LLC's vs. S-corps

nswasey profile photo

Hi there,

My husband and I are starting are real estate investment career. After doing some research, we see that it is recommended that you form an LLC. Why is it better to form an LLC rather than an S corp. if your going to hold real estate?

Also, should we form and LLC before we do any investing? and one more, are a husband and wife considered one member or two? confused

Comments(4)

  • Al22nd October, 2002

    This is an excellent question which i would also like to know the answer. If you suggest a S corp...would it be best to open the corp in NV?

  • way_motivated22nd October, 2002

    i would have to recommend speaking to local competent legal counsel, ask other investor and see who the good real estate attourneys are and take them out to lunch or see if they'll give you a free 1 hour counseltation.....or check out some of these:

    -> discussion aobut lands trusts and LLCs
    http://www.thecreativeinvestor.com/modules.php?op=modload&name=Forum&file=viewtopic&topic=25&forum=12&3

    -> discussion about nevada corps
    http://www.thecreativeinvestor.com/ViewTopic13-12-8.html

    -> a bunch of business related questions and answers from leaglwiz, bronchick's site
    http://www.legalwiz.com/faq/2.html

    these should help somewhat

  • Cheyenne22nd October, 2002

    Do your dilligence. S, LLC and C corporations each have their pros and cons. There is no silver bullet. One may be better for your in your particular situation. I personnally have an LLC that performs property management and holds; I also have an S that fixes, flips, L/Os, etc.

    Don't get hung up on a Nevada corp, or a Wyoming corp, or a Delaware corp. Way Motivated in Co Spgs is right in steering you to your local investment club/local investors and local attorneys for advice.

    Good luck!

  • nswasey23rd October, 2002

    thanks for the feedback. i am going to consult a real estate attorney. i will get back to you when i get some advice.

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