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Business Setup

LLC Setup

Form your real estate business as an LLC the right way — entity, EIN, operating agreement, and broker compensation paperwork.

Why an LLC?

An LLC separates your personal assets from your business activities, opens the door to S-Corp tax treatment once your GCI grows, and signals to vendors and clients that you operate as a real business — not a hobby.

Step-by-Step Formation

  • Choose a business name that includes 'LLC' and is available in your state's Secretary of State database.
  • File Articles of Organization with your Secretary of State (typically $50–$300).
  • Apply for an EIN through the IRS website — free, takes about 10 minutes.
  • Draft an Operating Agreement, even as a single-member LLC. Banks and brokers will ask for it.
  • Open a dedicated business checking account. Never commingle personal and business funds.
  • Register with your state's Department of Revenue if your state collects income tax.

Broker Compensation Setup

Most states require your broker to pay your LLC instead of you personally — and it requires a signed compensation agreement on file. Confirm with your broker, then provide your LLC name, EIN, and a W-9.

S-Corp Election (When You're Ready)

Once you're netting roughly $50K+ from real estate, talk to a CPA about filing IRS Form 2553 to elect S-Corp tax treatment. This can save thousands per year in self-employment tax.

Action Items

  1. File Articles of Organization this week.
  2. Get your EIN the same day you file.
  3. Open a business checking account and order debit cards.
  4. Sign your broker's compensation-to-LLC agreement.
  5. Schedule a consult with a real-estate-savvy CPA before year end.