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May 25, 2012, 07:44:49 PM

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Real Estate Investing Forums  |  Real Estate Investing  |  Asset Protection, Legal and Contract Issues, Income Taxes, 1031 Exchanges (Moderators: $Cash$, Bluemoon06, kdhastedt, Mdhaas, motivatedceo)  |  Topic: Combining Land trusts, LLC's and income taxes « previous next »
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Author Topic: Combining Land trusts, LLC's and income taxes  (Read 1395 times)
jim790
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« on: April 07, 2005, 06:34:51 PM »

Hi I'm new to this great site!

We (wife and I) own 15 sf's in Wisconsin. 10 of which have mortgages. They are all currently titled in my name. I have decided to put them in a total of 5 LLC's, 3 props in each. Both my wife and I actively manage the props, so we are both members of the LLC's.  I contacted the lenders, and they refuse to allow me to transfer the props into the LLC's because of the DOS clause. I have since decided my only other course of action is to put each prop into a land trust or living trust, then make the LLC's the beneficiary of the trusts. I realize this technically still violates the DOS because I am no longer the beneficiary.  

Questions....

1) Income taxes: I currently report all my rental activity on Schedule E's. Am I correct that an LLC operated as a husband/wife 2 member LLC will still be treated as a single member (WI is a community state), and allow the income to pass through, thus allowing me to continue filing schedule E's? Will I have to file 1041's or something else for each trust or can they be passed through also?

2) Any comments putting each prop into a trust, VS putting 3 props to a trust?

3) If I am listed as a grantor and trustee, What if any is my personal liability? I see that some suggest making an LLC a trustee? Is this overkill? Any comments on this?

4) How do I find a WI attorney or accountant that is knowledgeable in these areas?    
       
Thanks for any comments and help!
« Last Edit: April 08, 2005, 10:05:01 AM by TRandle » Report to moderator   Logged
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Real Estate Investing Forums  |  Real Estate Investing  |  Asset Protection, Legal and Contract Issues, Income Taxes, 1031 Exchanges (Moderators: $Cash$, Bluemoon06, kdhastedt, Mdhaas, motivatedceo)  |  Topic: Combining Land trusts, LLC's and income taxes « previous next »
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