Austin, TX asked in Real Estate Law, Business Formation and Business Law for Ohio

Q: How do my husband and I create a 2 person member LLC for a rental property?

We are not running it like a true business, we have no employees, just collecting rents. It appears there are different rules for a community property vs. non-community property state (Ohio). We are just wanting something simple not having to create a partnership or joint venture, is this possible? We don't want an EIN for our taxes, just pay under one of our SS#. Please advise, thank you.

1 Lawyer Answer
Joseph Jaap
Joseph Jaap
  • Cincinnati, OH
  • Licensed in Ohio

A: An Ohio LLC can be created on-line with the Ohio Secretary of State. But you should retain a local attorney in OH to discuss setting up and operating the LLC properly and property ownership. You also should consult your tax advisor regarding the different options that can be elected for federal income taxes and other tax issues, including OH state taxes. Those depend on your particular tax situation. Use the Find a Lawyer tab to consult a local OH attorney where the property is located.

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