How to Choose the Proper Entity for Your Business
First, let me state that I'm not an attorney and the rest of this article is just based on my experiences so I'd advise you to contact John Hyre at www.realestatetaxlaw.com to get some solid, specific advice on your particular situation. Also, this article is not going to discuss land trusts, which some of you may have just stumbled upon. A land trust is not an entity. Although it is frequently used in conjunction with entities, it is merely a paper device used to shield property ownership from the public. When I first got going, the recurring wisdom was that an investor should use a C corp for cash deals. By cash deals, I mean anything that throws off cash quickly. It might be a wholesale flip, retail assignment, rehab and retail, option, etc. There were numerous reasons why this was and is recommended. First, the C corp offers great liability protection and allows the owner to take advantage of fringe benefits, thus draining the corp of excess profits through legitimate expenses. What I've learned the hard way is that this entity is not necessarily better for cash deals than other entities unless you're doing serious cash numbers. By this I mean that the added benefits that a C corp offers are not available to you without a ton of cash coming in. Stop and think about it for a moment. Are you going to generate enough cash to pay normal operating expenses like salary, marketing, funding, overhead, etc. and still have cash remaining to set up company programs for retirement, medical, insurance, education, etc.? Typically, the answer's going to be "No", at least during the formative years. The primary downside to a C corp is that any losses, paper or otherwise, do not flow through to your personal tax return. You don't get to use them anytime soon. When I started, the secondary recommendation for cash deals was an S corp because it did offer many of the same benefits as a C corp, yet allowed the owner to flow losses through to the personal tax return. Once the business was thriving then converting to a C corp was not difficult. When I went through this research again about a year ago, the majority of responses I received was that I should use a Limited Partnership (LP) for cash deals with a Limited Liability Company (LLC) as the General Partner (GP). I've also heard others suggest using an S corp as the GP. Other recommendations included using an LLC by itself as the cash deal entity. What about entities for the keepers? By that I mean any property that hangs around for a while and doesn't cash out soon. It could be a rental, lease option, or any property with owner financing, including subject to (Sub2). What I was told there was the same; that an LP with an LLC as the GP was currently best. The point here is that if you do spend the necessary time to research this issue (and you should), you are likely to get each of these responses and possibly more. My experience is that any of these suggested entities is better than starting with a C corp as I did. Factors that should play into your decision process include setup costs and any state-specific laws for each of the entities. For example, in my state, Texas, the LLC is much cheaper to set up than an LP. However, the LLC is also subject to franchise taxes on gross receipts over 150k and the LP is not. Confused? I agree it's not easy to know what the right course of action is. Do you need an entity or multiple entities established before you do some deals? Absolutely not. Why go to the trouble of setting up companies for a business that you may decide to discontinue? How do you know if you'll even like real estate investing until after you've done some deals? Why do you need to set up serious asset protection until you have something worth protecting? My recommendation would be to begin to research the various entities for your state as you continue to work your investing business. In my opinion there's no need to make things complicated in the initial stages. If there's no obvious negatives to an LLC in your state, then perhaps that would be a good start. I would not rush out and set up a separate entity for cash deals and a separate entity for keepers as I did. I would not set up an LP as my first entity as it involves at least two partners, one limited partner and one general partner. Entities are not set in stone. With the proper guidance and counsel from good attorneys and CPA's, you can make changes to your business plans as the business grows. Again, this is not something you have to figure out when just starting. Find someone very knowledgeable about real estate investing, like John Hyre mentioned above, and begin to ask the tough questions so you can make informed decisions. As your business grows, your asset protection can grow with it. Thanks for reading. Until next time, good investing. (c) Copyright 2003, All Rights Reserved. About The Author Tim Randle is a full time real estate investor in Round Rock, Texas and can be reached through his web site at www.TexasRealEstateClub.com; info@texasrealestateclub.com
MORE RESOURCES:
London Ontario Real Estate Information
Can I Sell My Private Mortgage Notes?
