How to Register an LLC for Real Estate


Limited liability companies (LLCs) are popular entities for small businesses and real estate investors. They offer similar benefits to corporations but are easier to set up, maintain and dissolve than a corporation. In addition, an LLC can be more flexible than a partnership because each member has his or her own share of the business assets and profits.

What is a Limited Liability Company (LLC)?

Like corporations, LLCs have separate legal entities from their owners and keep their owners from being personally liable for the debts of the company. However, unlike corporations, LLCs are not required to have annual meetings or issue stock certificates to investors. The downside of this flexibility is that you might pay more in taxes than if you had set up an S-Corporation instead.

Why Form an LLC

Here are four reasons:

  • Limited liability protection. If you’re a sole proprietor or general partner in a business, your personal assets are at risk if the company is sued. An LLC, however, provides limited liability protection for owners.
  • Tax advantages. If you’re operating as an S Corporation and using it to make passive income on the side of your main job, the IRS will consider that money as being distributed to investors in the form of dividends and not as profits from self-employment. This means that most tax deductions can be claimed on Schedule C instead of Schedule SE (self-employment tax). Additionally, all earnings pass through directly to you without being taxed at corporate rates; thusly reducing your tax burden by removing this cost from operating expenses which then decreases net profit after taxes owed by paying yourself via dividends rather than salary payments each year rather than every paycheck—which is taxed like regular income upfront before any deductions apply so these savings will affect both sides simultaneously!

Steps to Form an LLC in California

  • Prepare and file the articles of organization with the secretary of state.
  • Appoint a registered agent for your LLC.
  • Create an LLC operating agreement, if you don’t already have one. You can create an operating agreement yourself or hire an attorney to help you through this process.
  • Open a business bank account, which will become your official depository for all LLC funds and assets as well as your primary form of payment.

Step 1: Choose a Name for Your LLC

The name of your LLC should be unique and easy to remember. It shouldn’t be too long or complicated, or else it will be difficult for others to remember when they meet you in person, search for you on Google, or ask about your business by phone or email.

When choosing a name for an entity such as an LLC or corporation, you must be careful not to choose one that is too similar to another entity’s name if they have already been registered with the government agency that regulates entities like yours.

Step 2: Appoint a Registered Agent for Your CA LLC

The registered agent serves as the corporation’s designated representative and is responsible for receiving legal services of process if a lawsuit is initiated against the company. If you don’t have a registered agent, the Secretary of State will serve as the default agent.

A person or entity must be willing and able to accept the service of legal documents on behalf of your limited liability company (LLC). You can appoint anyone over 18 years old who lives in California as your corporation’s registered agent. The individual or company must have an active business address in California where any official communications can be sent by mail, which includes any lawsuit documents that may come your way.

Step 3: File Articles of Organization with the California SOS

Once you are ready to register your LLC in real estate, you should file the Articles of Organization with the California Secretary of State. You must file these forms with the SOS within 90 days of forming your business. This form includes:

  • The name of your new company
  • The address where it will be located
  • Details about who owns/controls it and any other relevant parties involved in making decisions for the firm.

You can also choose to elect an alternate tax status when filing this document with the SOS; this will determine how much tax is paid on income generated by your business. You may choose this option if you run into trouble meeting certain requirements related to ownership or control later on down the line; however, most states require all businesses that operate within their borders to pay taxes annually regardless of their classification as an S Corporation or C Corporation. After completing all required forms for setting up an LLC in real estate ownership, submit them via postal mail or online through our secure portal at no cost!

Step 4: Create an LLC Operating Agreement

An operating agreement can be as simple or as complicated as you want it to be, but at the very least it should contain:

  • A statement that states that each member contributes money or capital to the business and owns one or more shares in proportion to their contribution;
  • Provisions stating how much capital each member contributes;
  • Provisions stating what percentage share each member owns;
  • Provisions setting out when profits are distributed and how much profit each member receives;

Step 5: Apply for an EIN

This is a nine-digit number that identifies your business to the IRS. The EIN can be applied online, by phone, or through the mail. Simply head over to the IRS website and fill out and have your LLC’s name ready. Once you receive the EIN, write it down in your records because you’ll need it when you register with your state and potentially other jurisdictions later on.

Step 6: Open a Business Bank Account

It’s important to have a separate business bank account for your LLC so that you can keep track of any money coming in and going out. You’ll also want to make sure that your bank has good customer service because you’re going to be dealing with them regularly.

You can create a structure that will help with your real estate investments

One of the most common reasons for using an LLC is to protect personal assets in case of a lawsuit. If you own real estate or other investments, an LLC can help protect your business from liability related to these assets.

The LLC structure also provides protection for your intellectual property assets such as patents and copyrights. This is especially important if you are planning on developing and selling products based on these assets.


Now that you know how to register an LLC in real estate, it’s time to put this information into action. If you need help with your real estate investments and would like more information on how to form an LLC, contact us today!



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