Should I buy real estate in my LLC or business name or land trust
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- Опубликовано: 5 июл 2024
- Do you know what a Land Trust is and why real estate investors should use them? Well, if you're still buying houses in your name, your LLC or your business name, let this be a warning to stop doing that. Today I was hired to teach a class, to go deep into how to use land trusts and what they actually are. You see, if you buy houses w/ your company name or LLC, then you're putting your company at risk. Further, if you buy houses in your name, you're putting everything at risk. Why not take the time to get educated on how Land Trusts work so you don't have to put either of them on title OR public record...
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00:00- Intro
2:40 - What is a Land Trust
3:35 - Why should I put my house in a land trust
5:10 - Why I use a Land Trust instead of my LLC to buy real estate
8:40 - What are the parts of a Land Trust
9:35 - What is a Trust
10:12 - What is a trustee and what do they do
10:56 - Who is the beneficiary on a Land Trust
14:37 - What can the trustee do in the land trust
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#howdolandtrustswork, #whatisalandtrust, #landtrustforrealestate • Should I buy real esta...
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your system will not accept my gmail email
What about using a Holding Company that is in one of the states that use amenity?
I'm from Trinidad and tobago, does this work in the islands.
Does this work in New Mexico and Florida ?
Yo YO, this works in all 50 states, good luck to you my friend @@nouraldeen280
From an online source
“1. Land trusts provide privacy. Use a seperate Land Trust for every property, each with different names.
2. Land Trusts avoid Probate.
3. Land Trusts CAN BE pass through entities that do NOT file a tax return.
4. Land Trusts do NOT provide liability protection.
5. Your first LLC should collect all rents but OWN nothing. If you choose to set up a second LLC, It should own the beneficial interests in the Land Trusts but never manage the properties.
6. Insurance is very affordable. Get a rental dwelling policy for the rental unit(s) with a minimum of $500,000 in liability protection, a liability policy for the LLC with the same minimum and an umbrella policy over everything else of 1 million or more.
7. Your lease and sublease should be written to protect the Land Trust LLC and shift all burden onto the Management LLC.
8. Never lie under oath! Be as vague as their attorney will let you, but never lie. Never volunteer information you have not been asked. One of the worst problems people create for themselves is not knowing when to shut up. A good attorney will tell you when to shut your mouth. A good rule of thumb however is never attempt to fill in the blanks for opposing counsel. Be prepared to say "I don't Know" in a loud clear voice EVERY time they ask you a question you don't know the answer to.
9. The correct term is "Quit Claim" not quick claim.
10. Illinois is not a COPE entity state. LLCs can be attacked based upon your personal issues like auto accidents and such. Carry the highest auto liability insurance protection you can afford.
11. The Garn St Germain Act impacts the home you live in when placing a property in trust for estate planning purposes.
12. Be careful of some of the advice on moving title. It borders on mortgage fraud. Do you want to be a test case?
I am not an attorney and do not play one on television.”
JB, are you an investor yourself sir?
I have 3 properties , How am I able to write off the property tax? IRS allowable limit 5K. I pay 22K just in taxes... I wasn't sure how to proceed
There is something I am slightly fuzzy on regarding item 5: you are saying one LLC is for management, and any others are to firewall ownership away from any liabilities found in the first [should there be a lawsuit against it]?
don't forget the taxes flow through to the beneficiary@@begaqincer
I'm a California real estate attorney with plenty of experience enforcing judgments. This is 100% true. But you can add a layer of protection by creating a single member anonymous LLC in Wyoming with your land trust as the managing member.
Unless you have a property brick and mortar the state of Wyoming will not give you the LLC … and all of their virtual properties are used up
@@079402 I didn't know that! Thanks for the heads-up.
Okay... will the LLC remain Anonymous after the corporate Transparency act takes effect....? 🤔🤓
@@lettherebelight6910 no clue.
So trust > LLC > dign documents as agent of llc?
I use a different strategy.
I own a Wyoming LLC, and this is my Holding Company. I also own several LLC's that are owned by my Holding Company. My Wyoming LLC is the Holding Company for my Texas LLC. That Texas LLC owns a Land Trust, which owns a property. I am combining anonymity protection & legal protection within this structure. for complete asset protection.
yes, your strategy is a full complete asset protection. I don't teach that as I'm not a lawyer. This is simply the first step for my people to get these assets out our names... Looking good.
