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		<title>Set up a foundation &#038; save taxes: tax benefits and asset protection</title>
		<link>https://lukinski.com/establish-a-foundation-save-taxes-tax-advantages-and-asset-protection/</link>
		
		<dc:creator><![CDATA[L_kinski]]></dc:creator>
		<pubDate>Thu, 24 Aug 2023 14:05:03 +0000</pubDate>
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					<description><![CDATA[A family foundation is one of the most powerful tools for the long-term security of real estate assets – but also one of the most commonly misunderstood. It combines a corporate tax rate of only 15%, protection from creditors, and intergenerational asset binding. At the same time, you pay inheritance replacement tax every 30 years [&#8230;]]]></description>
										<content:encoded><![CDATA[<p>A <strong>family foundation</strong> is one of the most powerful tools for the long-term security of real estate assets – but also one of the most commonly misunderstood. It combines a corporate tax rate of only 15%, protection from creditors, and intergenerational asset binding. At the same time, you pay inheritance replacement tax every 30 years and must calculate the gift tax at establishment. This guide shows with concrete figures when a family foundation becomes worthwhile, where the tax traps lie, and how it compares to a real estate GmbH.</p>
<h2><span id="Familienstiftung_Ab_wann_lohnt_es_sich">Family Foundation: When does it really pay off?</span></h2>
<p>The family foundation is not a mass product. Founding and ongoing costs as well as structural complexity only make sense from a critical asset size.</p>
<ul>
<li><strong>Rule of thumb equity:</strong> From about 1 million euros of free assets or from a real estate portfolio with a sustainable cash flow of 60,000–100,000 euros per year.</li>
<li><strong>Setup Costs:</strong> 15,000–40,000 € (notary, foundation charter, tax planning) – details under <a href="https://lukinski.com/family-foundation-costs-tax-benefits-advisors-experience-and-establishment/">Family Foundation Costs</a></li>
<li><strong>Ongoing Costs:</strong> 5,000–15,000 € per year (accounting, annual report, foundation supervision, board)</li>
<li><strong>Below this threshold:</strong> <a href="https://lukinski.com/immobilien-gmbh-german-real-estate-loophole-leasing-guide/">Real Estate GmbH</a> or <a href="https://lukinski.com/immobilien-gmbh-german-real-estate-loophole-leasing-guide/">asset management GmbH</a> are usually more efficient – overview of all <a href="https://lukinski.com/legal-forms-company-enterprise-real-estate-gbr-kg-gmbh-ag-co-comparison-advantages-and-taxes/">Legal Entities in Germany</a></li>
<li><strong>Time Horizon:</strong> A foundation is only worthwhile if it is bound over two generations (50+ years)</li>
</ul>
<h3><span id="Uberblick_Das_lernen_Sie_im_Ratgeber">Overview: What you will learn in this guide</span></h3>
<p>The central tax effects of a <a href="https://lukinski.com/familienstiftungen-explained-german-real-estate-how-tax-tricks-guide/">family foundation establishment</a> at a glance.</p>
<table>
<thead>
<tr>
<th>Tax Topic</th>
<th>Key Message</th>
</tr>
</thead>
<tbody>
<tr>
<td>Corporate tax on rents</td>
<td>Only 15 % instead of up to 45 % income tax in private assets</td>
</tr>
<tr>
<td>Trade tax</td>
<td>For purely asset-managing foundations: 0 € (extended reduction possible)</td>
</tr>
<tr>
<td>Gift tax upon establishment</td>
<td>Tax class privilege under § 15 para. 2 Inheritance Tax Act – usually class I, exemption up to 400,000 €</td>
</tr>
<tr>
<td>Succession tax</td>
<td>Every 30 years, simulated inheritance case with exemption of 800,000 € (doublable)</td>
</tr>
<tr>
<td>Sale profits on real estate</td>
<td>Tax-free after 10-year speculation period (§ 23 Income Tax Act analog)</td>
</tr>
<tr>
<td>Distributions to beneficiaries</td>
<td>25 % final tax + solidarity surcharge</td>
</tr>
<tr>
<td>Asset protection</td>
<td>After 4 years (§ 3 AnfG) or 10 years in case of intent protected from creditors</td>
</tr>
</tbody>
</table>
<p><a href="https://steuernsparen.one" target="_blank" rel="noopener"><img decoding="async" class="alignright" title="Founding a family foundation for real estate | Guide &amp; advice on tax savings One" src="https://lukinski.de/wp-content/uploads/2020/10/stiftung-familienstiftung-vermoegen-villa-stadtvilla-koeln-vorstadt-steuern-minimieren-optimieren-kauf-verkauf-mehrfamilienhaus-spekulationsfrist-10-jahre-tipps-hilfe.jpg" width="139" height="71" /></a>Tip! <a href="https://steuernsparen.one" target="_blank" rel="noopener">Family foundation</a> from A–Z with insider tax tips on <a href="https://steuernsparen.one" target="_blank" rel="noopener">Tax Savings One</a>.</p>
<h2><span id="Rechenbeispiel">Calculation example: Family foundation vs. private assets vs. GmbH</span></h2>
<p>An investor owns an apartment building with the following key figures:</p>
<ul>
<li>Market value: 2,000,000 €</li>
<li>Annual net cold rent: 90,000 €</li>
<li>Depreciation &amp; advertising costs: 30,000 €</li>
<li>Taxable profit: 60,000 € per year</li>
<li>Personal marginal tax rate of the investor: 42 %</li>
</ul>
<h3><span id="Vergleich_Steuerlast">Tax burden per year in comparison</span></h3>
<table>
<thead>
<tr>
<th>Position</th>
<th>Private Wealth</th>
<th>Asset Management GmbH</th>
<th>Family Foundation</th>
</tr>
</thead>
<tbody>
<tr>
<td>Taxable Profit</td>
<td>60,000 €</td>
<td>60,000 €</td>
<td>60,000 €</td>
</tr>
<tr>
<td>Tax Rate</td>
<td>42 % Income Tax + Solidarity Surcharge</td>
<td>15.8 % Corporation Tax + possibly Dividend Tax</td>
<td>15.8 % Corporation Tax</td>
</tr>
<tr>
<td>Trade Tax</td>
<td>—</td>
<td>0 € (reduced deduction)</td>
<td>0 €</td>
</tr>
<tr>
<td>Tax per year</td>
<td>approx. 26,600 €</td>
<td>approx. 9,450 €</td>
<td>approx. 9,450 €</td>
</tr>
<tr>
<td>Net per year</td>
<td>33,400 €</td>
<td>50,550 €</td>
<td>50,550 €</td>
</tr>
<tr>
<td>Tax savings vs. Private</td>
<td>—</td>
<td>+17,150 €</td>
<td>+17,150 €</td>
</tr>
</tbody>
</table>
<p>Over 30 years, this results in a liquidity advantage of approximately 515,000 € compared to private wealth. The family foundation, however, deducts the <strong>Succession Tax</strong> from this amount (see below).</p>
<h2><span id="Steuervorteile_nutzen_Wie_Sie_von_einer_Familienstiftung_profitieren_konnen">The five central tax advantages of the family foundation</span></h2>
<h3><span id="1_Korperschaftssteuer">1. Only 15 % Corporation Tax on rental income</span></h3>
<p>Once real estate is held within the foundation, the rental income is no longer subject to income tax (up to 45% + solidarity surcharge + possibly church tax), but to corporate tax of 15% plus solidarity surcharge – effectively 15.825%.</p>
<blockquote><p>Rental income in the family foundation is taxed at only 15.825% – instead of up to 47.475% in private assets.</p></blockquote>
<h3><span id="2_Gewerbesteuerbefreiung">2. Exemption from Trade Tax through Extended Deduction</span></h3>
<p>As long as the foundation exclusively manages its own real estate (no trade, no commercial character), the <strong>extended trade tax deduction</strong> under § 9 No. 1 Sentence 2 of the Trade Tax Act applies. Effect: 0 € trade tax despite the formal commercial nature of the foundation.</p>
<p><strong>Insider Alert:</strong> Photovoltaics, holiday rentals with hotel characteristics, or subletting of business equipment can overturn the extended deduction – then suddenly 14–17% trade tax may apply to the entire profit.</p>
<h3><span id="3_Spekulationsfrist">3. 10-Year Speculation Period Also in the Foundation</span></h3>
<p>Dispositional gains from real estate are tax-free in the family foundation &#8211; unlike in the GmbH &#8211; after the ten-year speculation period has expired. The foundation thus combines the advantage of low ongoing taxation (KSt) with the privilege of private assets upon exit. More information can be found in the <hiddenlink href="https://lukinski.de/spekulationssteuer/">speculation tax calculator</hiddenlink>.</p>
<h3><span id="4_Ausschuettungen">4. Low taxation of distributions to beneficiaries</span></h3>
<p>Contributions to the beneficiaries (beneficiaries) are subject to the final tax of 25% plus solidarity surcharge &#8211; thus 26.375%. As a result, the total burden (KSt + final tax) is also lower than the top tax rate in private assets, even with full withdrawal.</p>
<h3><span id="5_Wegzugsbesteuerung">5. Protection against exit taxation</span></h3>
<p>If the founder plans to move abroad (Switzerland, Dubai, Portugal, etc.), the exit tax under § 6 AStG applies to the private assets or shares in a GmbH – a fictitious disposal with full tax liability on silent reserves. The family foundation, as a legally capable owner, remains in the country and does not trigger this tax. For large assets, this can result in savings potential in the seven-figure range.</p>
<h2><span id="Schenkungsteuer">Gift tax upon establishment: The tax class privilege</span></h2>
<p>Contrary to common claims, the transfer of assets into a family foundation is <strong>not</strong> exempt from gift tax. However, the <strong>tax class privilege</strong> under § 15 Paragraph 2 Sentence 1 of the Inheritance Tax Act applies: The decisive factor is the family relationship to the most distant beneficiary of the foundation.</p>
<h3><span id="Schenkungsteuer_Klassen">Tax classes and exemptions</span></h3>
<p>REPEAT (Attempt 3). The previous attempt was faulty. The previous attempt has altered attribute values. URLs in href and src remain unchanged character for character.</p>
