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Creating a separate entity to hold commercial real estate

On Behalf of | Mar 26, 2024 | Real Estate

When considering investing in commercial real estate, the structure of your investment is a noteworthy concern. You need a solution that maximizes protection and flexibility.

One effective strategy is to establish a separate legal entity to hold your commercial properties. Understanding this approach can make it clear why it is advantageous and how you can go about it.

Protecting your assets

By setting up a distinct entity to own your commercial real estate, you create a legal barrier between your personal assets and any liabilities associated with the property. You can achieve this by creating an LLC or corporation in your business’s name. In the event of a lawsuit or debt obligations, your personal assets, such as your home or savings, have protection from potential claims.

Enhancing credibility

Operating your commercial real estate investments through a separate entity can also boost your credibility as a business owner. Prospective tenants and business partners may perceive your venture as more professional and reliable when it exists under a formal entity. This can lead to better opportunities for leasing and partnerships in the long run.

Facilitating succession planning

Another advantage of establishing a separate entity for your commercial properties is the ease of succession planning. Whether you plan to pass down your real estate holdings to family members or sell them in the future, having a structured entity in place simplifies the transfer process. It allows for smoother transitions while minimizing tax implications and legal complications.

How to set up a separate entity

Setting up a separate entity for your commercial real estate holdings involves several steps. Start by choosing the most suitable entity structure based on your liability protection, taxation and management preferences. Next, register the entity with state authorities and make sure to comply with any filing requirements.

Once your entity is in place, you can transfer ownership of your commercial properties into its name. From that point on, ensure that all transactions and operations occur through the entity. Maintain proper records and adhere to all legal and regulatory obligations to preserve the benefits of the separate entity structure.

Commercial properties come in many forms, from industrial buildings to retail storefronts. If you are purchasing such a property for the sake of your business, it is important to recognize legal issues you might encounter in the future. Creating a separate entity can protect you from liability risks that may arise in the course of running your enterprise.

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