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New Jersey Business Lawyer | Business Formation | LLC  Limited Liability Company | IRS Tax | Business Purchase | LLC Lawyer
Some People Overpay the Government...But Certainly Not our clients!
Ronald J. Cappuccio, J.D., LL.M. (Tax)
Counsellor at Law
1800 Chapel Avenue West, Suite 128
Cherry Hill, New Jersey 08002 US
(856) 665-2121   Fax (856) 665-9005
Email: Ron@TaxEsq.Com

Should  Real Estate be Acquired using a Limited Liability Company?

Benefits to an LLC for Real Estate Acquisitions:

1)       Asset protection – if people slip and fall on property, they sue the LLC, not the individual owners.

2)       If person dies in another state, the LLC avoids an ancillary probate in the State where the property is located.

3)       Owners can gift a few shares of the LLC to their children without redoing the deed each time.

4)       Discounted gifts can be made to children, thereby leveraging the gifts.

5)       The owners can slowly give value of the asset away and maintain control.

6)       Owners may not need as much liability insurance because LLC provides limited liability.  Still need some to avoid doctrine known as piercing the corporate veil.


Negative aspects to an LLC in Real Estate Acquisitions:

1)       Transferring property to an LLC will void the title insurance

2)       If the property has a mortgage it will trigger a large real estate transfer fee.

3)       In theory, if there was a mortgage the lender could call the loan. This could happen if interest rates significantly increase.

4)       When adding family members to LLC, it will trigger the need for a 1065 tax return – i.e. more accounting fees.

5)       There is an annual fee for an LLC.


LLC Lawyer LLC Attorney

If there is any principle of the Constitution that more imperatively calls for attachment than any other, it is the principle of free thought—not free thought for those who agree with us, but freedom for the thought that we hate. . . . We should be eternally vigilant against attempts to check the expressions of opinions that we loathe. Supreme Court Justice Oliver Wendell Holmes

Helping Small and Emerging Businesses become more profitable!

LLC's are the Best for New Businesses

A Limited Liability Company has the tax advantages of a sole proprietorship (or partnership for two or more members)  and liability protection similar to a corporation.  

LLC's also have the flexibility of a partnership for the owners of the business. Unlike an S Corporation which can only have one type of stock, limited liability companies have the option to have a variety of voting rights, and splits of income, losses and profits.

You need an experienced LLC Lawyer to set-up your business. Do not fall for on line scams that promise to form a limited liability company cheaply.  Sometimes, a LLC is NOT the right entity. Other times, it may need to be formed in a different state. The best way to address your needs is at an initial conference (either in person or on the telephone.) At the conference we will discuss:

  • business location
  • financing strategies
  • operating agreement and LLC Members
  • tax law considerations
  • accounting and business record systems
  • accounts receivable

Ronald J. Cappuccio, J.D., LL.M.(Tax)
, a LLC Lawyer and Business and Tax Attorney.  We can help you start a Limited Liability Company ( LLC ) which can be the best form of business organization, as well as establish Corporations, S Corporations, Partnerships, Limited Partnerships and Non-Profit organizations. We also can represent you in Buying and Selling a business. helping emphasizing Personal and Business IRS Tax Negotiation,
Offers In Compromise, and Installment Agreements. Zealous representation in Tax Audits, Delinquent Tax, and Tax Collections Issues. Experience fighting Employee and Independent Contractor issues, Payroll Taxes, Tax Liens,and Tax and Labor Audits. Successfully handle Wage Levy Release, Bank Levies and Seizures.  NJ Tax Court, US Tax and US Court of Federal Claims representation. 
We also can represent you in Buying and Selling a business.