Forming a Corporation for Family-Owned Properties

When siblings decide to manage multiple family-owned properties, forming a corporation can be a smart move. This blog post examines this process’s benefits, steps and key points. Knowing these details can help you make an informed choice that protects your assets and makes property management more effortless.

Benefits of forming a corporation

Creating a corporation, such as an LLC (limited liability corporation), offers several good points:

• Liability protection: Your assets stay safe from any legal claims or debts tied to the properties.
• Tax benefits: Corporations can deduct property expenses and may get lower corporate tax rates.
• Clear ownership structure: A corporation clearly shows each sibling’s share, which helps stop disputes.

These benefits can significantly improve how you manage and protect family-owned properties.

Steps to form a corporation

To form a corporation in Florida, consider these steps:

• Choose a business structure: Decide if you want an LLC, S corporation or C corporation. Each has different tax effects and rules.
• File articles of incorporation: Send the needed papers to the Florida Department of State.
• Create an operating agreement: Write a contract that spells out each sibling’s duties, tasks and shares.
• Transfer the property: You must legally move the property title to the corporation, which may need more papers and fees.

These steps ensure you set up the corporation correctly and follow Florida laws.

Legal and tax considerations

When you move family-owned properties to a corporation, consider:

• Lease agreements: Ensure full lease agreements if you rent out the properties.
• Sales tax: Florida charges a sales tax on commercial rent, which affects your financial plans.
• Compliance: You must follow local regulations and the Florida Residential Landlord and Tenant Act.

Knowing these legal and tax considerations helps you handle the complex parts of property management.

Management and succession planning

Good management and planning matter a lot for family-owned corporations.

• Decision-making: Set clear rules for how to make decisions and resolve problems.
• Succession planning: Plan for future changes in ownership, such as what happens if a sibling wants to sell their share or dies.

Good management and succession planning ensures the long-term success and strength of the corporation.

Forming a corporation to manage family-owned properties can bring significant benefits, but you must know the legal and tax effects. Talking with a lawyer can help you pick the best setup for your family’s needs.

Our firm helps families and businesses transfer properties and form a corporation. Contact us for a consultation.