@@krishaskins They could easily get it out of their names just by having Wyoming LLCs to hold the property, a state where no public info on the owners or registered agents of an LLC is on the record - and skip all this nonsense about finding a person to be their trustee-employee to sign the documents and then twisting things into a pretzel to make sure that trustee-employee doesn't run off with your assets. You're creating headaches and expenses for no good reason when a Wyoming LLC is $100 and solves for both privacy and liability.
@@AA-zq1sx if I live in nj and operating an airbnb in nj but it's under a Wyoming llc will that matter ? and as far as taxes any benefit from this besides having the liability protection all around
@@joerosato1163
You'll have to have another LLC in NJ under the Wyoming holding LLC I think
If there is a "slip and fall" incident on the property, the injured party cannot sue the trustee for damages.
The injured party can look to the property for recovery in a charging order issued by the court against the beneficial interest of the land trust.
So, the beneficiary should be a "remote entity", like an LLC, that is the only beneficiary of that land trust.
The charging order against the beneficial interest will attack all assets of all named beneficiaries, so be sure it is a Single Asset Entity (SAE).
I haven't contiuned past the 3+ min mark...but THAT you interjected to offer the "handout" was impressive. OK..going back in...
yes, get in there and make it happen.
Good job ...great info!!!!
I wonder when you sold the home was a settlement statement provided, that should show taxes were collected at closing and transferred to the buyer to pay taxes at the end of the year. Was this not done? If taxes were not collected the issue is with the title company not the seller.
Hi Kris, I was recommended 1 video regarding Subject-to and haven't stopped watching. I currently have a SERIES LLC in Texas, which allows the Parent LLC to grow antennas and produces additional LLC's (series) for each additional property I own. If someone tries to SUE 1 property under the Parent LLC, legally, the Parent is NOT harmed nor held responsible due to the language drawn up by my lawyer.
Another question: Do recommend your "Beneficiary" be your LLC and NOT your personal name?
With all that being said, do you still recommend I acquire a TRUST? I just want to ensure I'm protected all around.
well, great stuff here. Remember, the LT is not really for protection, it's for anonymity, so you can still use all your LLC entities as the beneficiary.. Gonna be good to get you a lawyer for that stuff...
If I already owned the house under my personal name and moved it into a land trust later, would my name still be discovered from public records? If I search property history, I can still see past owners' names in the past transactions.
Kris,
Tremendous Job! Great Information.
Yes, thnx so much for supporting the mission
I’ve seen so many of these videos from so many other speakers as well and NEVER have they ever mention the reality of losing all your assets because of disagreement with the person you put in charge of your trust. It’s as if they all live in a fantasy world🙄🙄🙄
There is no perfect or 100% correct way to do any of these things. They all have pros and cons depending on what you’re trying to achieve. Purchasing under LLC can be beneficial in many ways
This is a good point, yes you're right
One thing I seen and was told was to put every property in a different llc like say your company name is black horse real estate, the. The next property should be black horse real estate 2 then next property black horse real estate 3 so they all are separate
I wonder would it b a good idea 2 have your CPA or RE Atty as the Trustee?🤔
thanks for video
Are you saying to have the trust be the beneficiary of the land trust? Because, on its own, a land trust (as far as I'm aware) offers no actual liability protection for the property owner (the beneficiary) beyond anonymity that can be pierced by court order by anyone bringing suit against the land trust.
So will banks let you purchase the house with the land trust name vs your personal name. Or after the purchase you open the land trust? They never lend to LLCs
How about I will buy a rental property and create an LLC around it. When I resell my rental property, I will dissolve my LLC. Any thoughts? Thank you.
You should have separate LLCs anyway....roofer being 1, investment separately
Wow this was good information.
Glad it was helpful! PLease tell me a little about your real estate journey and where you're at in the country?
@@krishaskins I’m a real estate agent in Hawaii. I’m looking forward to my multi family real estate investing journey.
Okay I own five lots couple times shares do I need to trust or do I need what do I need thank you you guys are awesome great video
call a lawyer
Warning stop listening to everyone on internet and do what you know to do
What if we dont know what to do... then what?
How can I watch the remaining of this lecture 😢
I contacted several local estate planning attorneys and they don't do land trusts.
Shortest version? Trusts... its control that is transferable, not ownership of assets. That means no taxable event occurs. An LLC doesn't quite get there.
The whole video plz
But can you use claim the tax depreciation on the house if the deed of the house is under a trust?
