For a real estate business, location is everything—not only because of marketability but the state’s requirements in establishing the business. Would you choose a state that would make the LLC formation process so difficult for new businesses? Who would want that kind of headache, right?
To help you make an informed decision, our team evaluated the best states to form an LLC for real estate.
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Forming an LLC for Real Estate
No matter how enticing it is to purchase a property and incorporate your real estate company immediately, our experts recommend weighing through every single aspect that may make or break your business venture. From tax rates and filing fees up to market conditions, here are the most crucial determinants you need to consider.
Points to Consider In a State to Form a Real Estate
Tax Rates
Any investor will agree when we say that tax rates are among the most important factors when deciding which best states to form LLC for real estate businesses. Each state has its specific tax concerns that could either help or set drawbacks in your property assets.
Wyoming tops the list as the state with the best business tax climate index this year, and this means that it has effective tax systems contributing to the state’s further development and improvement.
Similar to Delaware and Nevada, Wyoming also does not levy state income taxes. And as an LLC, you are eligible for major tax benefits like general business deductions and qualified business income (QBI) deductions, which diminish specific operational expenses of your real estate business.
Should you find yourself still in doubt and sheer confusion, our team suggests meeting with CPA professionals in the area of your choice to help you figure out how to maximize these tax benefits for your real estate investments and LLC assets.
Real Estate Market
On top of taxes, there are certain key metrics that could determine the condition of any real estate market. Some states offer relatively low property taxes, like Alabama and Nevada, which maintain high net cash flow from investment properties.
Suppose you’re involved with the rental property industry. In that case, it’s crucial to look at the state’s population and rental occupancy rates to determine the range of housing demand in the coming years. You should also check out the current prices of properties and historical assets that could potentially increase the state’s market value.
Legal System
Given that a real estate business deals with constant transactions over properties and taxes, legal disputes are always the common dilemma one will go through one way or another.
There are a few states, like Delaware and Nevada, that have specialized courts solely dedicated to handling legal cases related to business transactions. Through this process, issues get resolved quickly and adequately as the court is composed of highly experienced business professionals.
Other Fees and Responsibilities
Aside from taxes, there are other fees your real estate business must fulfill upon the formation of your LLC. During the incorporation process, some states may require you to pay filing fees, and the prices vary depending on the environment of your operations. The same thing applies to renewal fees, except the latter was paid annually.
Fees may also be incurred through the acquisition of business licenses, annual reports, and more. Though this may sound easy, our team strongly recommends managing these requirements carefully because failure to comply within the specified time may result in the company being revoked or administratively dissolved.
(Looking for services to help you establish an LLC? Then, you can check our review of the best LLC formation services here)
Registered Agent Service
As a formal business entity, you are required to appoint a registered agent in every state your company chose to operate. This appointed representative will receive legal documents in your stead.
Although some might think that selecting a family member or acting as their own registered agent is the practical choice, these documents being delivered have strict deadlines that could cause financial and legal consequences. It’s critical to have an agent that’s solely responsible for these processes; that’s why most companies opt to hire registered agent services.
LLC as Business Structure for Real Estate
Aside from the fact that an LLC is much easier to form and manage compared to other business entities, this type of corporation allows the transfer of equity and cash distribution to another partner without hassle.
Creating your real estate business into an LLC also gives you an extra layer of asset and liability protection. Although it varies depending on the situation, this could prevent personal assets from being seized in the event of legal disputes or bankruptcy.
LLC or Series LLC?
It’s not surprising that most real estate business owners prefer to form an LLC for its flexible processes and reliable asset protection features. Still, there’s one option some consider better, and it’s none other than forming a Series LLC.
Both business entities are similar in terms of formation regulations, asset and liability protection features, and associated fees. The only difference is a Series LLC can separate its assets into various sub-LLCs, which implies that each of them is shielded from legal consequences should one gets involved in any business disputes.
(Different business structures tend to be very confusing. If you are setting up a company, you should also know how limited partnership and LLC vary here)
Forming a series LLC also saves you more money as you can file each one separately and enjoy tax-efficient advantages [1], and enables you to streamline your tax filing processes. However, series LLCs aren’t recognized in other states like California, so our team suggests considering the place of your incorporation first.
(If you also considering creating a consulting business, you can also read our page on the best states to form an LLC for consulting business)
Our Top Pick For a State to Form an LLC for Real Estate: Nevada
Taking into account the development of its real estate market from a 2.3% median home value increase, the population growth of 1.21%, and impressive tax climate index, Nevada emerged as the best state to form LLC for real estate business.
Not only does this state offers plenty of property investment opportunities, but it also doesn’t levy state income taxes. It is also equipped with a specialized legal system composed of experienced professionals who handle business disputes efficiently, reducing operational delays that may cause damages.
Planning about establishing a non-profit entity? Well, before making your final decision, here are the pros and cons of creating a non-profit organization. Read next!
