Creating a Rental Property LLC in Vermont

Benefits of creating LLCs for rental properties in Vermont

Running a rental property as an LLC can be beneficial to you for several reasons, including personal liability protection, tax advantages, and the relative ease of running an LLC.

Liability Protection

Hardly any business owner can expect smooth sailing for the entire time they run their business. If your rental business faces legal or financial issues, running it as an LLC can protect your personal life from those issues. Under Vermont law, members and owners of an LLC are normally not personally responsible for their LLC’s legal and financial obligations. 

Pass-Through Taxation

LLCs normally have fewer income tax obligations than a standard corporation. Standard corporations are subject to double taxation, meaning the corporation itself has to pay taxes on its income and its shareholders have to pay taxes on the distributions they receive from the corporate income. Also, paying taxes as an LLC owner is usually simpler. This tax setup is known as pass-through taxation.

Separation of Business and Personal Property

In general, your personal assets don’t belong to your LLC.  State law makes clear that an LLC’s property is the property of the LLC and not its members individually. This separation can be helpful because it offers additional separation between your personal life and the legal or financial issues of your Vermont real estate LLC. 

Series LLCs for real estate investors in Vermont

In a series LLC, you can divide LLC assets into distinct groups. Normally, the financial and legal obligations of one distinct group of assets don’t affect another group in a series LLC. Some real estate investors with multiple rental properties take advantage of this structure to protect each rental property from the others.

Vermont law doesn’t currently recognize series LLCs. 

What to know before creating a rental property LLC in Vermont

As an entrepreneur, you probably keep some kind of list of pros and cons when you make significant business decisions. While forming an LLC might not be the best option for everyone, we can outline some of the benefits f having an LLC below. 

How to form an LLC for your Vermont rental property

Setting up an LLC might seem complicated, but we are here to help. Below are the basic steps to establishing one in Vermont.

Step 1: Choose LLC Name

When selecting a name for your LLC, be sure to choose one that meets state requirements. We can do a search for you to see if the business name you want is available. If it is, let us reserve the name while you get the filing paperwork together. 

Step 2: Select Registered Agent

Businesses in the state are required to appoint a registered agent. This person is responsible for receiving important documents on behalf of the LLC, such as state correspondence and legal notices. If you need a registered agent, we can help you find one.  

Step 3: File Certificate of Organization

To officially form your rental property LLC, you need to file a Certificate of Organization with the right state office and include the appropriate filing fee.

Step 4: Create an Operating Agreement

Your LLC’s Operating Agreement is one of your most important business documents. It governs how your LLC runs and provides instructions for anything from voting procedures to dissolve the company. If you’re not sure how to create an Operating Agreement, we offer templates that can serve as a guide. 

Step 5: Apply for Employment Identification Number (EIN)

The IRS assigns businesses a nine-digit EIN that is used to identify their enterprise. An EIN is like a social security number for your LLC. Having one is necessary for certain business matters, such as opening a business bank account, hiring employees, and getting financing. You can apply for an EIN yourself on the IRS’s website, or we can do it for you with our EIN service. 

Additional Steps

To transfer real estate you already own to your LLC, you normally need to sign a deed granting the property to the LLC and pay any relevant taxes. If you have a mortgage on the real estate, you will need to notify your lender about the new owner so it can update the mortgage and change the terms and rates as necessary. You might also need to change the language in your leases and inform your existing tenants about the new ownership. 

Who should form a Vermont LLC for their rental property?

Forming an LLC can be a great idea for almost any entrepreneur seeking to make rental income from an investment property. If you can, it’s easier to form your LLC first and then buy a rental property in the LLC’s name. If you already own the rental property, you will need to take a few extra steps to transfer ownership of the property to the LLC, a process we now summarize.

How We Can Help

Our services can help you easily start and maintain your business. With our LLC Formation Service and Business Plan Template, we can help you develop your business vision and quickly make it a reality. Once you’re open for business, our Worry-Free Compliance Service can help you keep your business organized by tracking your compliance deadlines and handling two filing amendments for you per year. It’s amazing what you can do with the right support. If you don’t know how to set up a real estate LLC in Vermont, our services can help you.