Ok this is our QOTD make sure ur on my email list
Lol, was this for avoiding taxes and fees or how to protect from your wrong doing’s ?
i’m in the hampton roads area, what’s the best way to get in contact with you?
yo yo, what up.... Hit us up at krisbuyshouses@gmail.com, let me know how I can help.
You know your real estate.
I was hoping you’ll be different than all the real estate gurus. A one time face-to-face charge of $275 is way to much.
Ok, I hear u, and u know I have mad love for u, what do u think is fair for info that will change ur life?
What should we do with raw land we are not using and can't be there to watch?
Well, this is a great Q for our QOTD next week, 👉Make sure you're on our email list so you don't miss any exclusive trainings, events or Questions of the DAY: aw8d9fb.aweb.page/p/6cca7548-b8c4-4a7e-a6b6-9cdc9b706c48
This is my FAVORITE TYPE of deal....
When I'm looking for properties, and I get one on trust I put it on a separate list or just throw it out completely. I've never found owner information on someone who has a trust unless the trust is literally their name, and that's only happened once.
Very Informative!!! Thank You. Have to learn more about that.
Love your content man!! Keep up the great work
good information but atrocious camera work. get a quality tripod and learn how to operate smoothly
How does funding work when acquiring property that's in a trust? Do you get the loan from the bank buy the property then put it in the trust? I just want to understand funding options when doing business through a trust.
I'm wondering the same. Would credit be based on EIN then I believe the Trust would need to show revenue/income and establish business credit.
Appreciate you Kris!
What about cost of setting up a land trust vs LLC??
Good stuff @kris
What about this scenario:
I divorce my wife and the court gives her all the properties in the settlement. I quit claim everything to her. She then pursues putting things into a trust or whatever.
Would that keep medical collections of mine off her new found divorce settlement?
Do Veterans and Seniors, still receive tax exemptions if property is held in a land trust?
This will be our question of the day for tomorrow my friend, thnx for this
Learning now. In an llc to grow your portfolio it becomes super hard.
Wait how did the contractor get judgment on his property? Did he put his property under the same LLC that he runs his construction business?
I"m trying to remember, I think the judgement came down in his personal name..
Could I sell my house to my own trust?
Great Q, this is going to be our QOTD for this week, 👉Make sure you join our email list so you don't miss any exclusive trainings, events or Questions of the DAY: aw8d9fb.aweb.page/p/6cca7548-b8c4-4a7e-a6b6-9cdc9b706c48
So let's say I set up two LLCs. One for the business and one for buying real estate. Then, if I use one of the properties for the business, wouldn't it be wise for the business to just rent the property and buildings from the real estate LLC? Would that protect the property. buildings and other assets in the lease if the business is sued?
Optionally, would it make more sense for the real estate property be in a Trust. Then, the Trust would lease the property, building and other equipment to the LLC? How about cars/trucks that are needed in the LLC?
Following
Can you put a house that you financed in a trust?
Yes. You would be protected by the Garn-St. Germain Depository Institutions Act. The bank can not accelerate the loan.
Does the trustee or beneficiary have any personal liability, legally/civilly, in regards to that property in the Trust?
Link to download to the land trust document does not work
Great information.
@kris haskins Great info..!! So with all of my current properties do I jus sell them to my trust..??
Well, I wouldn't call it a "sale' ur just transferring title. U can do that, but u have to do ur own research if it's worth it to you...
@@krishaskins I definitely think it’s worth it listening to the story scares me 😱
This is very interesting. Thanks for the information bro.
Kris, It's always a pleasure learning from you. Thanks for sharing :-)
Perfect timing. Thank you for this info
Kris, thanks for sharing your knowledge! If I may, what's the difference between a family trust and a land trust in regards to sheltering from liability?
Good question! I'm not an attorney so I'd recommend shooting that question there. Sorry about that...
Yo bro.....love what you do....how do you buy land in Africa?
Can putting the property in a Land Trust trigger the due on sale clause with the bank?
Yup and no speaks on that
No. Doing so would be protected by the Garn-St. Germain Depository Institutions Act. You are placing the asset in the trust for estate planning purposes. Therefore, the bank can not accelerate the loan.
@@saileastpropertymanagement134 Great! Thank you!
@@saileastpropertymanagement134 The Garn-St. Germain Depository Institutions Act. still applies as long as you still own at least 5% interest in the Trust allowing for great owner financing terms
New sub. Thanks. Can I use a dif. Llc. For each home? Thanks
you sure can, that's when your paperwork is going to turn into a tiger, and further keeping up w/ all the filings is going to be a beast... Let me know how that looks in your business as things just get too high in numbers for us to do that...
