I just received a response from another message board suggesting “For ultimate protection and privacy, use a combination of a Simple Land Trust and make the LLC the beneficiary.” Is this more of a tactic for protection or tax benefits? I’ve not heard of this and if anyone has experience or thoughts about this, it would also be greatly appreciated. Thank you.
I’ve recently decided to make fix/flip properties my new career and bought my 1st home in Colorado and am looking for a few more for a total of 4-6 per year. I set up an LLC to protect myself, not thinking about tax implications, but my realtor suggested an S Corp stating that S Corps treat houses as inventory thus allowing to buy and sell them without paying capital gains taxes on the sale… Can anyone confirm/deny this and explain why or why not an S Corp is better than an LLC? Can anybody point me in the direction of a resource that talks more about corporate entities for real estate investors? Thank you.
FFN, I’m not an attorney so take this for what it’s worth…
There are a LOT of pieces to the puzzle that determine the best structure for your business to protect your assets and reduce your tax obligation. You need to talk to a local attorney that works with this stuff (pref a tax-attorney that understands all the ramifications) and explain your situation in detail.
IN GENERAL, it’s best to use an S corp for fix flip and an LLC for buy-hold (rentals). You CAN elect to have your LLC treated as an S corp. Talk to your tax advisor to see if this might help.
All the best, Lyal