Creating a Rental Property LLC in Kansas

Benefits of forming an LLC for your Kansas rental property

Liability Protection

One of the key benefits of forming a limited liability company is right there in the name, limited liability. An LLC typically operates as a separate “person” for liability purposes. So a property that’s put into the LLC will likely belong to the LLC and not you personally. This can be a big benefit, as the limitation on liability will likely keep you from being held responsible for the debts and liabilities of the company.

Pass-Through Taxation

Another advantage of an LLC is that it’s subject to pass-through taxation. Pass-through taxation can keep the taxes of your business relatively simple and straightforward. When you form a corporation, for example, the corporation is usually taxed at the corporate level for the income of the business. A separate tax is then levied on subsequent payments (dividends) paid from the business to the owners. This can lead to double taxation, which is clearly not ideal. Most LLCs shouldn’t have this issue. Typically, LLCs are pass-through entities, so the profits pass directly to the owners. This ensures that the income of the business is only taxed once.

Separation of Business and Personal Property

An LLC can help you keep your business and personal assets separated. Not only does this serve an important liability purpose, but it has other possible benefits as well. Separating your business assets can keep the line between business and personal expenses clear when filing your taxes. It can also help protect against claims of misappropriation of your business funds.

Series LLCs for Kansas

You may not have to hold all your properties under one Kansas real estate LLC. Kansas allows for the creation of something referred to as “series LLCs.” A series LLC is a unique way of adding additional subsidiaries for your company. Normally, if you want to add a subsidiary, you need to go through the entire formation process again. A series LLC allows you to use a streamlined process for adding each new subsidiary. For real estate investors, this may allow you to hold each investment property in a legally separate entity. 

What you need to know before creating a rental property LLC in Kansas

Creating an LLC can be an essential step for  Kansas real estate investors. A limited liability company is often one of the best options for investment properties due to its simplicity. Don’t let that simplicity fool you though, an LLC can be a very powerful tool for managing your rental properties. 

Steps on forming your Kansas rental property LLC

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. 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. 

Transfer ownership of the property to the LLC

If you own an existing investment property, you may need to transfer the deed to the LLC. This is usually done by filing a new deed in the Recorder of Deed’s office for the County the property is located in. For example, if you have an investment property in Kansas City, you would likely file the deed in the Wyandotte County Recorder of Deed’s Office. In some cases, you may need to pay a mortgage registration fee.

Inform the Lender

If you have an existing mortgage or loan on your investment property, it’s probably a good idea to inform the lender of the transfer. Your lender may need you to execute some additional paperwork and the transfer could change the terms or rate of your loan.

Inform Tenants

If you haven’t yet rented your investment property out, you may just need to update any lease or rental agreements you use. If you do have tenants, it might be necessary to inform them of the change in ownership. You may also need to update their existing lease or rental agreement or ask them to execute a new one.

Who should form a rental property LLC in Kansas?

The short answer is that an LLC is a good option for most real estate investors. An LLC can be a simple and effective method of protecting your real estate investments. The flexibility and liability protection offered by an LLC can be useful for separating your investments from your personal assets and from each other. 

When should you form your LLC?

The best time to form an LLC is usually before you purchase an investment property, but the second-best time could be now. The reason it’s ideal to form your LLC first is that the new property can be deeded to the LLC at the time of purchase. Adding an existing investment to the LLC may require some additional steps. Still, the benefits of an LLC often outweigh any burden involved with transferring the assets.

Once you have formed your LLC following the five steps mentioned above, you may also need to take a few additional steps to transfer existing property into your new company.

How we can help

We understand that the process of setting up a rental property LLC in Kansas can seem confusing at first. We want to make this process as easy as we can for you, so you can focus on your business. But easy doesn’t mean incomplete. After we help you get your LLC started, we want to help you keep it running as well. In addition to our formation services, we can help you write your business plan using our Business Plan Template. We also offer our Worry-Free Compliance Service to assist you in staying on top of your reporting obligations. No matter what stage your business is in, we’re here to help.