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Single member LLC in Florida, how to protect my house and tax benefits?

Tampa, FL |

I am a home inspector in Florida, and have a single member LLC. I have a mortgage on my house.
My LLC filing is set-up as such. My principle address, and registered agent address are of a local attorney. My mailing address is a private mailbox that I bought, I did not want to have my house attached to the LLC at all to add a layer of protection in case of a lawsuit. I do not want to write off a room in my house for tax reasons, but I do want to write off my vehicle mileage since I drive from my house, to the clients to do a home inspection and back to the house, but I was told because I do not have my house as the business principle address I can not do that. Should I change my principle address to my house, I just want to be careful of my house and be able to write off my vehicle mileage

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Attorney answers 3


You need to speak to an accountant and/or tax attorney. This question involves many different aspects that cannot adequately be addressed in this format.


Your principal place of business for yax purposes is not what you arbitrary put on the State's website. It is where you principally operate the business regardless of what you place on sunbiz.


Florida has broad homestead protections. If you own your home and it is your primary residence, there are only limited circumstances in which your home may be at risk (for example, tax liens, liens connected to work performed on the property, and your mortgage lender).

Your principal place of business registered with the Division of Corporations is supposed to be the location where you actually conduct your business, not an address of your attorney. Simply listing your home address as your principal place of business is not going to place your home in risk. However, additional issues may arise, such as zoning issues and business tax receipt/occupational license issues.

I would advise consulting with an attorney with experience in small business matters to discuss your particular situation. As far as the tax issues are concerned, you should speak with a tax attorney or CPA for advice.

This post is for informational use only. This post should not be considered legal advice and does not establish an attorney-client relationship with Malvin Feinberg, P.L. (the "Firm") or any of the Firm’s attorneys. You should contact an attorney to discuss your particular legal issues. The Firm expressly disclaims any and all warranties in connection with this post, whether express or implied, to the greatest extent permitted by law. Additionally, the Firm does not warrant the accuracy or timeliness of the information contained within this post.

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