<table>
<thead>
<tr>
<th>Furthest Recipient</th>
<th>Tax Class</th>
<th>Exemption</th>
<th>Tax Rate</th>
</tr>
</thead>
<tbody>
<tr>
<td>Spouse</td>
<td>I</td>
<td>500.000 €</td>
<td>7–30 %</td>
</tr>
<tr>
<td>Children</td>
<td>I</td>
<td>400.000 €</td>
<td>7–30 %</td>
</tr>
<tr>
<td>Grandchildren</td>
<td>I</td>
<td>200.000 €</td>
<td>7–30 %</td>
</tr>
<tr>
<td>Siblings, Nieces, Nephews</td>
<td>II</td>
<td>20.000 €</td>
<td>15–43 %</td>
</tr>
<tr>
<td>Non-relatives</td>
<td>III</td>
<td>20.000 €</td>
<td>30–50 %</td>
</tr>
</tbody>
</table>
<p><strong>Design Tip:</strong> The foundation&#8217;s bylaws should consciously limit the beneficiaries to close family members to ensure Tax Class I. Whoever includes &#8220;all descendants as well as their spouses&#8221; runs the risk of costly errors.</p>
<h2><span id="Erbersatzsteuer">Inheritance Replacement Tax: The Price of Eternity</span></h2>
<p>Since a foundation does not die, the legislature simulates an inheritance case every 30 years – the <strong>Inheritance Replacement Tax</strong> according to § 1 Abs. 1 No. 4 InhStG.</p>
<h3><span id="Erbersatzsteuer_Berechnung">Calculation and Exemptions</span></h3>
<ul>
<li><strong>Basis for calculation:</strong> Foundation assets minus two tax-free allowances of 400,000 € each (total 800,000 €)</li>
<li><strong>Tax class:</strong> Class I (hypothetically: two children as heirs)</li>
<li><strong>Tax rate:</strong> 7–30 % depending on the amount of assets</li>
<li><strong>Deferral:</strong> With real estate assets, the tax can be spread over up to 30 years (§ 24 Inheritance Tax Act)</li>
</ul>
<h3><span id="Rechenbeispiel_Erbersatzsteuer">Calculation Example Inheritance Replacement Tax</span></h3>
<p>Foundation assets after 30 years: 5,000,000 €</p>
<ul>
<li>Minus tax-free allowance: 800,000 €</li>
<li>Taxable value: 4,200,000 €</li>
<li>Tax rate Class I: 19 %</li>
<li><strong>Inheritance replacement tax: approx. 798,000 €</strong></li>
<li>With deferral over 30 years: approx. 26,600 € per year</li>
</ul>
<p><strong>Liquidity trap:</strong> Pure real estate foundations without cash reserves get into difficulty every 30 years. Those planning for the long term should build up a liquidity reserve early on or use the deferral option.</p>
<h2><span id="Immobilienubertragung">Transferring real estate to the foundation: What you need to know</span></h2>
<p>The transfer of existing real estate into a family foundation is legally and taxatively demanding.</p>
<h3><span id="Spekulationsfrist_Uebertragung">Attention: Speculation period when contributing</span></h3>
<p>If a property from private assets is contributed to the foundation before the end of the 10-year period, this can be assessed as a disposal under § 23 EStG – with full speculation tax on the capital gain. A gratuitous transfer can help here, but must be carefully structured.</p>
<h3><span id="Grunderwerbsteuer">Land transfer tax upon transfer</span></h3>
<p>The transfer into the foundation generally triggers land transfer tax (3.5–6.5 % depending on the federal state). If the property is gifted to the foundation, the exemption under § 3 No. 2 GrEStG may apply – a prerequisite is a genuine gratuitous transfer.</p>
<h3><span id="Asset_Protection">Asset Protection: When does the protection apply?</span></h3>
<ul>
<li><strong>4 years after transfer (§ 3 AnfG):</strong> Protection against challenge by the foundation&#8217;s creditors</li>
<li><strong>10 years in case of intent (§ 3 Para. 1 AnfG):</strong> If there was an intent to disadvantage, the period is extended</li>
<li><strong>Voiding of Insolvency (§ 134 InsO):</strong> 4 years for unpaid services</li>
</ul>
<p><strong>Insider:</strong> Whoever founds the foundation only when things get tight has no protection. Asset Protection only works &#8220;in good times&#8221;.</p>
<h2><span id="Vergleich_Tabelle">Family Foundation vs. Real Estate GmbH: Which Structure Fits?</span></h2>
<table>
<thead>
<tr>
<th>Criterion</th>
<th>Family Foundation</th>
<th>Real Estate GmbH</th>
</tr>
</thead>
<tbody>
<tr>
<td>Minimum meaningful assets</td>
<td>from 1</p>
]]></content:encoded>
					
		
		
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		<item>
		<title>Legal forms USA (company / enterprise): LP, LLC, Corp., REIT &#038; Co. &#8211; comparison, advantages and taxes</title>
		<link>https://lukinski.com/legal-forms-usa-company-corporation-lp-llc-corp-reit-co-comparison-advantages-and-taxes/</link>
		
		<dc:creator><![CDATA[L_kinski]]></dc:creator>
		<pubDate>Tue, 15 Jun 2021 18:00:44 +0000</pubDate>
				<category><![CDATA[Finances]]></category>
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		<category><![CDATA[General Partnership]]></category>
		<category><![CDATA[Legal forms USA]]></category>
		<category><![CDATA[Ltd]]></category>
		<category><![CDATA[Nordend-Ost]]></category>
		<category><![CDATA[People's Bank]]></category>
		<category><![CDATA[Save Taxes]]></category>
		<category><![CDATA[Tips]]></category>
		<category><![CDATA[Tips Buy]]></category>
		<guid isPermaLink="false">https://lukinski.de/legal-forms-usa-company-corporation-lp-llc-corp-reit-co-comparison-advantages-and-taxes/</guid>

					<description><![CDATA[Legal forms USA &#8211; What types of company are there? If you want to set up your first US company, choosing the legal form is one of the first steps in the company formation process. Whether you want to set up a special real estate company or a start-up, we have summarized all types of [&#8230;]]]></description>
										<content:encoded><![CDATA[<p>Legal forms USA &#8211; What types of company are there? If you want to set up your first US company, choosing the legal form is one of the first steps in the company formation process. Whether you want to set up a special real estate company or a start-up, we have summarized all types of companies in the USA for you here &#8211; with extra tips for real estate investments, of course. But be careful: The legal forms in the USA differ from the <a href="https://lukinski.com/legal-forms-company-enterprise-real-estate-gbr-kg-gmbh-ag-co-comparison-advantages-and-taxes/" data-type="post" data-id="39941" data-origin="de" data-origin-url="https://lukinski.de/rechtsformen-firma-unternehmen-immobilien-gbr-kg-gmbh-ag-co-vergleich-vorteile-steuern/">legal forms in Germany</a>. In this list of companies you will find explanations, advantages, disadvantages, costs and the process, including checklists and requirements, for each type of company. All legal forms in one list! Your first company? Learn how to <a href="https://lukinski.com/founding-a-company-real-estate-procedure-costs-requirements-legal-forms-7-step-checklist/" data-type="post" data-id="45259" data-origin="de" data-origin-url="https://lukinski.de/firma-gruenden-immobilien-ablauf-kosten-voraussetzungen-rechtsformen-schritte-checkliste/">set up a company</a> here.</p>
<h2>Real estate company: Founding a company</h2>
<p>Do you want to <a href="https://lukinski.com/buying-real-estate-apartment-house-villa-apartment-building-process-costs-and-tips/" data-type="post" data-id="45388" data-origin="de" data-origin-url="https://lukinski.de/immobilie-kaufen-wohnung-haus-villa-mehrfamilienhaus-ablauf-kosten-tipps/">buy</a> and <a href="https://lukinski.com/apartment-house-rent-property-tax-advice/" data-type="post" data-id="29941" data-origin="de" data-origin-url="https://lukinski.de/wohnung-haus-vermieten-was-ist-zu-beachten-immobilie-steuer-ratgeber/">rent out</a> your <a href="https://lukinski.com/buying-real-estate-apartment-house-villa-apartment-building-process-costs-and-tips/" data-type="post" data-id="45388" data-origin="de" data-origin-url="https://lukinski.de/immobilie-kaufen-wohnung-haus-villa-mehrfamilienhaus-ablauf-kosten-tipps/">first property</a>? You have <a href="https://lukinski.com/inherited-parental-home-sell-rent-or-use-yourself/" data-type="post" data-id="43724" data-origin="de" data-origin-url="https://lukinski.de/elternhaus-geerbt-verkaufen-vermieten-selber-nutzen/">inherited</a> a property and now want to work in real estate management, property management and other related areas yourself, or even more, you want to become a real estate investor yourself? Then the big question is, which company is the right one? What is the first step?</p>
<p>Basically, you have many different possibilities and options as to how you can set up your business for the future. To give you an initial overview, we have written this guide to the different types of companies for you. Here you will learn about the different options you have as a founder in the USA. Definitions, start-up tips, advantages, disadvantages and taxes. Everything you need to make a good decision.</p>
<h2>Legal forms USA &#8211; Overview</h2>
<ul>
<li><a href="https://lukinski.com/llc-formation-advantages-disadvantages-taxes-usa/" data-type="post" data-id="341967" data-origin="de" data-origin-url="/?p=341749">LLC</a> (cf. GmbH)</li>
<li><a href="https://lukinski.com/partnership-usa-general-limited-limited-liability/" data-type="post" data-id="341983" data-origin="de" data-origin-url="/?p=341752">Limited</a> partnership (cf. limited partnership)</li>
<li><a href="https://lukinski.com/partnership-usa-general-limited-limited-liability/" data-type="post" data-id="341983" data-origin="de" data-origin-url="/?p=341752">General partnership</a> (cf. general partnership)</li>