@@krishaskins Depends on where your LLCs are organized. Some states do not require annual fillings. Remember, land trusts give you almost no asset protection. If you want to protect your assets you should use an LLC.
Cool editing. tHanks for the video "Got my eye on you"
Link to the realestate bible does not work
Majority of Lenders do not Lend to a trust so how’s that possible?
Great job
Can you wholesaling in a land trust
Absolutely and you should
Very Niccce Intro....🔥
Does anyone know if this works in Tennessee without triggering the franchise and excise tax?
Yeah but in your own name and gets sued by tenants. That's smart!
That’s great info but banks won’t lend on property that’s in an entity or a trust. They want you to close in your name.
Michael, "close in your name", or as I usually see it, requiring a member of the LLC to guarantee the debt.
LLC members are not personally liable for LLC debts, thus the banks will (more-likely-than-not) require an LLC member guarantee. I've seen on occasion that the bank will lend solely on the security of the real property, and agree not to pursue LLC members for the debt. But I've not seen that happen on single-family residential properties or even smaller-sized commercial properties. I've seen it on very large commercial real property ventures, i.e. senior living centers. Being personally liable for LLC debt provides a path to taking tax losses that come up in these projects. You need basis to take those tax losses, and LLC member liability for LLC debt provides that basis. There are other limitations on those losses (Passive Activity Loss rules), outside the scope of my post, but your post is very relevant.
That is not the case with the banks I do business with.
I wish you would get to the point & stop trying to ask questions
What a scam propstream is, just signed up all the listings are outdated no longer even for sale...smh..
Yea I noticed that too…It seems like it’s best to use the free sources unfortunately Zillow, redfin, trulia etc.
ok, how are you pulling skip tracing and property data as well?
Great content! Where can I get that shirt in a V neck?
is it better to wholesale through land trusts also?
If Land Trust own the property, and when it flips and generate profit, Colorado trust tax can be expensive. Is it still advisable ?
This trust is simply owning the house, it does not even get a text ID, it all flow through to ur tax ID
I thought if I list myself as a beneficiary ppl can still find me? Is this true?
No. A trust document is private. You do not have to file it with the state. Therefore, the public would not know who the beneficiary is because they do not have access to the trust documents. One of the main benefits of a trust is privacy.
@@saileastpropertymanagement134 Thanks!
@@saileastpropertymanagement134 Don't they have to be notorized ?
@@lifewithtashabae4846 I think that may vary from state to state. Most would at least require a witness or 2.
Can you put your second home in a land trust,if you live in it part time?The house is paid for,free and clear?
Look into a living trust.
Thanks for the advice, appreciate it.
@@saileastpropertymanagement134 Wouldn't it defeat the purpose of anonymity if it's held Title in a Living Trust? If you own a couple of properties and it's all under the Living Trust, that only helps avoid probate but doesn't hide you from what the people suing can see you own. I believe the point of using a Land Trust with a beneficiary of an LLC, helps to obtain that anonymity and asset protection. I think the hardest is how to get financed with the current high rates and market rents.
where can i purchase a shirt like yours. I LOVE IT
we're getting the store set up now, but here's a few shirts realestateroundup.myspreadshop.com/enjoy+real+estate+white+1-A630e454035c7c73e8085d107?productType=812&sellable=nOBaDYD2Yqhwr0xDp1V7-812-7&appearance=366 thnx for supporting...
Links do work if you copy and paste into Firefox.
All my properties are in my LLC. I have been sued twice. And my LLC kept the homes separate!!!
It sounds like the lawsuits were from an activity outside of your LLC. All of your homes are at risk if a tenant in one of them sues the LLC that holds your homes. You have all of your eggs in 1 basket. Most asset protection attorneys recommend having each property in a separate LLC. It's called asset segregation.
@@robertgarrett3343 yes they are separate. Sorry that’s what I meant to say. Both lawsuits were not involving the properties.
If the seller has equity, how can we secure in a subject-to deal with a land trust? Would we put the seller as the lender to the Land Trust in 2nd position? Thanks for the education Kris!
You can also have an LLC as the Trustee that you control, the LLC needs to be registered in an state that doesn’t disclose your personal information. Love Land Trusts but sometimes I prefer LLCs.
I own a few buildings they each are their own LLCs.
