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Commonly Asked Questions about Real Estate Transfer to Corporation

For some real estate investments, it is highly recommended to use an LLC and an S corporation at the same time, with the LLC holding the property and the S corporation managing the business. This strategy shall offer real estate investors both the asset protection of an LLC and tax benefits from an S corporation.
The process for transferring property to your LLC is similar to selling your property to a another party. Youll just need to completely transfer ownership to the corporation instead of an individual, like in the event of a sale. Its a simple three step process that we detail below.
To transfer ownership in a C-corporation, all you need is a sale of stock. Owners are usually free to buy and sell shares of stock. But sometimes the Shareholder Agreement or Corporate Bylaws may have certain restrictions. For instance, the shares may need to be offered to existing shareholders first.
For tax reasons, you are generally well advised not to hold real property in a corporation. LLCs and revocable trusts are usually better alternatives. But theres one scenario where using an S corporation to own property can pay off tax-wise.
In an S Corp, your ability to claim losses against your investment is restricted to the actual money youve invested in the property nothing more. In the event that the property generates a loss, you can only offset this against your stock basis, which is essentially the money youve put into the property.
Tenancy by the Severalty. When ownership of real property is in the hands of an individual or corporation it is referred to as a severalty estate. The law considers a corporation an individual which must act by corporate resolution with official decisions by the board of directors.
LLC. A limited liability company (LLC) is a common entity choice for real estate investors and offers many advantages. Choosing this structure for your real estate investment business allows you to limit your personal liability in the business to the money you contribute and the debts you co-sign for.