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  • 00:01

    Hi. Lee Phillips.
    Hi. Lee Phillips.

  • 00:03

    I want to talk to you about an issue that comes up quite often
    I want to talk to you about an issue that comes up quite often

  • 00:07

    I deal with a lot of real estate investors
    I deal with a lot of real estate investors

  • 00:10

    and as an attorney they always ask me the question
    and as an attorney they always ask me the question

  • 00:13

    Should I use a land trust to hold my investment property
    Should I use a land trust to hold my investment property

  • 00:17

    and should I have an LLC?
    and should I have an LLC?

  • 00:19

    Should I have a corporation?
    Should I have a corporation?

  • 00:20

    Should it be in my own name?
    Should it be in my own name?

  • 00:22

    What do I do in order to protect my investment property?
    What do I do in order to protect my investment property?

  • 00:30

    I'm going to talk about basically
    I'm going to talk about basically

  • 00:32

    should I put it in the land trust or should I put it in an LLC
    should I put it in the land trust or should I put it in an LLC

  • 00:36

    You could put it in a corporation if it were taxed under subchapter S of the IRS code.
    You could put it in a corporation if it were taxed under subchapter S of the IRS code.

  • 00:42

    You will never have real estate in a corporation taxed under Chapter C of th IRS Code.
    You will never have real estate in a corporation taxed under Chapter C of th IRS Code.

  • 00:50

    A C corporation? The answer's no.
    A C corporation? The answer's no.

  • 00:54

    Maybe an S corporation.
    Maybe an S corporation.

  • 00:56

    But the LLC will give you better asset protection. It has charging orders
    But the LLC will give you better asset protection. It has charging orders

  • 01:01

    and we've got YouTubes on what is a charging order.
    and we've got YouTubes on what is a charging order.

  • 01:06

    The Land Trust, however
    The Land Trust, however

  • 01:09

    a lot of people, a lot of gurus say, oh use the land trust
    a lot of people, a lot of gurus say, oh use the land trust

  • 01:13

    The primary issue of the Land Trust is anonymity
    The primary issue of the Land Trust is anonymity

  • 01:17

    and I've talked about anonymity in some of the YouTube vidoss
    and I've talked about anonymity in some of the YouTube vidoss

  • 01:22

    but the Land Trust does not give you any asset protection
    but the Land Trust does not give you any asset protection

  • 01:26

    and if you back the guru's into the corner they will say
    and if you back the guru's into the corner they will say

  • 01:29

    Yeah, it doesn't give you any asset protection.
    Yeah, it doesn't give you any asset protection.

  • 01:32

    It doesn't matter whether you make your LLC the beneficiary
    It doesn't matter whether you make your LLC the beneficiary

  • 01:36

    or what it does
    or what it does

  • 01:37

    the Land Trust doesn't give you any asset protection
    the Land Trust doesn't give you any asset protection

  • 01:40

    end of discussion.
    end of discussion.

  • 01:41

    Period. It's a revocable trust.
    Period. It's a revocable trust.

  • 01:48

    So do you put it in the Land Trust or the LLC?
    So do you put it in the Land Trust or the LLC?

  • 01:53

    I would use an LLC.
    I would use an LLC.

  • 01:54

    No, it gives you no anonymity,
    No, it gives you no anonymity,

  • 01:56

    But it does give you legal asset protection through the corporate shield and through the charging orders
    But it does give you legal asset protection through the corporate shield and through the charging orders

  • 02:03

    and we've discussed those, like I said, in other YouTube videos.
    and we've discussed those, like I said, in other YouTube videos.

  • 02:09

    However, the Land Trust is easier.
    However, the Land Trust is easier.

  • 02:12

    I don't have to pay a state fee
    I don't have to pay a state fee

  • 02:13

    I don't have to register anything
    I don't have to register anything

  • 02:15

    I don't have to do anything
    I don't have to do anything

  • 02:17

    just have the Land Trust
    just have the Land Trust

  • 02:19

    and title the property.
    and title the property.

  • 02:22

    Additionally, the LLC has maintenance.
    Additionally, the LLC has maintenance.

  • 02:28

    You have to hold your meetings
    You have to hold your meetings

  • 02:30

    and file your state papers every year
    and file your state papers every year

  • 02:32

    and do all this sort of garbage.
    and do all this sort of garbage.