<li><a href="https://lukinski.com/real-estate-limited-partnership-usa-formation-advantages-disadvantages-taxes/" data-type="post" data-origin="de" data-origin-url="/?p=341753" data-id="342007">Real Estate Limited Partnership</a> (cf. Immobilien-KG)</li>
<li><a href="https://lukinski.com/corporation-c-corp-s-corp-formation-taxes-pros-cons-usa/" data-type="post" data-id="341951" data-origin="de" data-origin-url="/?p=341750">C Corporation</a> (cf. stock corporation)</li>
<li><a href="https://lukinski.com/corporation-c-corp-s-corp-formation-taxes-pros-cons-usa/" data-type="post" data-id="341951" data-origin="de" data-origin-url="/?p=341750">S Corporation</a> (cf. small stock corporation)</li>
<li><a href="https://lukinski.com/real-estate-holding-company-usa-formation-advantages-disadvantages-taxes/" data-type="post" data-origin="de" data-origin-url="/?p=341754" data-id="341975">Real Estate Holding</a> (cf. Real Estate Holding)</li>
<li><a href="https://lukinski.com/reit-real-estate-investment-trust-usa-formation-advantages-disadvantages-taxes/" data-type="post" data-id="341991" data-origin="de" data-origin-url="/?p=341760">REIT/ Real Estate Investment Trusts</a> (cf. real estate investment company)</li>
</ul>
<p>Combine legal forms:</p>
<ul>
<li><a href="https://lukinski.com/multiple-real-estate-entities-real-estate-forming-advantages-disadvantages-taxes/" data-type="post" data-id="35099" data-origin="de" data-origin-url="https://lukinski.de/mehrere-immobiliengesellschaften-immobilien-gruendung-vorteile-nachteile-steuern/">Multiple Entities</a></li>
</ul>
<p>For the sake of completeness:</p>
<ul>
<li><a href="https://lukinski.com/sole-proprietorship-formation-advantages-disadvantages-taxes-usa/" data-type="post" data-origin="de" data-origin-url="/?p=341751" data-id="342015">Sole Proprietorship</a> (cf. sole proprietorship)</li>
<li><a href="https://lukinski.com/owning-private-real-estate-in-the-usa-advantages-disadvantages-taxes/" data-type="post" data-origin="de" data-origin-url="/?p=341767" data-id="342023">Owning private real estate in the USA</a> (cf. private real estate ownership in Germany)</li>
<li><a href="https://lukinski.com/tenancy-in-common-tic-usa-basics-advantages-disadvantages-taxes/" data-type="post" data-origin="de" data-origin-url="/?p=341761" data-id="341999">Tenancy in Common (TIC)</a> (cf. fractional community)</li>
</ul>
<h2>Limited Liability Company (LLC)</h2>
<p>An LLC (Limited Liability Company) is a flexible and popular legal form in the USA. It offers its owners the advantage of limited liability, similar to a corporation, but combines the tax advantages of a partnership. Profits and losses are attributed directly to the shareholders, which avoids double taxation. In addition, an LLC offers a simple structure and flexibility in administration, which makes it particularly attractive for small companies.</p>
<ul>
<li><a href="https://lukinski.com/llc-formation-advantages-disadvantages-taxes-usa/" data-type="post" data-origin="de" data-origin-url="/?p=341749" data-id="341967">LLC</a></li>
</ul>
<p><a href="https://lukinski.com/llc-formation-advantages-disadvantages-taxes-usa/" data-type="post" data-id="341967" data-origin="de" data-origin-url="/?p=341749"><img fetchpriority="high" decoding="async" class="alignnone size-full wp-image-36307" src="https://lukinski.de/wp-content/uploads/2021/02/general-partnership-real-estate-business-financing-entities-company-taxes-explanation-forming-house-construction-architect.jpg" alt="" width="1200" height="664"/></a></p>
<h3>LLC: My recommendation for the first 10 properties</h3>
<p><img decoding="async" class="alignright" style="border-radius: 50%;" src="https://lukinski.de/wp-content/uploads/2024/05/realtor-germany-york-stephan-immobilien-koeln-architektur-lukinski.webp" alt="" width="117" height="117"/>For the first two to ten properties, an <a href="https://lukinski.com/llc-formation-advantages-disadvantages-taxes-usa/" data-type="post" data-origin="de" data-origin-url="/?p=341749" data-id="341967">LLC (see GmbH in Germany)</a> is best suited to minimize liability risks and at the same time take advantage of tax benefits. The LLC limits the personal liability of the owners, while profits and losses are attributed directly to the shareholders, which avoids double taxation. In comparison, a <a href="https://lukinski.com/partnership-usa-general-limited-limited-liability/" data-type="post" data-origin="de" data-origin-url="/?p=341752" data-id="341983">Limited Partnership (see KG)</a> offers more flexibility in terms of passive participation, but the general partner bears full liability. A <a href="https://lukinski.com/partnership-usa-general-limited-limited-liability/" data-type="post" data-origin="de" data-origin-url="/?p=341752" data-id="341983">general partnership (see OHG)</a> involves higher risks due to unlimited liability.</p>
<ul>
<li>More about the <a href="https://lukinski.com/llc-formation-advantages-disadvantages-taxes-usa/" data-type="post" data-origin="de" data-origin-url="/?p=341749" data-id="341967">LLC</a></li>
</ul>
<h2>Limited Partnership</h2>
<p>A limited partnership consists of at least one general partner and one limited partner. The general partner bears full liability for the company&#8217;s debts, while the limited partner is only liable to the extent of their contribution. This structure is often used in equity investment or real estate projects, as it enables a clear separation between active and passive participation. From a tax perspective, a limited partnership benefits from the fact that profits are only taxed at partner level.</p>
<ul>
<li><a href="https://lukinski.com/partnership-usa-general-limited-limited-liability/" data-type="post" data-origin="de" data-origin-url="/?p=341752" data-id="341983">Limited Partnership</a></li>
</ul>
<h2>General Partnership</h2>
<p>A general partnership is a partnership in which all partners have unlimited liability. This legal form offers flexibility and simple formation without major formalities. Profits and losses are attributed to the partners and are taxed personally by them. However, the partners&#8217; full liability for the company&#8217;s debts entails a higher risk, which is why this form may be less suitable for certain business models.</p>
<ul>
<li><a href="https://lukinski.com/partnership-usa-general-limited-limited-liability/" data-type="post" data-origin="de" data-origin-url="/?p=341752" data-id="341983">General Partnership</a></li>
</ul>
<h2>Real Estate Limited Partnership (RELP)</h2>
<p>A real estate limited partnership (RELP) is a special form of limited partnership that is used for real estate projects. In this structure, passive investors invest as limited partners, while the general partner takes over the operational business and has unlimited liability. RELPs offer the advantage of tax transparency and are particularly suitable for large real estate investments where the parties involved want clear liability and profit relationships.</p>
<ul>
<li><a href="https://lukinski.com/real-estate-limited-partnership-usa-formation-advantages-disadvantages-taxes/" data-type="post" data-origin="de" data-origin-url="/?p=341753" data-id="342007">Real Estate Limited Partnership</a></li>
</ul>
<h2>C Corporation</h2>
<p>A C corporation is an independent legal entity that is separate from its owners. It offers a comprehensive limitation of liability for its shareholders. Profits are taxed at the corporate level and distributions to shareholders are subject to personal income tax, which can lead to double taxation. Nevertheless, this legal form offers advantages such as access to capital markets and the possibility of having an unlimited number of shareholders.</p>
<ul>
<li><a href="https://lukinski.com/corporation-c-corp-s-corp-formation-taxes-pros-cons-usa/" data-type="post" data-origin="de" data-origin-url="/?p=341750" data-id="341951">C Corporation</a></li>
</ul>
<h2>S Corporation</h2>
<p>The S Corporation is similar to the C Corporation, but with the difference that profits and losses are passed on directly to the shareholders, thus avoiding double taxation. However, there are restrictions on the number and type of shareholders. This legal form is often chosen by smaller companies that want to benefit from tax transparency but at the same time need the limited liability of a corporation.</p>
<ul>
<li><a href="https://lukinski.com/corporation-c-corp-s-corp-formation-taxes-pros-cons-usa/" data-type="post" data-origin="de" data-origin-url="/?p=341750" data-id="341951">S Corporation</a></li>
</ul>
<p><a href="https://lukinski.com/corporation-c-corp-s-corp-formation-taxes-pros-cons-usa/" data-type="post" data-id="341951" data-origin="de" data-origin-url="/?p=341750"><img loading="lazy" decoding="async" class="alignnone size-full wp-image-34222" src="https://lukinski.de/wp-content/uploads/2021/02/llc-real-estate-operating-forming-taxes-liability-company-holding-laptop-notebook-pen.jpg" alt="" width="1200" height="800"/></a></p>
<h2>Real Estate Holding</h2>
<p>A real estate holding company is a type of company that is used specifically for the ownership of real estate. This structure provides legal and tax separation between the owners and the property owners. It is ideal for investors who own and manage several properties without holding them directly in their own name. This allows liability risks to be reduced and tax advantages to be exploited.</p>
<ul>
<li><a href="https://lukinski.com/real-estate-holding-company-usa-formation-advantages-disadvantages-taxes/" data-type="post" data-origin="de" data-origin-url="/?p=341754" data-id="341975">Real Estate Holding</a></li>
</ul>