How to Prequalify a Buyer When You Sell Your Home By Owner
Purchasing Property With No Money Down: My Personal Experience
Budgeting Your Log Home: Where Do You Start?
How to Get Financing after Filing Bankruptcy
Joint Ventures In Real Estate Development; So How Do They Work?
How to Price Your Property?
How to Make the Real Estate Market Work For You and Get The Most Money
Cheap, Bargain, Real Estate; Good Deals, Below Market, Low Priced Properties Are Available...
Real Estate: Reasons and Priorities for Purchasing Property
A Powerful Suggested Technique for YOUR Home & Property Search
Horses In My Back Yard
How To Give Yourself A $20,000/Year Raise Without Asking Your Boss
How Do I Implement The Lease Purchase Plan?
How I Became a Real Estate Investor
Safe, Scenic & Secure Sussex County Delaware
Quality of Life in Sussex County Delaware. Facts, Statistics, Observations and even opinions!
Investing in Real Estate Profitably: Financing Options for Purchase of Rental Houses, Part 1.
Investing in Residential Real Estate: Achieving Positive Cash Flow
Regarding Real Estate On Leased Land
How Much Home Can You Afford In Todays Market?
Why Do Realtors Advertise Your Home in Print,on the Radio, on Television, etc.?
I have a buyer for your property and I can sell it now!
Where Does Your Real Estate Commission Fee Go - Why is The Commission so HIGH?
What We Do To Sell Your Property!
Maximizing Curb Appeal and First Impressions to Sell your Home
Juggling The Day With A Deal
The Many Benefits Of Lease Purchasing
Various Aspects Of The Lease Purchase Business
What Can I Realistically Earn In A Lease Purchase Business?
Real Estate, Real Property and Leased Land; Definitions, Discussion and Explanations
Tax Deferred Exchanges of Investment and Business Real Estate
High Tension for the Buyer and Seller of Real Estate Can Be Reduced
Legal Information About the Real Estate Contract
Real Estate: Buyers Agent, Sellers Agent & Dual Agent (defined and explained)
Landscaping Adds Great Value to Real Estate And Helps You Sell
Are You Profiting From O.P.P.?
The Many Ways To Profit From O.P.P.s Multiple Cash Streams
How Do You Profit From O.P.P.?
Lease Purchasing Is The Perfect Home-Based Business
Buying Country Acreage and Rural Properties, To Buy or Not To Buy
The 21st Century Way To Build Equity
Property Types A, B, C And D
The Psyche of The Seller and The Tenant Buyer
Reprint Rights and How To Use Them To Generate A Steady Income
Seller Objections To Lease Purchase
Tenant/Buyers Have Multiple Options
The Devine Secrets Of The Ya Ya Lease Purchase Hood
How To Get The Best Rental Accommodation In The Area By Using Your Capital
Strata Title Hotel Investments
Why You Should Rent To Live And Buy To Invest
Time Is A Major Real Estate Wealth Growth Tool, So Use IT And Watch Your...
Property Auction & Why You Should Run A Mile From Them
Condo Hotels Offer Luxury and Great Investment Potential
Condo Hotel Trends - A Look at the Big Picture in Vacation Home Ownership
The Benefits of Fractional Ownership in Private Residence Clubs
Real Estate Development Marketing
Buying Land For Development Requires Careful Planning and Execution
Home Inspections or Home Warranty?
Peace of Mind for Home Inspections: Choose the Right Inspector!
Preparing To Make A Zero Down Offer
Using The Internet In Your Lease Purchase Business
Real Estate Local FAQs.
Sell Houses Fast & Top Dollar: Design Psychology
What is a Predatory Lender?
Find Bucks in Yucks! 20-Year-Old Woman Turns Doghouses into Dollars!
Selling by Owner = Saving by Owner?
