Posted by Bob G. on November 10, 2005 at 20:13:13:
There is a lot to consider in the question that you pose. Legal liability is one part, but taxes is another important part. But first, let me make it clear that no matter how you set it up, as an LLC, Partnership, Corp, etc., just about any lender will require you to personally guarantee the loan anyway (if they don’t be skeptical). Whether or not to do this as a partnership, LLC or corp will depend on your trust of your partner and your individual financial and tax situations. If you trust your “partner” go with a partnership (bad liability issues, good tax benefits), if not an LLC is the next best route. I would recommend using an attorney for this no matter what (online services are rarely airtight in every state).
If you would like to discuss further, please feel free to contact me directly at bob_gasperini@verizon.net.
Bob G.