Creating a Rental Property LLC in South Carolina

Benefits of creating a rental property LLC in South Carolina

Liability Protection

One of the most attractive LLC benefits to real estate investors is personal liability protection. In other words, if an obligation arises against the LLC, a party cannot seize an LLC owner’s property to satisfy that liability. Although there are a few exceptions to this protection, they apply only when an LLC owner does something illegal or egregious. 

Pass-Through Taxation

LLCs enjoy unique tax advantages. Most business structures, including corporations, have to pay taxes twice. The business has to pay corporate taxes on its profits, and the business owners have to pay taxes on their personal income. With LLCs, the business’s income “passes through” to the owners, who simply have to pay regular personal income taxes.

Separation of Personal Property and Business Property

Creating an LLC for a rental property in South Carolina allows you to separate your personal property and business property. This separation additionally shields your personal assets from being seized by the LLC’s creditors. 

Series LLCs for Rental Property LLCs in South Carolina

A series LLC is a special kind of LLC that allows an owner to create multiple, distinct sub-groups. Each one of these subgroups is called a “series,” and it essentially functions as a separate company. This means that each series has its own assets, liabilities, membership, and bank account. More importantly, however, each series is responsible for its own debts, so each one is insulated from the liabilities of the others. For this reason, series LLCs are ideal for real estate investors who own multiple rental properties. South Carolina does not currently recognize series LLCs. However, that might change in the future. 

What to know before creating a rental property LLC in South Carolina

You could use a few different business structures for a commercial property company. However, LLCs offer several unique benefits. 

How to form an LLC for your South Carolina rental property

Now that you’re ready to form a South Carolina rental property LLC, check out our South Carolina LLC Formation Service. With this service, we’ll streamline the formation process so you don’t have to spend your precious time filling out paperwork.  

Step 1: Choose LLC Name

When selecting a name for your LLC, be sure to choose one that meets Idaho’s 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 South Carolina 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 South Carolina registered agent, we can help you find one.  

Step 3: File Articles of Organization

To officially form your rental property LLC in South Carolina, you need to file a Certificate of Organization with the Idaho Office of the Secretary of State and include the appropriate filing fee. With our LLC Formation Service, we can file your documents for you. 

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. 

Potential Extra Steps

If you bought your rental property before forming the LLC, you will have to transfer the LLC from your personal ownership to the LLC. You’ll have to complete and file an updated deed with the local city or county land office. The updated deed must reflect the LLC as the property owner. Also, you’ll pay all applicable title transfer taxes.

If you have financing on the rental property, notify your mortgage company. This step is critical. A change in ownership (especially without prior notice) may disrupt or even terminate your financing on the property. After you’ve notified your lender, work with them to complete any additional paperwork.

Next, inform all renters and tenants currently on the property about the upcoming ownership change. Also, ensure that you have updated all leases and rental agreements so that they indicate that the LLC is the property owner. 

Who should form a South Carolina LLC for their rental property?

It’s quite easy to form a South Carolina real estate LLC. And because of all of the benefits that an LLC offers, we recommend all property management company owners form one. Forming an LLC is especially advantageous if you intend to expand your commercial property business in the future.  

If you’re ready to establish a rental property LLC in South Carolina, then it’s ideal to form the LLC first before you acquire your investment property. By acquiring the property second, you can buy it as an LLC, which prevents you from having to retitle the property later on. You may also enjoy more favorable financing options. 

On the other hand, if you buy the property first and then create the LLC, you will have to transfer the property to the LLC from your personal ownership by filing various property forms and recording the ownership change at the local land records office. In addition, transferring your property to the LLC may impact your financing terms if you have a mortgage on the property. Finally, property transfers may constitute a taxable event that increases your tax liability. 

How We Can Help

Real estate investing can bring big rewards. However, there are also risks. Creating a South Carolina LLC is one of the best ways to protect yourself and your business from future liabilities while maximizing the profits from your real estate investment. After helping you start an LLC, we can continue to meet your business needs, from writing Your Business Plan to Worry-Free Compliance.