You Have 15 Seconds to Sell Your Home! 11 Steps You Can Take to Sell Your Home for Top Dollar
Selling by Owner Tips
Using Transformation Psychology to Sell Investment Properties
How to Become a Successful Real Estate Investor
Buying Houses: Types of Bargains to Find
Financing Houses
Using Color Psychology to Sell Your Home
Five Things to Help Sell Your Home Fast, and For More Money
Ten Steps for Becoming a Successful Real Estate Investor
Finding a Great Listing Agent for Your Home: 8 Tips
Selling Houses: Design Psychology and Interior Colors
Interior Design Secrets for Selling Houses
Five Ps of Selling Houses
Selling Houses: The Basics of Design Psychology
The Costs of Transforming Your Home into a Buyers Dream House
Fixing Houses: Mixing Your Own Paint for Savings and Harmony
If Your House Is a Mess, You Dont Have To Sell For Less
18 Easy Steps to Buy a Bargain House
How to Choose Your Real Estate Lender
Create a Sizzling Home Sales Flyer
A Beginners Guide to Flipping Houses
Questions Investors Should Ask When Buying and Selling Investment Property
Real Estate Investing: How to Choose a Lender
Real Estate Investing: Infomercial and Mentoring Scams
Why You Need a Lender to Sell Your Home
Selling Your Home: The Power of a Great Sales Flyer
The Secret to Maximum Real Estate Profits: Lighting
Selling Investment Houses: Props & Profits
Selling Houses: Cutting Edge Design Tips for Selling
Dont be Tempted by We Buy Houses (Updated)
Buying and Selling Distressed Houses for Maximum Profit (Update)
Selling Houses Fast: Basics of Design & Color Psychology
Selling Houses: Flooring & Feelings
Selling Houses: Psychological Effects of Landscaping
Credit Help: Buying Real Estate -- Not the Same as Buying Cars
Fixing Houses: Using Psychology for Profits
Selling Your Home Quickly, Even if You Have No Money For Repairs
Talk to a Lender Before You Sell Your Home
Selling by Owner Escrow or Closing Checklist
Investing in Real Estate Profitably: Eliminating the Need for Mortgage Insurance
How to Make Money in Real Estate Without Doing the Scrunch Work
Achieving Positive Cash Flow from Your Real Estate Investments
Selling Houses: Design Psychology Works!
Selling Your House Fast!
Transforming Doghouses into Dollhouses
Selling Investment Houses: Psychology of Mirrors
A Real Estate Primer
What are the Elements in Real Estate?
Curb Appeal
What to Look Out For When Buying Off Plan
Staging® Your Home for Sale: a Superior Real Estate Home Marketing Technique: Part 1
What Does It Take To Be A Donald Trump in Real Estate?
On the Crossing of Continents
Panama is Hot - A World Class Retirement Haven Thats Ripe For Profitable Real Estate Investment
Personal Branding Techniques for Real Estate Agents and Brokers
Real Estate Investing Myths That Steal Profits From Your Pocket
Budgeting Your Log Home - Creating a Checklist
Do You Want To Sell Your Rehabs Fast?
How Much Should I Pay For This House?
Real Estate Investment 2005 - The Hottest Countries for Investment in 2005
Real Estate Investment - Why it is Big Business?
Tax Free Exchanges: Watch out for the New Residence Rules
Home Inspectors - Negotiating a Lower Price
Finding the Right Real Estate Agent:: A Guide for Seniors
Why it is Important to Hire Just One Real Estate Agent to Buy a Home
The Professional Investors Plan
How to Buy a Home When Your in Your Twenties
Why Invest In Property?
Location, Location, Location
Prepare Your House for a Successful Sale
Pricing your House to Sell
Virtual Agent? Online Real Estate
Curb Appeal
Water, Water Everywhere on the Waterfront
Before Selling Your Home
When Showing Your Home
For Sale By Owner Listings
Should you Sell your Home yourself?