<h2>REIT (Real Estate Investment Trust)</h2>
<p>A real estate investment trust (REIT) is a special type of company that invests in real estate and is traded on the stock exchange. Investors can acquire shares and thus invest indirectly in real estate without owning real estate directly. REITs are tax-privileged, but must distribute a large part of their profits to shareholders as dividends. They are a popular option for investors looking for a liquid and diversified investment opportunity in the real estate sector.</p>
<ul>
<li><a href="https://lukinski.com/reit-real-estate-investment-trust-usa-formation-advantages-disadvantages-taxes/" data-type="post" data-origin="de" data-origin-url="/?p=341760" data-id="341991">REIT</a></li>
</ul>
<p><a href="https://lukinski.com/reit-real-estate-investment-trust-usa-formation-advantages-disadvantages-taxes/" data-type="post" data-id="341991" data-origin="de" data-origin-url="/?p=341760"><img loading="lazy" decoding="async" class="alignnone size-full wp-image-35143" src="https://lukinski.de/wp-content/uploads/2021/02/multiple-entities-real-estate-investment-properties-taxes-liability-tricks-skyline-skyscrapers-downtown-city.jpg" alt="" width="1200" height="801"/></a></p>
<h2>Multiple Entities</h2>
<p>The combination of several company forms offers entrepreneurs the opportunity to spread risks and maximize tax advantages. For example, an LLC can be used in conjunction with a corporation to separate operational and administrative functions. This is particularly useful in the real estate industry or for more complex business models where different business areas need to be legally and fiscally separated.</p>
<ul>
<li><a href="https://lukinski.com/multiple-real-estate-entities-real-estate-forming-advantages-disadvantages-taxes/" data-type="post" data-origin="de" data-origin-url="https://lukinski.de/mehrere-immobiliengesellschaften-immobilien-gruendung-vorteile-nachteile-steuern/" data-id="35099">Multiple Entities</a></li>
</ul>
<h2>Sole Proprietorship</h2>
<p>Sole Proprietorship, also known as a sole proprietorship, is the simplest legal form in the USA. The owner bears sole responsibility for the business, but also has unlimited liability for its debts. This form is suitable for smaller companies or freelancers who do not require a complex structure. As there is no separation between the company and the owner, taxation is levied directly on the owner&#8217;s income.</p>
<ul>
<li><a href="https://lukinski.com/sole-proprietorship-formation-advantages-disadvantages-taxes-usa/" data-type="post" data-origin="de" data-origin-url="/?p=341751" data-id="342015">Sole Proprietorship</a></li>
</ul>
<h2>Owning private real estate in the USA</h2>
<p>Direct ownership of real estate in the USA as a private individual offers both opportunities and risks. Owners benefit from the increase in value of the property and the rental income, but must also observe the tax and legal obligations. In addition, personal ownership of real estate can lead to liability risks, which can be minimized by using a suitable legal form such as a real estate holding company or an LLC.</p>
<ul>
<li><a href="https://lukinski.com/owning-private-real-estate-in-the-usa-advantages-disadvantages-taxes/" data-type="post" data-origin="de" data-origin-url="/?p=341767" data-id="342023">Owning private real estate in the USA</a></li>
</ul>
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		<item>
		<title>General Partnership: Real Estate, Forming, Advantages / Disadvantages &#038; Taxes</title>
		<link>https://lukinski.com/general-partnership-real-estate-forming-advantages-disadvantages-taxes/</link>
		
		<dc:creator><![CDATA[Laura]]></dc:creator>
		<pubDate>Tue, 23 Feb 2021 12:08:54 +0000</pubDate>
				<category><![CDATA[Finances]]></category>
		<category><![CDATA[Real estate]]></category>
		<category><![CDATA[advantages]]></category>
		<category><![CDATA[apartment]]></category>
		<category><![CDATA[Building Wealth]]></category>
		<category><![CDATA[Business]]></category>
		<category><![CDATA[company]]></category>
		<category><![CDATA[Contracts]]></category>
		<category><![CDATA[disadvantages]]></category>
		<category><![CDATA[District]]></category>
		<category><![CDATA[documents]]></category>
		<category><![CDATA[Forming]]></category>
		<category><![CDATA[Founding]]></category>
		<category><![CDATA[General Partnership]]></category>
		<category><![CDATA[house]]></category>
		<category><![CDATA[Nordend-Ost]]></category>
		<category><![CDATA[real estate]]></category>
		<category><![CDATA[Real Estate General Partnership]]></category>
		<category><![CDATA[Rent]]></category>
		<category><![CDATA[Save Taxes]]></category>
		<category><![CDATA[Structure]]></category>
		<category><![CDATA[taxes]]></category>
		<category><![CDATA[Tips]]></category>
		<guid isPermaLink="false">https://lukinski.de/?p=36101</guid>

					<description><![CDATA[General Partnerships for Real Estate &#8211; For the beginnings of a real estate business, a general partnership can have many advantages. From tax benefits, to an easy formation process, this type of business partnership is great for real estate investing. We give you a detailed overview, explaining how to form a general partnership, the benefits [&#8230;]]]></description>
										<content:encoded><![CDATA[<p>General Partnerships for Real Estate &#8211; For the beginnings of a real estate business, a general partnership can have many advantages. From tax benefits, to an easy formation process, this type of business partnership is great for real estate investing. We give you a detailed overview, explaining how to form a general partnership, the benefits and disadvantages of general partnerships in real estate, and answer the most important questions, to help you decide: Is a general partnership a good decision for my real estate investment business?</p>
<h2>General Partnership: Formation, Advantages and Disadvantages</h2>
<p>Many people want to go into business with a partner. This has many advantages over working alone. You have someone to carry you through struggles, and someone to turn to for decision-making. There&#8217;s also the fact though that you have someone who is interfering with the decisions that you would like to make. This can be hard to handle, but can be worth it. In the following we show you what a general partnership is, its advantages, how it is formed, and much more.</p>
<p><img loading="lazy" decoding="async" class="alignnone size-full wp-image-36320" src="https://lukinski.com/wp-content/uploads/2021/02/general-partnership-real-estate-business-financing-entities-company-taxes-explanation-forming-office-building-commercial-balconies.jpg" alt="" width="1200" height="716" /></p>
<h3>Definition and Basics: What does a General Partnership Mean?</h3>
<p>The official definition, according to the state of California is “a form of business entity in which two or more co-owners engage in business for profit”. In practice it means two individuals share liability, profits, and losses from real estate investments. Important: this form of doing business is unincorporated, meaning that it is not separate from the people doing the business. It also has, by definition, more than one owner.</p>
<ul>
<li>A form of business entity in which two or more co-owners engage in business for profit</li>
</ul>
<p><img loading="lazy" decoding="async" class="alignnone size-full wp-image-36318" src="https://lukinski.com/wp-content/uploads/2021/02/general-partnership-real-estate-business-financing-entities-company-taxes-explanation-forming-paperwork-pen-signature.jpg" alt="" width="1200" height="710" /></p>
<h3>Forming a General Partnership: Business Name, Licenses, Agreements, etc.</h3>
<p>In forming a general partnership, the first step is to choose a business name for the partnership. This is important, as you need to make sure that the name is not taken by another company or partnership. To do this you search your local district&#8217;s registry, the state secretary&#8217;s and so it does not infringe on a trademark or service mark the United States Patent and Trademark Office and the Register of Trademarks and Service Marks. Next, you draft and sign a well-written partnership agreement.</p>
<p>Next, back to the secretary of state, where you file a statement of general partnership. Many people skip this, as it is not obligatory, and you can avoid the $70 filing fee and the $15 fee. In the same step, you register the name of the partnership at the local level by obtaining a fictitious business name. Next you must set up a separate bank account for your partnership. You should try to keep your personal finances separate from your business finances. Finally you obtain the local business licenses and specialty real estate licenses (these differ between states).</p>
<p>Process summarized:</p>
<ol>
<li>Choose a Name</li>
<li>Create a Partnership Agreement</li>
<li>File Statement of General Partnership and Register Name</li>
<li>Open a Partnership Account</li>
<li>Obtain Permits and Licenses</li>
</ol>
<p>Documents:</p>
<ul>
<li>Partnership Agreement</li>
<li>Statement of General Partnership</li>
</ul>
<p><img loading="lazy" decoding="async" class="alignnone size-full wp-image-36310" src="https://lukinski.com/wp-content/uploads/2021/02/general-partnership-real-estate-business-financing-entities-company-taxes-explanation-forming-city-skyscrapers-downtown.jpg" alt="" width="1920" height="1275" /></p>
<h3>Advantages: Filing Fees, Stress and Flexibility</h3>