How can you change an existing LLC to Land Trust?
Great question, I think we'll use this as a question of the day. Good point here
You can't. You would first form a trust, then transfer the asset out of the LLC and title the asset in the name of the trust.
Great content! But the constant camera moving is making me dizzy
If the property is owned by the llc which if you start an llc you should transfer ur property to the llc then it’s the same. You own the llc not the property and they can’t go at your personal assets which you should be paying yourself all the profit from the property. You can loose the house in a lawsuit but you as an llc can file bankruptcy and not pay anything as well as walking away with the profit in your personal name and starting a new llc. …. I still don’t get the benefit of a trust over an llc
Good information, but I was taught differently from the start of your LLC that should never be in your personal name but in a trust which owns 100% of the LLC. As you know, you're just trying to CYA.
Wow, that's pretty cool, I didn't think not that one... can u tell us who's teaching it that way??? I like that one
👀
You can actually put each individual house into it's own LLC, the individual LLC's are owned by a holding company. LLC's are pass through, profits, losses pass to the holding, the holding is a S-Corp, the S-Corp is owned by the Trust.
Multiple levels of privacy and security. And just like using the trust for taxes, if you sell the house, you dissolve that particular LLC.
BTW, in the video he talks about trusts for privacy. This is easy. My WY LLC owns my ID LLC and my WY LLC is owned by my Trust. No one can find who owns any of these.
CreditMasters that's what my real estate attorney told me to do
@@OffroadTreks, thanks for sharing and pardon my ignorance but, is your WY holdings owned by a Land Trust or a Living Trust?
Well put Kris thanks again! Just submitted a question to you as I went to download the worksheet. Hope to hear from you. Have a blessed 4th quarter.
WOW....thought you were protected using a LLC?
Same same thought it was me and was bout to double double back.
How many properties do you want under a TRUST, or should it be one at a time ?
We usually only do 1 per house
@@krishaskins Ok, thanks Kris.
@@krishaskins hi Kris - how do we create this land trust and how can we get financing in the land trust entity name?
Can't you just put each individual property in its own LLC?
you sure can, that's when your paperwork is going to turn into a tiger, and further keeping up w/ all the filings is going to be a beast... Let me know how that looks in your business as things just get too high in numbers for us to do that...
@@krishaskins Are you suggesting that an investor keep their properties in land trusts only?
@@krishaskins I've heard to do that and direct all income and expenses through an S Corp. You pay your CPA/etc to handle the filings/paperwork. Would it work then?
Too much junk ad breaking the flow. Can’t keep watching
If someone sues because they slipped on your property and was hurt who do they sue?
The property owner and everyone else that the court will allow.
Issue I've had which isnt a huge deal is Title Companies when they don't know what they are doing and you sell a flip they tell you they can only send profits to Trustee cuz ofcourse they don't know who beneficiary is. Also, most mortgage lenders I ask about getting a refinance on my properties in a trust have no clue either.
Yes, we have run into both issues and I have to say, it can be a real pain. I think this is a good question of the day for tomorrow. We have finally figured out a way to get our check when the title co. does NOT want to pay the beneficiary. And yes, most title co's have NO clue what's going on... and lenders, they don't understand either. We'll answer both questions this week. Thnx for your participation...
Why should I trust your advice if you’ve never read your agreement/trust?
Seems like you’re marketing to a crowd you’d like to keep ignorant.
Interested in using a trust but skeptical of you
2007 to 2010 ? I mean don't we all know why it took 3 years to deploy it 🙄
Being honest, I'm just not that smart... true answer
u can't sue the trust but you can sue the trustee ....
So make the trustee an LLC.
Dude you don’t know what your talking about
OK, plase drop some knowledge on us, I'd love to learn?
So in other words I should not own a house under my name because some A hole could sue me for the most frivolous of frivolous lawsuits "slip and fall" and lose the title to my home?!?!
Look into a living trust, not a land trust.
isn't that what homeowners insurance is for?
@@saileastpropertymanagement134 why a living trust versus the land trust?
It's not to protect from liability. It's for anonymity to hide your assets. They will only go after you, not all your property.
This video does not explain well or at all why the Land Trust is worth all the extra expense and rigmarole. LLC can own the property as well. A lot of attorneys get paid better with the use of a Trust. Could be better, but not the best solution for EVERY property owner- depends on portfolio size and net worth etc.
learned absolutely nothing thank u
No context. Come on man.