Real estate LLC: What it is and how to set one up in 8 steps

Kayla Moss Headshot
Kayla Moses
October 13, 2025
Signing a home contract
If you’re thinking about investing in real estate, you might be considering forming a real estate LLC. A property investment company with this structure could help you diversify your portfolio with tax benefits and asset protections. 
A limited liability company (LLC) is a private, limited company made up of individual members who have the advantage of personal liability protections, tax benefits and adaptable management options. A real estate LLC will have pros and cons, so let’s explore all of them below. 

What is an LLC in real estate?

An LLC formed for real estate, also called a real estate holding company, is an entity created to purchase, own and manage property. A single LLC can own one property or several. Just like any other LLC, a real estate LLC affords benefits like tax advantages and protections for individuals, guarding members against any personal risk attributed to the property. The property is managed through the LLC’s separate bank account and tax ID. How does an LLC work? Say you’re renting out an investment property, and the tenant files a lawsuit because a pipe broke and damaged their furniture. If your LLC owns the rental home, there’s a buffer between your assets and what’s at risk. If you personally own the property, your own assets are up for grabs — including your primary residence. Pacaso provides the safety and ease of co-ownership through a professionally managed LLC, so you get the benefits of a real estate LLC while skipping the paperwork and risk of managing a property independently. As the manager of your home’s LLC, Pacaso will assume financial responsibility if an owner defaults on payments, which means each individual owner is protected. This is one of the benefits of our ownership program.

What are the pros and cons of real estate LLCs?

Real estate LLCs have been around for years because of the benefits they bring to buyers. Investment in property through a real estate LLC provides the protection of an outside entity — you can buy and sell property with the assurance of avoiding significant personal liability. And yet there are both pros and cons of real estate LLCs — let’s look at the main ones.

The benefits of an LLC for real estate

Starting a real estate LLC can provide you with some serious benefits, protections and flexibility. Here’s an overview:
  • Personal asset protection: The main benefit of a property LLC is that owners take on less risk. Owners carry limited personal liability for any business debts they might incur. This means that their personal assets (like a car, home and bank accounts) are protected should the business owe debts or get into a lawsuit.
  • Tax advantages: All the profits go straight to the LLC owners. Owners report their earnings share on their individual tax return. Profits are only taxed once, unlike corporations, which are taxed twice on their earnings. This is called pass-through taxation.
  • Ownership and management flexibility: LLCs are made up of members, also called owners. There is no limit to the number of owners an LLC can have. You can also form an LLC of just one member — a “single-member LLC.” Membership is flexible: individuals, estates, partnerships and organizations can all join LLCs as owners.
  • Credibility: A big pro of creating a real estate LLC is credibility. With LLC property ownership, you can appear more credible to clients, partners and lenders. 
  • Privacy: When property ownership is listed under the business name rather than your own, you’re granted additional privacy. 
  • Easier transfer of ownership: When creating an LLC for real estate, you can easily reassign members and transfer ownership without updating the property's title. 
  • Location: You can file a real estate LLC in the state that most benefits you. It doesn’t necessarily have to be where your investment property resides or where you live. 

Potential real estate LLC drawbacks to consider

Despite all its pros, there are also some disadvantages of an LLC for a rental property. Here’s what to be aware of:
  • Higher startup costs: Though fees vary by state, the costs involved in forming a real estate LLC can be high. You’ll have to pay initial filing fees ranging from $50 to $500 on top of annual fees.
  • Mortgage challenges: It can be harder to obtain a mortgage through an LLC. Lenders may hesitate to lend to an LLC because of the limited personal liability, and interest rates can be higher. 
  • Higher property taxes: It’s possible that after forming an LLC and moving your property into it, you could encounter higher property taxes. It depends on how different your area treats property taxes for LLCs vs. individually owned properties.
  • “Due-on-sale” clause: If you put your property into an LLC and already have a mortgage, you may violate this clause, causing the mortgage holder to demand full repayment immediately. However, you may be able to ask the lender to waive the clause.
  • Legal and tax implications: Real estate LLCs have to comply with complex legal and tax filing requirements. And if legal problems come up, you may not be completely immune from personal liability. 
  • Higher insurance premiums: You may find that insurance is more expensive for a real estate LLC property than if you owned it individually.

