The Best Business Structure for Real Estate Investors

Last Updated on November 16, 2023

The Best Business Structure for Real Estate Investors

 

When it comes to business structures for real estate investors and how to execute them, there are a lot of options to choose from. The best business structure for you will depend on your individual circumstances, but there are a few general factors that you should keep in mind. First, consider the amount of liability protection that you need. If you’re concerned about being held personally liable for any debts or damages that your business might incur, you’ll want to choose a legal entity that offers some level of liability protection.

Second, think about the tax implications of each business structure. Each structure is taxed differently, so you’ll want to choose the one that offers the most favorable tax treatment for your particular situation.

When deciding how to structure your real estate investment company, it’s always a good idea to consult an experienced accountant. 

Finally, consider the ease of formation and ongoing compliance requirements for each type of business structure. Some structures are much simpler to set up and maintain than others, so if you’re not keen on dealing with a lot of paperwork, you’ll want to choose a simpler structure. Keep these factors in mind as you weigh your options, and you’ll be well on your way to choosing the best business structure for your real estate investing business.

The Different Types of Business Structures for Real Estate Investors

When it comes to structuring a real estate investment company, there are several paths you can take, easy having their own set of benefits and drawbacks. The four most common business structures for real estate investors are sole proprietorships, limited liability companies (LLCs), general partnerships, and corporations. Here’s a brief overview of each:

The Sole Proprietorship

A sole proprietorship is the simplest business structure for real estate investors. You are the sole owner of the business and are personally liable for all debts and obligations. 

The General Partnership

A general partnership is similar to a sole proprietorship in that there are two or more partners involved in the business, but each partner is jointly liable for the debts and obligations of the partnership.

The Limited Liability Company (LLC)

An LLC is a legal entity that offers limited liability protection to its members. This means that each member is not personally liable for the debts and obligations of the LLC. The LLC itself is responsible for any debts or obligations incurred.

The Corporation

A corporation is a legal entity that offers limited liability protection to its shareholders. This means that shareholders are not personally liable for the debts and obligations of the corporation. The corporation itself is responsible for any debts or obligations incurred.

Should I Be a Sole Proprietor? 

There are some benefits to being a sole proprietor in the real estate investing game. You have complete control over all aspects of the business, from acquisition to disposition. You also have the advantage of being able to take all of the profits from the business for yourself. However, there are even more drawbacks to being a sole proprietor that put this option at the bottom of the list of choices for real estate investors. One of the biggest is that you are personally liable for all debts and liabilities incurred by the business. This means that if you default on a loan or are sued, your personal assets could be at risk.

Another downside is that it can be difficult to raise capital as a sole proprietor. Investors may be reluctant to put their money into a business that is not legally separate from its owner.

So, who is a sole proprietorship best suited for? In general, operating as a sole proprietor isn’t recommended. While it is easier to get started, it offers far less legal protection.

If you are new to the real estate investing game or not confident in your ability to handle all of the challenges that come with it, you may be better off forming a legal entity such as an LLC to shield you from any liabilities.

Should I Use a General Partnership?

A general partnership is very similar to a sole proprietorship. It occurs when two or more people come together to invest in property without forming any kind of legal business structure around the investment. Each partner contributes money, time, or effort and shares in the profits and losses of the business. There are some pros to this type of arrangement. First, it can offer a way to pool resources so that you can buy a property that you couldn’t afford on your own. Second, it allows you to share the workload and responsibility for the property with other people. And third, it can provide tax benefits since partners can deduct losses on their personal tax returns.

However, there are several important drawbacks to consider. First, you’ll be sharing control of the property with other people, which can lead to disagreements down the road. Second, your partners’ financial situation will have an impact on your own finances since you’re sharing the risk. And third, if one partner wants to sell out, the other partners may be forced to sell as well.

So is a general partnership a good business structure for property investing? In general, no. It does not shield the partners from any legal liability. In fact, it increases it due to the fact that each partner is now liable for the actions of the other. 

Should I Use an LLC?

An LLC, or limited liability company, is a popular business structure for real estate investors. There are several advantages to using an LLC for investing, including asset protection and flexibility in how the business is taxed. However, there are also some drawbacks to be aware of before forming an LLC. One of the biggest advantages of an LLC is that it can help protect your personal assets from being seized if the business is sued. This is because the LLC is treated as a separate entity from its owners, so your personal assets are not at risk. This can be a significant benefit if you are investing in risky or high-value properties.

If you have to get a loan, whether it be a private loan or a hard money loan, lenders typically require an LLC be setup.   Another advantage of an LLC is that it offers flexibility in how the business is taxed. For example, you can choose to have the LLC taxed as a partnership or as an S-Corporation (S Corp). This can be beneficial depending on your tax situation.

An LLC is taxed as a pass-through entity, meaning that the LLC itself is not taxed on its income. Instead, the LLC’s owners are taxed on their share of the LLC’s income. This is often advantageous because it allows the owners to avoid double taxation (being taxed both as a corporate entity and as individuals). There are only a few potential drawbacks to consider before choosing an LLC. One of the biggest potential disadvantages is that an LLC can be more expensive to set up and maintain than other business entities. There may also be additional filing requirements, such as annual reports and franchise tax reports.

In general, LLCs are the preferred business structure for most experienced real estate investors. It offers a good balance of legal protection and ease of formation. It offers the best tax advantages. And most investors prefer the LLC structure if you ever decide to raise additional capital.    

Should I Use a Corporation?

Whether or not forming a corporation is a good business structure for your real estate investment depends on a number of factors. A key advantage of corporations, just like LLCs, is the issue of personal liability. If a corporation is sued, the shareholders’ personal assets are generally not at risk. However, if the corporation is not properly managed, shareholders may be held personally liable for its debts and liabilities. So if those forming the corporation are inexperienced, this can in fact be a major downside.

One key consideration is the issue of double taxation. When a corporation earns income, it is subject to corporate income tax. Then, when the corporation distributes its profits to shareholders in the form of dividends, the shareholders are taxed again on that income. This can result in a significant tax burden for shareholders. 

In general, corporations are reserved for larger real estate investors with many investors, whether they be private or institutional, while LLCs are best for the majority of players in the market. 

Final Thoughts

When it comes to choosing the best business structure for real estate investors, there are many different entities they can choose from, but there is not one “best” option. The best business structure for a real estate investor will depend on the investor’s individual circumstances, such as the type of investment, the amount of money being invested, and the investor’s goals. In general, the best option is a limited liability company (LLC). LLCs offer investors personal asset protection and the ability to pass through profits and losses to shareholders. Additionally, LLCs offer tax advantages, flexibility in management and are easy to form. For additional information on business entities, the SBA is always a great source of business information. 

As with any decision, real estate investors should always consult with their lawyer, accountant or financial advisor to determine which business entity they should choose.