Creating a Rental Property LLC in Mississippi

Benefits of creating LLCs for rental properties in Mississippi

Creating an LLC may not be right for everyone. Some people might choose to form a different type of legal entity, such as a corporation or partnership. Others may elect not to form a legal business entity at all.  

Nevertheless, there are a number of benefits associated with setting up your rental property business as an LLC. Some of these benefits include: 

• Personal liability protection
• Pass-through taxation
• Separation of business and personal property 

Series LLCs

Additionally, some real estate investment property owners might be able to form what’s called a series LLC to further protect the business’s assets. A series LLC structure allows you to create one overarching umbrella LLC with multiple “series” LLCs underneath it.

At this time, series LLCs are not permitted in Mississippi. However, for those states that do allow the formation of series LLCs, this can be a great way to obtain limited liability protection for separate rental properties without having to register a separate LLC entity for each property. 

What to know before creating an LLC for a rental property in Mississippi

Before you formally set up a rental property LLC in Mississippi, there are some important things you need to know. By having a general understanding of the basics, you can be more confident in deciding whether forming a Mississippi real estate LLC is the right move for you.  

How to form an LLC for your Mississippi rental property

Step 1: Form Your Mississippi LLC

So, once you’ve decided that forming a rental property LLC in Mississippi is right for you, where do you go from here? Let us help you move forward and navigate the Mississippi LLC formation process. 

Step 2: Transfer ownership of the property to the LLC

After you’ve formed and registered your LLC entity with the state, your next step will be to transfer ownership of the property to the LLC entity. This will require signing a transfer deed and recording it with the county in which the property is located. If applicable, make sure you also pay any requisite title transfer tax. 

However, if you don’t own the property outright and there’s an existing mortgage on the property, you should also inform your lender of your plans to transfer title to the property into the name of the LLC. Sometimes, a lender may need to rework certain terms or rates of the loan or adjust paperwork before the ownership transfer can be completed. 

Step 3: Update existing leases or rental agreements

Lastly, don’t forget to update any existing leases or rental agreements to reflect the ownership change. You should also update your current tenants/renters accordingly so they are aware that the formal owner of the property is now the LLC entity and not you personally.

Who should form a Mississippi LLC for their rental property

Forming an LLC for your Mississippi rental property isn’t required. However, failure to do so can expose you to legal liability. And as a result, this can potentially put your own personal assets at risk. 

Thus, forming an LLC for a rental property in Mississippi can be advantageous for almost anyone looking to lease property within the state. Even if you’re already renting out property without having first set up an LLC, it’s not too late. 

While it’s generally easier and less time-consuming to form the LLC before you start renting it out, you can always set up your Mississippi real estate LLC later on and simply transfer ownership of the property from yourself, in your individual name, to the name of the LLC entity. 

How We Can Help

Owning a rental property can be a lucrative business. But as with any business venture, there will be some risk. Thus, it’s important to take action to protect yourself from potential risks and liabilities that may arise in the future. 

At ZenBusiness, we help business owners big and small as they navigate the business lifecycle. See what we can do to help you start, manage, and grow your business today.