  • 02:34

    Land trust? No maintenance.
    Land trust? No maintenance.

  • 02:37

    The state fees I kind of alluded to,
    The state fees I kind of alluded to,

  • 02:40

    no state fee in a land trust.
    no state fee in a land trust.

  • 02:42

    State fees with LLCs.
    State fees with LLCs.

  • 02:45

    California, New York, New Jersey "them foreign countries"
    California, New York, New Jersey "them foreign countries"

  • 02:50

    they're expensive.
    they're expensive.

  • 02:52

    Every year $850 bucks in California.
    Every year $850 bucks in California.

  • 02:57

    So I've actually recommended to some people in California
    So I've actually recommended to some people in California

  • 03:02

    let's use the land trust.
    let's use the land trust.

  • 03:04

    Use your land trust,
    Use your land trust,

  • 03:05

    it's gonna save you a lot of money,
    it's gonna save you a lot of money,

  • 03:07

    and take that money, take that 850 bucks
    and take that money, take that 850 bucks

  • 03:12

    add it to your property casualty umbrella
    add it to your property casualty umbrella

  • 03:16

    your insurance policies
    your insurance policies

  • 03:18

    and you will get better asset protection
    and you will get better asset protection

  • 03:22

    in all likelihood
    in all likelihood

  • 03:24

    So yeah, do I use land trusts. Not usually.
    So yeah, do I use land trusts. Not usually.

  • 03:28

    Are they bad? No.
    Are they bad? No.

  • 03:31

    But on the other hand
    But on the other hand

  • 03:33

    they're not always what they're cracked up to be
    they're not always what they're cracked up to be

  • 03:36

    when you talk to the gurus about land trusts.
    when you talk to the gurus about land trusts.

  • 03:40

    So I would lean towards the LLCs if possible
    So I would lean towards the LLCs if possible

  • 03:44

    That's Lee Phillips's opinion.
    That's Lee Phillips's opinion.

  • 03:47

    And I have very good friends who are gurus
    And I have very good friends who are gurus

  • 03:50

    that use land trusts
    that use land trusts

  • 03:51

    and we argue about it toe to toe
    and we argue about it toe to toe

  • 03:55

    but my thoughts on it anyway.
    but my thoughts on it anyway.

All noun
lee
/lē/

word

The side of something that is sheltered from the wind

Land Trust vs LLC to Hold Property

26,534 views

Video Language:

  • English

Caption Language:

  • English (en)

Accent:

  • English (US)

Speech Time:

97%
  • 3:55 / 4:01

Speech Rate:

  • 140 wpm - Conversational

Category:

  • Education

Intro:

Hi. Lee Phillips.. I want to talk to you about an issue that comes up quite often
I deal with a lot of real estate investors. and as an attorney they always ask me the question. Should I use a land trust to hold my investment property
and should I have an LLC?. Should I have a corporation?. Should it be in my own name?. What do I do in order to protect my investment property?
I'm going to talk about basically. should I put it in the land trust or should I put it in an LLC
You could put it in a corporation if it were taxed under subchapter S of the IRS code.
You will never have real estate in a corporation taxed under Chapter C of th IRS Code.
A C corporation? The answer's no.. Maybe an S corporation.. But the LLC will give you better asset protection. It has charging orders
and we've got YouTubes on what is a charging order.
The Land Trust, however. a lot of people, a lot of gurus say, oh use the land trust
The primary issue of the Land Trust is anonymity.

Video Vocabulary

/prəˈtekt/

verb

keep safe from harm or injury.

/ˈprīˌmerē/

adjective noun verb

Most important, most basic or essential. preliminary election. run as opponent of incumbent in preliminary election.

/ˈ(h)weT͟Hər/

conjunction

expressing doubt or choice between alternatives.

/ˌanəˈnimədē/

noun

When no one knows your identity.

/inˈves(t)mənt/

noun

action or process of investing money.

/CHärj/

noun verb

Putting electricity into a battery. To put electricity in a battery.

/ˌkôrpəˈrāSH(ə)n/

noun

company or group of people authorized to act as single entity legally person and recognized as such in law.

/əˈtərnē/

noun

person appointed to act for another in business or legal matters.