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Avoiding Personal Liability This is the major advantage of an LLC. You want the best option for limiting your personal liability should an unforeseen circumstance arise relating to your property. LLCs provide that protection.
In Pennsylvania, if a lease will continue for thirty or more years, in order to avoid a transfer tax, it is critical that the lease wording clearly express the parties' intent to unconditionally renegotiate the rental rate for any renewal term years beyond the twenty-ninth year and eleven months.
Pennsylvania realty transfer tax is imposed at a rate of 1 percent on the value of real estate (including contracted-for improvements to property) transferred by deed, instrument, long-term lease or other writing. Both grantor and grantee are held jointly and severally liable for payment of the tax.
Transferring Property Titles from an Individual to a Florida LLC. Meet with Your Mortgage Lender. Form a Florida LLC. Obtain a Form for a Deed. Fill Out Warranty or Quitclaim Deed Form. Sign the Deed to Transfer Property to the Florida LLC. Submit the Deed for Public Record. Update the Lease.
If you only plan to have one rental property, then it might not make sense to incorporate. However, if you plan to build a portfolio of properties then having a corporation can be significantly more beneficial as it provides limited liability and the administration costs are spread over various properties.
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As long as you do not transfer more than 50% of the LLC interests, no reassessment is triggered. Once you reach the 50% threshold, you can then distribute the property to the LLC members proportionately (as long as it is done proportionately per the membership interests, there is no reassessment).
The biggest benefit of creating an LLC for your rental property is that it can insulate you from personal liability. Yes, you may have liability insurance, but if someone is seriously injured on your property, they can sue you personally for medical expenses and damages above and beyond the limits of your policy.
Transferring your property to an LLC is usually achieved by filing a quitclaim deed, a general warranty deed, or some other kind of deed to facilitate a transfer of the property from you to your LLC. Otherwise, as you acquire property, it can be directly purchased in the name of your LLC.
You may wonder, "Can an LLC buy a house?" The short answer: Yes. You may want to explore the idea of buying a house with an LLC to enable your business to own property or to have your LLC make your next real estate purchase.
It is not just a case of forming a limited company and transferring your property by signing it over. You must sell your property to your new company at the market value, and this will attract some costs, for example: Capital Gains Tax.

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