Evil Gains Entry
How to Sell Your Own Home and Save Thousands of Dollars
Home Inspection Checklist - Home Inspectors
The Value of Foreclosed Property
Investing In Commercial Property
Investing In Land
Selling Your Home - A FSBOs Guide to Keeping It Safe
Seven Questions You Should Ask When Buying a Condo Hotel Unit
What is a Foreclosure?
Expenses of Home Ownership
Dealing With Dual Real Estate Agents
At Home In Your Overseas Home
A Real Estate Investing Primer
The Real Estate Bubble Fallacy
Tax Assessment/Appraisal: How Do I Know What My Home is Worth?
How to Build a Real Estate Investing Power Team
How Can the Average Person Build Wealth in Real Estate?
Product Review of Carelton Sheets No Money Down Course
Real Estate News
Types of Listings with Agents
The New First Impression in Home Selling
Buying a House in Scotland
Fixing Houses for Resale: Three Beginning Steps to Increase Profits and Have Fun
Basic Tips for First Time Home Buyers
Homebuyer Heaven Can't Possibly Last
Selling Your Property Without An Estate Agent
Avoid The Traps Of Finance
Big Discounts With Property Investment Clubs?
New or Old House?
How Not To Blow Your Build Budget
Is a Vacation Home Right for You?
Should You Buy Real Estate Now
Staging Homes for Top-Dollar Sales
Real Estate Bankruptcy
How To Negotiate A Higher Price For Your House
Maintaining Small Town Charm In An Ever-Changing World
OPM - The Art of Leveraging
A Difference Between Appraisal, Assessment, Home Inspection
Investing in Real Estate Like a Stock
Getting Raw Land, Not a Raw Deal!
Investing in Real Estate Vehicle for Wealth Building
A Possible Bargain: Foreclosed Properties
How Can I Stop Foreclosure on My House?
Buying New Construction...How Do I Begin?
Dont Sell Your House--Ever!
A Singles Game of Real Estate
Investment Real Estate Done Right -- Your Quickest and Safest Path to Wealth
Atlanta Georgia Real Estate - Marietta - East Cobb, Roswell, and Alpharetta
How to Attract Clients in Residential Real Estate
How to Build Your Dream Home
Property in Bulgaria - Huge Investment Potential
Unravelling The Real Estate Buying Process in Canada
Why Canadian Real Estate is Such Good Value
How To Find Your Dream Home In Belize
Negotiating the Real Estate Contract
Be A Realtor With Curb Appeal
Investment Real Estate -- A New Twist: Be the Bank, Not the Landlord, and Get Rich Without the Work!
Build Your Retirement By Investing In Real Estate
Appraisal vs. Market Value: How to Avoid Pitfalls in the Sale of Your Home
Utah Real Estate
Purchasing Land: What To Look For
If You Cant Afford to Retire...Move
Moldy Homes are a Great Investment
NAR® Broker Will Swear It - Real Pro' Agents Share It - FSBO Truth
How to Get the Best Price for Your House
Flat Fee MLS Listings - Is This The Future Of Real Estate
10 "No Money Down" Ways to Buy Real Estate
Look Past the Bottom Line for a Propertys Potential
10 Tips for Investing in Distressed or Foreclosed Properties
How to Research and Purchase a Good Investment Property
Termite and Moisture Damage Not Reported
Free Tips That Will Dramatically Increase the Selling Value Of Your House (Part 1)
Dont Overpay for a House, Even in Todays Market
What Homeowners Should Know to Stop Foreclosure- Speaking Your Lenders Language
Finding A Capable Agent To Meet Your Real Estate Needs
How to Prepare Yourself for Owning a Dual Purpose Second Home
Conditions Are Right For Buying The Higher Priced Home You'Ve Always Wanted
What To Expect In Closing Costs On A Home Purchase
Avoiding A Bad Investment Is Easier Than You Might Think
Working With Your Real Estate Attorney
What's Your Style? A Guide to America's Most Common Home Styles
XML error: XML_ERR_NAME_REQUIRED at line 1 | 
