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purchasing condo in LLC name

Started by bluesmap
about 12 years ago
Posts: 7
Member since: Oct 2012
Discussion about
I am looking to make a purchase this year either 1) in the name of an LLC or 2) transfer ownerhship to the LLC. Is this a relatively simple process? does it require board to allow the transfer of ownership to LLC? Thanks
Response by AKSEL
about 12 years ago
Posts: 22
Member since: Nov 2013

Purchasing in the name of an LLC should not be a problem. You will most likely have to provide the incorporation docs and some resolution authorizing the LLC to be involved in the transaction.

Transferring to an LLC at a later date might be a bit more difficult and may require board approval and/or approval from your lender (if you are borrowing.)

Always easier to take care of everything at or before you get to the closing table as opposed to later down the line.

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Response by csn
about 12 years ago
Posts: 450
Member since: Dec 2007

Getting a mortgage under an LLC is more difficult and usually the rate is higher because banks do not offer them. If you purchase under your name and then transfer to an LLC and the bank finds out, they can call the loan. Be careful.

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Response by AKSEL
about 12 years ago
Posts: 22
Member since: Nov 2013

csn makes a very good point.

I have however represented a client who borrowed in her own name and received permission from her bank to take ownership in the name of a trust. Not sure if it would be as easy with an LLC but you can always discuss with your lender.

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Response by Snuffles
about 12 years ago
Posts: 173
Member since: Apr 2010

wasn't there talk to make abatements or tax exemptions not apply also if you are an LLC? dunno if that ever came through or not.

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Response by vslse65
about 12 years ago
Posts: 226
Member since: Feb 2011

"Always easier to take care of everything at or before you get to the closing table as opposed to later down the line." +1

We use C corps (all cash though). As AKSEL mentioned, make the decision before closing. Ask the condo via magmnt company. If you're financing, ask a mortgage banker/broker. And of course, speak with a RE attorney and accountant.

Highly recommend seeking professional advice.

Good luck with your purchase.

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Response by AKSEL
about 12 years ago
Posts: 22
Member since: Nov 2013

Snuffles, you are also correct. As of July 1, 2014, LLC's will most likely not be eligible to receive the coop/condo abatement since it goes against the notion that the owner must be the primary resident of the Unit.

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Response by gcondo
about 12 years ago
Posts: 1111
Member since: Feb 2009

I still want to know why primary residency should have anything to do with the abatement. how about, ownership?

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Response by AKSEL
about 12 years ago
Posts: 22
Member since: Nov 2013

One theory floating around is the City's incorrect assumption that LLCs are only used by more affluent individuals who don't really need the tax breaks.

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Response by Junky
about 12 years ago
Posts: 19
Member since: Dec 2011

http://www.nyc.gov/html/dof/html/property/coop_condo_abatement.shtml

You have to be the primary owner. LLC do not appear to get the tax break.

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