How to start a real estate LLC in 9 steps

So, how do you start a real estate investment company? We’ll walk you through each basic step.

1. Pick a business name

Decide on a distinct, unique name for your LLC. Do some research on your state’s business name directory and make sure yours is unique. Also, if you create a website for your business, make sure the domain name is available. 

2. Register with the state

Next, you’ll need to register with your state’s relevant agency, which will involve paperwork and fees. You’ll also need a registered or statutory agent — someone you designate to be available during regular business hours to conduct business in the state. 

3. File the articles of organization

When you register with your state, you’ll file the articles of organization for your LLC. This is a legal document that overviews your business. You must fill out the articles of organization, which include your business name, starting date, business address and all members of the LLC. 

4. Create an operating agreement

An LLC operating agreement outlines the real estate LLC structure, ownership details and decision-making processes within the LLC. It can include each member’s LLC roles and responsibilities, how profits will be distributed, how members can leave or transfer their memberships to others and how your LLC might admit new members. 

5. Get an Employer Identification Number (EIN)

An Employer Identification Number (EIN) serves as a Social Security number for an LLC, and it’s crucial for tax purposes. You will need to get an EIN to file taxes and open a business bank account. Apply for an EIN online through the IRS.

6. Open a business bank account

Open a business bank account to keep business finances separate from your personal finances. Along with maintaining limited liability protections, a business bank account will help you keep clear records of your business’s finances.

7. Transfer property title to the LLC

Legally transfer the property title from your name to the new LLC’s name. This will make sure that the legal liability protection is activated and the LLC is the legal owner of the property.

8. Get proper insurance

Once you’ve transferred the property title, you’ll need to update your insurance. You may need a commercial insurance policy to protect the real estate LLC against potential lawsuits. 

9. Maintain compliance

After setting up a real estate LLC, it’s important to maintain compliance with your state’s regulations. Keep detailed records, renew required permits and licenses and file the necessary annual reports. Your state’s government website can keep you updated on maintaining compliance.

Real estate LLC FAQ

01: What is the best state to form an LLC for real estate?

Wyoming, Nevada, and Delaware are some of the best states to form a real estate investment LLC because they don’t require state corporate income tax. Other states, like Texas and Arizona, don’t require annual fees to renew your LLC, making them favorable too.

02: What type of ownership is an LLC?

An LLC is a business structure that separates personal assets from business assets, giving its owners liability protection. Requirements for LLCs vary by state. This differs from other types of real estate ownership, such as sole ownership and joint tenancy.

03: Are LLCs private or public companies

LLCs are private limited companies. A group of members owns the LLC, and usually the opportunities for outside investors are limited.

04: Why do people put their property under an LLC?

LLCs are one of the most preferred business structures because they combine the protections of a corporation with the flexibility of a smaller business. LLC members enjoy limited liability for their personal assets, options when filing taxes and the freedom to manage their business as they choose.

05: How are LLCs structured and managed?

One person or several people can own LLCs, and they are called “owners.” If an LLC is owned by multiple people, it’s called a multi-member LLC

Alternatively, LLCs owned by a single person are called single-member LLCs. Owners of a multi-member LLC can manage themselves as a group or establish a single manager to govern. These two structures are called “member-managed” and “manager-managed,” respectively.

06: How are LLCs taxed?

LLCs don’t pay business taxes. Instead, they have a pass-through structure. This means that taxes are sent to the members to report profits on their individual tax returns. Owners are responsible for normal income tax and self-employment taxes.

07: How are LLCs different from corporations and sole proprietorships?

Corporations are double-taxed, while LLCs are taxed like sole proprietorships. LLCs are also much easier to form and are subject to less regulation. Another key difference between the two is that LLCs provide personal asset protection unavailable to corporations. ​​

Sole proprietorships, by contrast, are completely tied to an individual — as a sole proprietor, you’re personally liable for any debts your business might incur.

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