<p>The first advantage is not the most significant, but perhaps important for partnershiips with limited time and finances (we do not recommend this). A general partnership is not as legally binding as other forms of business entities, and therefore is not necessary to be filed at the state level. Therefore you can skip the filing fee and hassle with the secretary of state. It is also in general a less stressful form of business, as there is less bureaucracy and it is less legally protected. Lastly, the biggest advantage of a general partnership is that it is very easy to convert to an LLC. This makes it a great stepping stone for those not ready for the total commitment of an LLC.</p>
<ul>
<li>No filing fee</li>
<li>Less stressful</li>
<li>Flexible to convert</li>
</ul>
<h3>Disadvantages: Structure, Liability and Disagreements</h3>
<p>The main reason most people form a business is to avoid liability. This is unfortunately not the case for general partnerships which are not subject to liability protection, as they are not entities separate from their owners. An additional problem comes from the fact that general partnerships are often formed between two individuals who already know each other. Even when this is not the case, a common problem, as there are only two people in the partnership, is that owners disagree. This can lead to conflict and far-reaching issues. The lack of structure is another and the final disadvantage of general partnerships</p>
<ul>
<li>No liability protection</li>
<li>Owners can disagree</li>
<li>Lack of Structure</li>
</ul>
<p><img loading="lazy" decoding="async" class="alignnone size-full wp-image-36308" src="https://lukinski.com/wp-content/uploads/2021/02/general-partnership-real-estate-business-financing-entities-company-taxes-explanation-forming-help-partner.jpg" alt="" width="1200" height="736" /></p>
<h2>Real Estate General Partnership: Advice, Tips for Real Estate Partnerships</h2>
<p>Different from other types of ownerships like <a href="https://lukinski.com/c-corporation-real-estate-forming-advantages-disadvantages-taxes/" data-type="post" data-id="35243">C corporations</a> or <a href="https://lukinski.com/s-corporation-real-estate-forming-advantages-disadvantages-taxes/" data-type="post" data-id="34363">S corporations</a>, a general partnership is considered the original partnership, and is also the least complicated. There are still a few details to keep in mind. Including how to structure a real estate partnership (whether limited or general), and the utmost importance of a partnership agreement. Lastly, we also answer the common question, if general partners are a necessary part of a partnership.</p>
<ol>
<li>Structuring a Real Estate Partnership</li>
<li>Partnership Agreement</li>
<li>Does every partnership need a general partner?</li>
</ol>
<h3>Structuring a Real Estate Partnership</h3>
<p>The structure of a real estate partnership can be a complicated thing. It is important to take your time with planning this, and making every step of it as perfect as possible. To avoid mistakes, get a primer on how to structure your partnership with the video below.</p>
<div class='avia-iframe-wrap'><iframe loading="lazy" title="Types of Real Estate Partnerships - How to Structure Real Estate Deals" width="1500" height="844" src="https://www.youtube.com/embed/wlHB08Nsr_Q?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" allowfullscreen loading="lazy"></iframe></div>
<h3>Partnership Agreement &#8211; Most Important Part of a General Partnership</h3>
<p>When investors in a general partenrship buy a property, each general partner has an equal right to participate in the management and control of it. From a practical perspective, this means that determining how disagreements that arise in the ordinary course of business will be handled is of paramount importance. The partnership is free to designate a different method of decision-making and provide for it in writing either in the partnership agreement and/or an amendment thereto. In the partnership you will detail how decisions are made, how votes are made, and if you need e.g. a majority or unanimous vote.</p>
<blockquote><p>The partnership agreement is make or break!</p></blockquote>
<p><img loading="lazy" decoding="async" class="alignnone size-full wp-image-36304" src="https://lukinski.com/wp-content/uploads/2021/02/general-partnership-real-estate-business-financing-entities-company-taxes-explanation-forming-house-residential.jpg" alt="" width="1200" height="748" /></p>
<h3>Does Every Partnership Need a Partner?</h3>
<p>Yes. Every partnership, including <a href="https://lukinski.com/limited-partnership-real-estate-forming-advantages-disadvantages-taxes/" data-type="post" data-id="34290">limited partnerships</a>, and limited liability partnerships (not to be confused with <a href="https://lukinski.com/llc-real-estate-forming-advantages-disadvantages-taxes/" data-type="post" data-id="33978">limited liability company</a>), need at least one general partner. This is the person that makes day-to-day decisions, and takes the brunt of liability. They also make all legally binding decisions, as it is them who are liable for any legal consequences.</p>
<ul>
<li>Yes, every partnership needs at least one general partner who makes day-to-day decisions</li>
</ul>
<h2>Taxes: Pass-Through Structure</h2>
<p>There are a few benefits to taxes in tthe world of general partnerships. Firstly, general partnerships, unlike corporations, do not pay income taxes. We go in-depth on the details you need to know, below.</p>
<ol>
<li>Are Partnerships Tax Exempt?</li>
<li>Do all Partners pay the Same Amount of Taxes?</li>
</ol>
<p><img loading="lazy" decoding="async" class="alignnone size-full wp-image-36312" src="https://lukinski.com/wp-content/uploads/2021/02/general-partnership-real-estate-business-financing-entities-company-taxes-explanation-forming-calculator-paperwork-pen.jpg" alt="" width="1200" height="800" /></p>
<h3>Are Partnerships Tax Exempt? Tax Structure of General Partnerships</h3>
<p>Yes. General partnerships are tax exempt. The business itself does not pay any income taxes. Rather, the general partners pay income taxes. In other words, profits, losses, etc. all pass through to the partners directly.</p>
<ul>
<li>No, all income and losses pass through directly to partners and are taxed as their incoome tax</li>
</ul>
<h3>Distribution &#8211; Do all Partners Pay the Same Amount of Taxes?</h3>
<p>This can be decided by partners. Otherwise, the IRS taxes every partner equally. This can be advantageous, e.g. if you are an existing partner and a new partner joins, in which case the amount of tax reduces. If you are made a partner though, then you become owner of the partnership&#8217;s assets, and also liable for taxes.</p>
<ul>
<li>Partners decide whether everyone pays the same amount</li>
</ul>
<p><img loading="lazy" decoding="async" class="alignnone size-full wp-image-36314" src="https://lukinski.com/wp-content/uploads/2021/02/general-partnership-real-estate-business-financing-entities-company-taxes-explanation-forming-handshake-partner-team.jpg" alt="" width="1200" height="729" /></p>
<h2>General Partnership &#8211; The Original Partnership</h2>
<p>The general partnership is the classic, the original type of partnership. It is attractive often mostly for beginners or those who are not yet certain that they will enter an <a href="https://lukinski.com/llc-real-estate-forming-advantages-disadvantages-taxes/" data-type="post" data-id="33978">LLC</a> or the direction their business will take. It has many advantages though, and is a good decision for many who choose it.</p>
<h3>Comparison: What is the Difference between a General Partnership and Limited Partnership</h3>
<p>The difference between a general partnership and a <a href="https://lukinski.com/limited-partnership-real-estate-forming-advantages-disadvantages-taxes/" data-type="post" data-id="34290">limited partnership</a> is that a general partnership consists only of general partners, all of whom carry liability. Limited partnership has additional partners who are not liable (so-called limited partners). General partnerships and limited partnerships are often misconstrued, due to the important difference between a partner and partnership. A limited partnership also has general partners.</p>
<ul>
<li>Limited partnerships are general partnerships with additional partners who do not carry liability (limited partners)</li>
<li>General partnerships consist only of general partners</li>
</ul>
<p>See <a href="https://lukinski.com/limited-partnership-real-estate-forming-advantages-disadvantages-taxes/" data-type="post" data-id="34290">Limited Partnerships &#8211; Real Estate</a></p>
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		<title>REIT: Real Estate, Forming, Advantages / Disadvantages &#038; Taxes</title>
		<link>https://lukinski.com/reit-real-estate-forming-advantages-disadvantages-taxes/</link>
		
		<dc:creator><![CDATA[Laura]]></dc:creator>
		<pubDate>Mon, 22 Feb 2021 10:35:22 +0000</pubDate>
				<category><![CDATA[Finances]]></category>
		<category><![CDATA[Real estate]]></category>
		<category><![CDATA[advantages]]></category>
		<category><![CDATA[apartment]]></category>
		<category><![CDATA[Building Wealth]]></category>
		<category><![CDATA[Business]]></category>
		<category><![CDATA[company]]></category>
		<category><![CDATA[disadvantages]]></category>
		<category><![CDATA[District]]></category>
		<category><![CDATA[documents]]></category>
		<category><![CDATA[Forming]]></category>
		<category><![CDATA[house]]></category>
