Creating a Rental Property LLC in Iowa

Benefits to creating a rental property LLC in Iowa

Liability Protection

The biggest benefit of operating a real estate business through an LLC is liability protection. When you operate a business as an individual or partnership, you could be personally liable for any debts or obligations incurred by the business. If something goes wrong, you could be the one that pays for it. An Iowa LLC protects you from these risks because the company itself would likely be responsible for any debts or obligations arising from the business.

Pass-Through Taxation

Another big advantage of a limited liability company is pass-through taxation. If you were to create a corporation, it would be subject to corporate income tax. You’re also likely to pay taxes on any dividends paid from the corporation to you as an owner. This means you could be subject to double taxation. An LLC, on the other hand, is a pass-through entity. With a pass-through entity, the income of the LLC passes through the company and goes straight to its owners. This helps to avoid double taxation issues.

Series LLCs

One thing that really sets limited liability companies apart is the ability to form a series LLC. A series LLC allows you to create multiple separate entities under the umbrella of one LLC. This reduces the number of additional filings you may have to make. For example, if you wanted to purchase 10 properties, you would normally need to file 10 separate certificates of organization. With a series LLC, you should be able to spin a new series off for each property without additional filings.

What to know before creating a rental property LLC in Iowa

There are many benefits to using an LLC when investing in real estate. Some of the key advantages include liability protection, pass-through taxation, and separation of business and personal property.

How to form an LLC for your Iowa rental property

Step 1: Choose LLC Name

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

Step 3: File Articles of Organization

To officially form your rental property LLC, you need to file Articles of Organization with the Iowa 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 dissolving the company.

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. 

Step 6: Transfer Property Title

To transfer your existing real estate property, you will likely need to draft a new deed. This deed is usually filed in the county in which the property is located. For example, if the property is located in Iowa City, then you would probably want to file the deed with the Johnson County Recorder’s office. You may have to pay a transfer tax when transferring Iowa real estate into your LLC.

Step 7: Inform the Lender

It is probably a good idea to talk to your lender if you have a mortgage or loan. One reason is that your lender may need you to execute some additional documents for the transfer. The transfer might also affect the terms or the rate of your loan.

Step 8: Update Leases and Notify Tenants

Once you have transferred your property into your LLC, you will probably need to update your lease agreements. If you have tenants, you will likely need to notify them of the change. You may also need them to consent to the change in writing. If the tenant has an existing lease or loan agreement, it might be a good idea to amend the agreement or have them execute a new one.

Who should form an Iowa rental property LLC?

If you want to invest in real estate, you may want to consider setting up an Iowa real estate LLC. This could be a fantastic option for real estate investors because it protects you and your personal assets from your real estate business’s liabilities. An LLC is especially helpful for anyone who is looking to buy their first rental property, but it also works well for those who already own other rental properties. 

Setting up your LLC before buying your rental property

Ideally, you may want to form your Iowa rental property LLC before you buy a rental property. By forming your LLC first, you can use the LLC to purchase the rental property and put the deed in the name of the LLC. This could help you avoid additional steps in transferring assets into the LLC.

How We Can Help

No matter what stage your business is at, we can help business owners like you throughout Iowa and the United States. In addition, our services don’t end at just getting your LLC formed. We are proud to offer you additional services including:

• Operating agreement templates,
• Business plan templates, and
• Worry-Free Compliance Services.

We want to help you get your business running and keep it running. Start your Iowa rental property LLC today.