New Port Richey, FL asked in Real Estate Law and Tax Law for Florida

Q: I have an LLC owned by my trust. Does it make sense, tax purposes wise, to rent my home to my company?

Related Topics:
1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
Answered
  • Orlando, FL
  • Licensed in Florida

A: Having an LLC in a Trust is a bad idea for starters, now all the assets in Trust are also exposed to any liability that arises related to the LLC. Also, renting your home to Your LLC is also a terrible idea, now your home and LLC and entire trust are exposed to potential liability and you may have impacted or ended any Homestead Protections that your home may have had under Florida Constitution and Laws. Keep Business, Homestead and Personal life separate, you are commingling everything and potentially exposing everything. I would advise that you also speak with your tax preparer as well to address any perceived tax savings you believe you may be creating aside from all the liability issues and exposure you are creating. I will further note, any LLC should also not be a single member LLC, (Look up piercing corporate veil laws in Florida for further insight and reference on issues that could potentially arise).

Anthony M. Avery agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.