		<category><![CDATA[Nordend-Ost]]></category>
		<category><![CDATA[real estate]]></category>
		<category><![CDATA[Real Estate REIT]]></category>
		<category><![CDATA[REIT]]></category>
		<category><![CDATA[Rent]]></category>
		<category><![CDATA[Risk]]></category>
		<category><![CDATA[Save Taxes]]></category>
		<category><![CDATA[taxes]]></category>
		<category><![CDATA[Tips]]></category>
		<guid isPermaLink="false">https://lukinski.de/?p=35284</guid>

					<description><![CDATA[REITS &#8211; Real Estate Investment Trusts are forms of real estate ownership which allow investors to invest in a large portfolio of real estate investments. There are advantages and disadvantages, as well as potential risks of investing in REITs. REITs are basically investing in real estate stocks. Taxation, how to form a REIT, ways to [&#8230;]]]></description>
										<content:encoded><![CDATA[<p>REITS &#8211; Real Estate Investment Trusts are forms of real estate ownership which allow investors to invest in a large portfolio of real estate investments. There are advantages and disadvantages, as well as potential risks of investing in REITs. REITs are basically investing in real estate stocks. Taxation, how to form a REIT, ways to profit from REIT, and more are discussed in this how-to guide on the steps which will make you invest your capital wisely into real estate trusts.</p>
<h2>REIT: Formation, Advantages and Disadvantages</h2>
<p>For a more grand style of investment. It is possible to have a trust which manages real estate investments, in which many shareholders invest much capital. These are the wall street version of a real estate holding, and are connected with massive sums of capital.</p>
<h3>Definition and Basics: Real Estate Trust Fund</h3>
<p>A REIT is first and foremost a Real-Estate-Investment-Trust. At first glance, a REIT seems very similar to a real estate corporation. It is a company which operates or owns real estate. These are typically income-producing, such as hotels, infrastructure, or warehouse. That means the majority of its economy comes from income, as opposed to in the form of sales or appreciation. REITs are also usually not diversified. A REIT which specializes in timber, will own much land, but very little e.g. office spaces.</p>
<ul>
<li>Real Estate Investment Trust &#8211; Publicly traded companies</li>
</ul>
<p><img loading="lazy" decoding="async" class="alignnone size-full wp-image-36080" src="https://lukinski.com/wp-content/uploads/2021/02/reits-real-estate-investment-trusts-stocks-finances-company-llc-investing-shareholder-headquarters-bank.jpg" alt="" width="1200" height="640" /></p>
<h3>Forming a REIT: Big Real Estate Company</h3>
<p>If you wanto to form a REIT you must first establish a partnership agreement. Typically REITs are originally management companies, thanks to the requirement of 100 investors. Next you decide in which state you will form your REIT, and contact this state&#8217;s secretary. Next, the private placement memorandum (also called offering memorandum) details important information about the REIT, e.g. properties which it intends to invest in, and information about board directors. Now you start searching for investors, by offering your prospectus which informs them of your strategies, structure, etc. Once the magic number of 100 is reached, you can filed for articles of incorproation. Finally, you file Form 1120 with the IRS, and you&#8217;re done!</p>
<p>Process summarized:</p>
<ol>
<li>Establish partnership agreement</li>
<li>Decide on location</li>
<li>Contact secretary of state</li>
<li>Write a private placement memorandum</li>
<li>Investor search using prospectus</li>
<li>File for articles of incorporation and Form 1120</li>
</ol>
<p>Documents:</p>
<ul>
<li>Private Placement Memorandum (a.k.a. Offering Memorandum)</li>
<li>Prospectus</li>
<li>Form 1120</li>
</ul>
<p><img loading="lazy" decoding="async" class="alignnone size-full wp-image-36082" src="https://lukinski.com/wp-content/uploads/2021/02/reits-real-estate-investment-trusts-stocks-finances-company-llc-investing-shareholder-money-piggy-bank.jpg" alt="" width="1200" height="803" /></p>
<h3>Advantages: Low Risk, Diversification and Flexibility</h3>
<p>Investors can profit from investments which they would usually not be capable of making. These can be massive infrastructure projects which an everyday person typically does not have the money to invest in, but in cooperation with many others can contribute. Additionally, they are able to diversify their investment within the real estate market, because they hold an interest in multiple properties with minimal dollars. There is also lower risk associated with REIT investing. Another certain advantage is the fact that investors can sell their shares quickly. Another advantage, if you are a foreign national in the USA, is that, although you would not qualify to invest in traditional real estate, you can through a REIT.</p>
<ul>
<li>Profit from investments which would otherwise be impossible</li>
<li>Diversified investments</li>
<li>Lower risk</li>
<li>Sell shares quickly</li>
<li>Not barred if foreign</li>
</ul>
<h3>Disadvantages: Slow, Taxation and Loss of Control</h3>
<p>Some disadvantages were mentioned earlier. The main disadvantage is that REITs are typically not subject to large growth because they cannot reinvest their income. They are forced to return 90% of the earnings to the investors meaning only 10% of the earnings can be reinvested in the company. Additionally, while most dividends are only taxed at 15%, REIT dividends are taxed as regular income. This is a much higher rate. There is also the drawback that REIT investors do not have control over operational decisions, meaning they can be helpless against ineffective changes. Lastly, some REITs (but not all, do your research!) incur exorbitant management and transaction fees. This logically leads to lower distributions of incomme to shareholders, and therefore reduced income for the investors.</p>
<ul>
<li>Slow growth</li>
<li>Dividends highly taxed</li>
<li>No control over operational decisions</li>
<li>High management &#038; transaction fees</li>
</ul>
<p><img loading="lazy" decoding="async" class="alignnone size-full wp-image-36074" src="https://lukinski.com/wp-content/uploads/2021/02/reits-real-estate-investment-trusts-stocks-finances-company-llc-investing-shareholder-business-newspaper.jpg" alt="" width="1200" height="794" /></p>
<h2>Real Estate REIT: Requirements, Profit</h2>
<p>If you want to get in on the REIT business, there&#8217;s a few things to keep in mind. If you own property, or want to buy and sell properties, a REIT will not be for you. It is a more likely choice when you have surplus capital which you want to invest in a slow-growing and safe trust.</p>
<h3>Are REITs Publicly Traded?</h3>
<p>Yes! This makes the fundamental difference between other LLCs or e.g. limited partnerships. They are publicly traded, and therefore you can invest in REITs as you would in other trusts or stocks. In a sense they are stocks where you invest in real estate managers.</p>
<ul>
<li>Yes, REITs are publicly traded</li>
</ul>
<p><img loading="lazy" decoding="async" class="alignnone size-full wp-image-36088" src="https://lukinski.com/wp-content/uploads/2021/02/reits-real-estate-investment-trusts-stocks-finances-company-llc-investing-shareholder-wall-street-trading.jpg" alt="" width="1200" height="900" /></p>
<h3>Can I Start my own REIT? Requirements</h3>
<p>Yes! Although it is not easy. There are a few important things to keep in mind. First, before becoming a REIT, most companies are LLCs, which once finding enough investors, file to become a REIT. These requirements are not asked to be present in the first year of a REITs operation, but usually by the second.</p>
<ul>
<li>REITs have multiple requirements</li>
<li>Most REITs begin as LLCs</li>
</ul>
<h4>How Many Investors in a REIT?</h4>
<p>The first important requirement is that you must have at least 100 investors. For most people it is difficult to find this. Especially when having little real estate experience, it is hard to find this many investors willing to take the risk.</p>
<ul>
<li>At least 100</li>
</ul>
<p><img loading="lazy" decoding="async" class="alignnone size-full wp-image-36078" src="https://lukinski.com/wp-content/uploads/2021/02/reits-real-estate-investment-trusts-stocks-finances-company-llc-investing-shareholder-futuristic-architecture-buildings.jpg" alt="" width="1200" height="848" /></p>
<h4>Pay-Out for REITs &#8211; Over 90% of Profit</h4>
<p>REITs must, by law, be structured such that at least 90% of profits must be distributed to investors as dividends, every single year. This is a law, and therefore, once not doing this, a REIT will forfeit its status as such and no longer qualify for the additional benefits of being a REIT.</p>
<ul>
<li>REITs must distribute at least 90% of profits to investors</li>
</ul>
<h4>What does a REIT Invest in?</h4>
<p>Another law from the IRS: you must also invest at least 75 percent of a REITs value/assets in a form of real estate. This is usually not a problem, with the majority of REITs having over 90% of their assets invested in real estate. A REIT must also derive at least 95 percent of its gross income from real estate investments.</p>
<ul>
<li>REITs must invest at least 75% of their assets in real estate</li>
</ul>
<p><img loading="lazy" decoding="async" class="alignnone size-full wp-image-36084" src="https://lukinski.com/wp-content/uploads/2021/02/reits-real-estate-investment-trusts-stocks-finances-company-llc-investing-shareholder-stocks-trading-exchange.jpg" alt="" width="1200" height="800" /></p>
