Owning real estate can be structured either under a limited liability company (LLC) or as personal property. Holding title under an LLC creates a separate legal entity for the asset, distinct from the individual owner. Conversely, personal ownership means the individual directly holds title to the property. For example, a rental property might be owned by “John Smith” personally, or by “Smith Properties LLC,” where John Smith is the LLC member.
The choice between these ownership structures has significant implications for liability, taxation, and estate planning. Historically, personal ownership was the predominant method. However, the rise of LLCs has offered individuals and families enhanced asset protection and potential tax advantages. Shielding personal assets from potential liabilities associated with property ownership, such as lawsuits or debts, has become a driving factor in choosing the LLC structure. Additionally, LLCs offer flexibility in how profits and losses are allocated among members, potentially optimizing tax strategies.