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GA real estate lawn and LLC law. should transfer rental property to a LLC?
Atlanta, GA
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Posted 29 days ago in Real Estate
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I have a rental property in Georgia. is it better to form a LLC and transfer the property to the LLC for personal wealth protection? And what is the tax implication?
Answers (4)Kevin M. Veler
This attorney is licensed in Georgia and 1 other state.
Posted 28 days ago.
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There are a number of issues to consider including asset protection, your financing, any work to be done on the property and tax issues. These are all issues that should be discussed based on your specific situation. there are multiple online sources of information (as you have probably found from a google search) but you need specific information A good accountant and a good attorney are an important part of your business planning. What you pay upfront is generally saved in the long run because of the problems and issues you have avoided.
Disclosure: Neither this answer nor any information contained in this answer is intended to be treated as legal advice. This is legal information explaining general principles on legal issues. Discussion in public forums should not substitute for specific legal advice. You should NOT rely solely upon general information posted. Appropriate legal advice may only be provided when your unique circumstances are examined AFTER an attorney-client relationship is created. Some responses may not be posted by an attorney and may be incorrect for any number of reasons, including unfamiliarity with local or state law. Inappropriate reliance on general legal information may have significant adverse legal impact. There may be facts you have not disclosed that may impact general information inapplicable. It is up to you to determine if the general information is fully applicable, correct and reliable. This posting does not create an attorney-client relationship or privilege of any kind. Posting the specifics of your particular situation in a public forum is not protected confidential communication and posted information may be used against you. It can be found and traced. If you have specific legal questions, talk to an attorney about your specific questions in a private confidential meeting. Do not send any attorney private information until an attorney-client relationship is established. This attorney actively licensed only in the State of Georgia. Jeremiah Kent Jarmin
This attorney is licensed in Georgia.
Posted 27 days ago.
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You might find problems transferring the property to the LLC if the rental property isn't paid in full. Banks are very wary these days of allowing entities with no credit history to assume mortgages. If your LLC doesn't have significant credit history or collateral, you might find difficulty with the Bank allowing you to transfer the property or they might insist you personally guaranty the loan.
Brian E. Daughdrill
This attorney is licensed in Georgia.
Posted 26 days ago.
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It is not clear what you mean by "personal wealth protection." I am assuming that you mean that YOUR personal wealth would be protected from any claim arising out of the use or occupancy of the rental property. If that is the case, ownership by the LLC of the property MAY shield your assets from claims by, for instance, the tenant; however, there are a number of caveats to this. Even a corporate entity doesn't shield you from liablity arising out of your OWN tortious conduct or even your own negligence. If YOU individually, for instance, go repair the stairs on the house, and they collapse, the tenant may sue YOU for the repair as well as the LLC. The corporate entity is better for protecting you, individually, from corporate obligations (i.e. contractual debt) and the tortious liability of your employees. If you have a loan on the property, your lender may require you to sign a personal guarantee before they will consent to it being transferred into the LLC's name. If you transfer without their consent, this may be a default under the note.
Nothing in this answer on www.avvo.com may be deemed to create an attorney client relationship. Vivian Godwin
Posted 19 days ago.
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Hello,
I'm Vivian, a female. I picked interest in your advert in www.avvo.com, I want to invest in real estate properties. Contact me back so that we can discuss more better in details, (viviangodwin2009@hotmail.com). I awaits your quick response, Have a nice day Vivian.
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