<h3>Can you Become Rich with REITs? &#8211; Profit, Investment Dividends</h3>
<p>Most people will not become rich with REITs. They are slow to throw dividends, yet for that reason usually very safe. It is unlikely to e.g. double your investment. Yet, in the long run, the vast majority of REITs have outperformed most stocks, meaning that they are a safer investment. Although there are some mega-REITs which have shown massive increases in value, and great profit for their investors, these are not get-rich-quick stocks.</p>
<ul>
<li>REITs are a safe but slow-growing investment</li>
</ul>
<h3>Invest in Real Estate or REITs? How to Choose</h3>
<p>If you&#8217;re struggling to decide whether to invest in a REIT or in real life real estate? Take a look below, as this video explains everything you need to know about REITs and real estate:</p>
<div class='avia-iframe-wrap'><iframe loading="lazy" title="Real Estate vs REITs: Which Investment is Better?" width="1500" height="844" src="https://www.youtube.com/embed/f8TwpMfDc9g?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" allowfullscreen loading="lazy"></iframe></div>
<h3>Can an LLC be a REIT? Differences and Similarities</h3>
<p>First and foremost, REITs are taxed as corporations. In practice, this means that most management companies intending to become a REIT will begin their life as an <a href="https://lukinski.com/llc-real-estate-forming-advantages-disadvantages-taxes/" data-type="post" data-id="33978">LLC</a>. Once this LLC has grown to be large enough, it will file to become a REIT.</p>
<h2>Taxes: Few Advantages</h2>
<p>If you want tax deductions, REITs probably won&#8217;t be for you. Compared with traditional real estate investing, where tax write-offs are near-infinite, including depreciation, mortgage, interest, etc., REITs are not as priveliged.</p>
<ol>
<li>REIT dividends Taxation</li>
<li>Depreciation Expenses</li>
</ol>
<p><img loading="lazy" decoding="async" class="alignnone size-full wp-image-36076" src="https://lukinski.com/wp-content/uploads/2021/02/reits-real-estate-investment-trusts-stocks-finances-company-llc-investing-shareholder-finance-office-building.jpg" alt="" width="1200" height="799" /></p>
<h3>Normal Income &#8211; REIT Dividends</h3>
<p>At least 90% of income which the REIT generates must be passed on to investors. This is taxed according to each individual investor&#8217;s marginal tax rate. In other words, the income which an investor makes from REITs is taxed as any other income would be.</p>
<ul>
<li>Dividends are taxed as normal income by investors</li>
</ul>
<h3>Depreciation Expenses &#8211; REIT Tax Advantage</h3>
<p>Depreciation expenses can reduce the amount of income received. REIT investors can minimize their taxes by writing off this depreciation on the dividends they receive.</p>
<ul>
<li>You can write off depreciation for REITs</li>
</ul>
<h2>REIT Summary: Big-Time, Slow-Time</h2>
<p>REITs certainly have a good reason to exist. They offer a unique opportunity to invest in the massive and seemingly unbeatable real estate market, without having to shell out the millions, or taking up a mortgage. With less risk comes less reward though, and this type of investment is not likely to pay off quickly or heavily. It is a small and constant pay-off. This can be attractive or not depending on what you prefer!</p>
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		<title>C Corporation: Real Estate, Forming, Advantages / Disadvantages &#038; Taxes</title>
		<link>https://lukinski.com/c-corporation-real-estate-forming-advantages-disadvantages-taxes/</link>
		
		<dc:creator><![CDATA[Laura]]></dc:creator>
		<pubDate>Tue, 16 Feb 2021 13:38:36 +0000</pubDate>
				<category><![CDATA[Finances]]></category>
		<category><![CDATA[Real estate]]></category>
		<category><![CDATA[advantages]]></category>
		<category><![CDATA[apartment]]></category>
		<category><![CDATA[Building Wealth]]></category>
		<category><![CDATA[Business]]></category>
		<category><![CDATA[C Corporation]]></category>
		<category><![CDATA[company]]></category>
		<category><![CDATA[disadvantages]]></category>
		<category><![CDATA[District]]></category>
		<category><![CDATA[documents]]></category>
		<category><![CDATA[Forming]]></category>
		<category><![CDATA[Founding]]></category>
		<category><![CDATA[house]]></category>
		<category><![CDATA[Nordend-Ost]]></category>
		<category><![CDATA[real estate]]></category>
		<category><![CDATA[Real Estate C Corporation]]></category>
		<category><![CDATA[Rent]]></category>
		<category><![CDATA[Save Taxes]]></category>
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		<guid isPermaLink="false">https://lukinski.de/?p=35243</guid>

					<description><![CDATA[C Corporation &#8211; Of the types of real estate entities, companies, and corporations, the C corporation is among the most popular for real estate investments and investors. It provides limited liability, and allows for many investors, unlike the S corporation. That means it is often explained as a more large-scale real estate investment business. We [&#8230;]]]></description>
										<content:encoded><![CDATA[<p>C Corporation &#8211; Of the types of real estate entities, companies, and corporations, the C corporation is among the most popular for real estate investments and investors. It provides limited liability, and allows for many investors, unlike the S corporation. That means it is often explained as a more large-scale real estate investment business. We explain how to form a C corporation, documents for a C corporation, as well as advantages and disadvantages. It is possible to avoid double taxation with a C corporation, and we explain a step by step guide on how to save on taxes and create profit with a C corporation for real estate.</p>
<h2>C Corporation: Formation, Advantages and Disadvantages</h2>
<p>A C corporation, also called c corp, is, in contrast to the similar s corp, a true corporation. That means that some tax advantages dissapate, while some other advantages become apparent. Follow along to understand why, and in what cases the c corp can be the right decision for you.</p>
<h3>Definition and Basics: C Corp as a True Corporation</h3>
<p>A C corp is a taxable entity that acts as a corporation. Any real estate or objects it owns will also be in the name of the corporation, and any increase in value, e.g. through appreciation, will be taxed as a corporation.</p>
<ul>
<li>C Corporation = Taxable corporation</li>
</ul>
<p><img loading="lazy" decoding="async" class="alignnone size-full wp-image-35257" src="https://lukinski.com/wp-content/uploads/2021/02/c-corp-corporation-real-estate-investment-entities-explained-taxes-advantages-steps-city-skyscraper-downtown.jpg" alt="" width="1200" height="621" /></p>
<h3>Forming a C Corp: How to, Steps, Documents</h3>
<p>To form a C corp the first step is to choose where you want to file. Three main things to look out for: Filing fees (Nevada is most expensive, Hawaii, Colorado and Arkansas cheapest), the laws and bylaws, and whether your name is taken. Then you must gather your board of directors, with whom you will then file the articles fo incorporation with the state. Watch out though! This does not mean your corporation is formed, this is merely informing the state that you intend to form a corporation. Next you will decide with the board of directors how things work, who does what, and what is allowed or not allowed (i.e. formalizing the bylaws and finding an operating agreement). After this is done, it is put into writing, and passed on to the state.</p>
<p>Process summarized:</p>
<ol>
<li>Choose a Location (e.g. Hawaii or Colorado)</li>
<li>Find Board of Directors</li>
<li>File Articles of Incorporation</li>
<li>Operating Agreement</li>
<li>Final Certification</li>
</ol>
<p>Documents:</p>
<ul>
<li>Operating Agreement</li>
<li>Statement of Corporate Form/Management Structure</li>
</ul>
<p><img loading="lazy" decoding="async" class="alignnone size-full wp-image-35263" src="https://lukinski.com/wp-content/uploads/2021/02/c-corp-corporation-real-estate-investment-entities-explained-taxes-advantages-steps-coins-moneyy-finance-pounds.jpg" alt="" width="1200" height="797" /></p>
<h3>Advantages: Raising Capital and Liability</h3>
<p>A C corp is a good way to overcome many of the issues of <a href="https://lukinski.com/s-corporation-real-estate-forming-advantages-disadvantages-taxes/" data-type="post" data-id="34363">S corporations</a>. For one, you have an improved ability to raise capital, because the structure makes bringing on investors much easier and more convenient. Additionally, there is, as with all forms of real estate entities, liability protection, meaning it is the corporation, not the individual behind it being liable. Lastly, a major advantage is that C corps are self-sustaining in a sense. Most business structures cease to exist once owners or investors leave. This is not the case for C corps though, which remain despite the owner leaving the company.</p>
<ul>
<li>Easier to Raise Capital</li>
<li>Liability Protection</li>
<li>Self-Sustaining</li>
</ul>
<p><img loading="lazy" decoding="async" class="alignnone size-full wp-image-35259" src="https://lukinski.com/wp-content/uploads/2021/02/c-corp-corporation-real-estate-investment-entities-explained-taxes-advantages-steps-city-view-panorama.jpg" alt="" width="1200" height="680" /></p>
<h3>Disadvantages: Double Taxation, Regulations and Fees</h3>
<p>Now, despite all its advantages, there are significant drawbacks. These have lead to many people proclaiming that no one should ever hold their real estate in a C corp, but this is of course not true. The biggest disadvantage is of course the double taxation. Many people seek a real estate entity to avoid exactly this double taxation. E.g. a <a href="https://lukinski.com/limited-partnership-real-estate-forming-advantages-disadvantages-taxes/" data-type="post" data-id="34290">limited partnership</a> allows for investors to tax their profits only once, which is not the case for a C corp. Additionally, C corps have a lot of regulations which they must adhere to. That means a lot of paperwork for accountants or owners. Lastly, C corps can incur large costs to be formed as well as for upkeep.</p>
<ul>
<li>Double Taxation</li>
<li>Lots of Regulations = Lots of Paperwork</li>
<li>Large Fees for Incorporation and Upkeep</li>
</ul>
<p>Investing in real estate and want to save on your taxes?</p>
<blockquote><p><a href="https://lukinski.com/real-estate-tax-deductions-saving-money/" data-type="post" data-id="30861">Real Estate Tax Deductions</a></p></blockquote>
<h2>Real Estate C Corporation: Big Investments</h2>
<p>For investing in real estate in a grand style, C corporations are just the thing. Now it is important to keep in mind the legalities behind actual c corporations and s corporations and what they mean.</p>
<p><img loading="lazy" decoding="async" class="alignnone size-full wp-image-35269" src="https://lukinski.com/wp-content/uploads/2021/02/multiple-entities-real-estate-investment-properties-taxes-liability-tricks-highrises-.jpg" alt="" width="1200" height="800" /></p>
<h3>What is the Difference Between an S Corp and C Corp?</h3>
<p>In reality, there is no true difference. Even S corps are C corps, just that they have filed a different IRS form. An S Corporation is also called a Sub-S, and is a C Corporation that has filed Form 2553 and elected to be treated as described in Subchapter S of the Code. Of course you can always choose to go with <a href="https://lukinski.com/multiple-real-estate-entities-real-estate-forming-advantages-disadvantages-taxes/" data-type="post" data-id="35099">multiple entities</a>, which can give you advantages of each form of business.</p>
<blockquote><p>S corporations = C corporations with Sub-S status</p></blockquote>
<h3>Terminology Confusion and Legalities &#8211; Investment Misunderstood</h3>
<p>It should be mentioned that no matter what, every corporation which is created is a C corporation. There is no way around it. That means, by default, you are going to be forming a C corporation. It is only possible afterwards to file for an S corp election. This then takes the corporation to a Sub-S status.</p>
<p><img loading="lazy" decoding="async" class="alignnone size-full wp-image-35267" src="https://lukinski.com/wp-content/uploads/2021/02/c-corp-corporation-real-estate-investment-entities-explained-taxes-advantages-steps-san-francisco-properties.jpg" alt="" width="1200" height="823" /></p>
<h2>How can C Corporations Avoid Double Taxation? Saving Real Estate Taxes</h2>
<p>Everybody wants to <a href="https://lukinski.com/real-estate-tax-deductions-saving-money/" data-type="post" data-id="30861">pay less real estate taxes</a>. Especially when you are paying taxes on income that is already taxed, which real estate investment often incurs. So, how is it possible to avoid the biggest disadvantage of C corps, double taxation? Let us explain. First, why this is a disadvantage, then the legal surroundings of converting to an S corp, how to convert to an s corp, and how long this process takes. Lastly, to get a lay of the land how much you&#8217;re paying, the full tax rates in US states for C corporations.</p>
<ol>
<li>Why is Double Taxation a Disadvantage for Corporations?</li>
<li>Can I convert my C corp to an S Corp?</li>
<li>How to Convert a C Corp into an S Corp</li>
<li>How Long does it Take to Become an S Corp?</li>
<li>How much are Taxes for a C Corp?</li>
</ol>
<p><img loading="lazy" decoding="async" class="alignnone size-full wp-image-35261" src="https://lukinski.com/wp-content/uploads/2021/02/c-corp-corporation-real-estate-investment-entities-explained-taxes-advantages-steps-coins-money-stocks-finance.jpg" alt="" width="1200" height="639" /></p>
<h3>Why is Double Taxation a Disadvantage for Corporations?</h3>
<p>In itself, the legal structure making double taxation possible is not a problem. Wanting profits from your real estate investment makes a problem. In fact, a corporation not being a pass-through entity like LLCs or s corps has many advantages. It is for these reasons that people choose the C corp. Double taxation is only a disadvantage when an investor, owner, or member, wants to receive money from the corporation. In the case of an S corp, this is declared as personal income, once. In a C corp, it is taxed once going into the company, and once going into your pocket</p>
<ul>
<li>Only a problem when withdrawing money</li>
</ul>
<h3>Avoid Double Taxation: Can I convert my C corp to an S Corp?</h3>
<p>Taxes when buying real estate are already confusing and at times costly. As mentioned above, using a C corp means likely being subject to double taxation. Yet it&#8217;s possible to convert your C corp into an <a href="https://lukinski.com/s-corporation-real-estate-forming-advantages-disadvantages-taxes/" data-type="post" data-id="34363">S corp</a>, avoiding this problem. Some shareholders of C corporations never took advantage of the opportunity to convert and therefore remain subject to double taxation. Since the Tax Act of 1986, personal tax rates were reduced, making it possible to convert C corporations into S corporations. Because S corps have a more convenient tax structure, this would avoid the issue of double taxation.</p>
<ul>
<li>Yes, Since 1986 you can convert C corporations to S corporations</li>
</ul>
<p><img loading="lazy" decoding="async" class="alignnone size-full wp-image-35253" src="https://lukinski.com/wp-content/uploads/2021/02/c-corp-corporation-real-estate-investment-entities-explained-taxes-advantages-steps-businessman-notes.jpg" alt="" width="1200" height="800" /></p>
<h4>How to Convert a C Corp into an S Corp &#8211; Real Estate Investment</h4>
<p>A possible solution to possibly avoid double taxation upon liquidation of property in a C Corporation is to convert the C Corporation into an S Corporation. To become an S Corporation, a C Corporation must file IRS Form 2553 with the IRS. This form must be signed by all shareholders, which means that each shareholder has veto power over the conversion from a C Corporation to an S Corporation. IRS approval of Form 2553 is routine (not discretionary) as long as the corporation meets the formal requirements for conversion.</p>
<ul>
<li>Use IRS Form 2553</li>
<li>Get approval from all shareholders</li>
</ul>
<h4>How Long does it Take to Become an S Corp?</h4>
<p>This depends on if you are an existing corporation or a new corporation. New businesses must file for an S corp election within 2,5 months of creation. For existing businesses, it is 2,5 months before the beginning of the respective tax year. Yet in total, for the governing body to approve a new corporation, it takes four to six weeks.</p>
<ul>
<li>2,5 months or 2 months and 15 days</li>
<li>Four to six weeks after filing</li>
</ul>
<p><img loading="lazy" decoding="async" class="alignnone size-full wp-image-35255" src="https://lukinski.com/wp-content/uploads/2021/02/c-corp-corporation-real-estate-investment-entities-explained-taxes-advantages-steps-busy-crosswalk-city-downtown.jpg" alt="" width="1200" height="709" /></p>
<h3>C Corp Tax Rates &#8211; How much are Taxes for a C Corp?</h3>
<p>Considering double taxation, it is also important to look at the general tax rates for the C corp. This has important influence on the salary that investors or owners will receive. These have been set in the same form since a reform by the IRS in 2010. Take a look below, comparing income in USD to the tax rate for the investor.</p>
<ul>
<li>$0 &#8211; $50.000: 15%</li>
<li>$50.000 &#8211; $75.000: $7.500 + 25%</li>
<li>$75.000 &#8211; $100.000: $13.750 + 34%</li>
<li>$100.000 &#8211; $335.000: $22.250 + 39%</li>
<li>$335.000 &#8211; $10.000.000: $113.900 + 34%</li>
<li>$10.000.000 &#8211; $15.000.000: $3.400.000 + 35%</li>
<li>$15.000.000 &#8211; $18.333.333: $5.150.000 + 38%</li>
<li>$18.333.333: 35%</li>
</ul>
<h2>C Corp Summary: For Big Investments</h2>
<p>C corp is maybe a bit like the next step for many corporations. It is for more investors, and with greater possibilities. That doesn&#8217;t keep it from its own disadvantages though, as can be seen in the double taxation issue.</p>
<p><img loading="lazy" decoding="async" class="alignnone size-full wp-image-35140" src="https://lukinski.com/wp-content/uploads/2021/02/multiple-entities-real-estate-investment-properties-taxes-liability-tricks-nature-dawn-forest.jpg" alt="" width="1200" height="679" /></p>
<h3>Comparison: S Corp or C Corp?</h3>
<p>That&#8217;s the question. To find out, read our in-depth article on S corps. It should tell you everything you could need to know about whether to choose an S corp or C corp to reduce liability for your real estate business.</p>
<p>See <a href="https://lukinski.com/s-corporation-real-estate-forming-advantages-disadvantages-taxes/" data-type="post" data-id="34363">Real Estate S Corporation</a></p>
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