… There are a few entity types you can use to set up a rental property business in Wyoming, but the most popular choice is setting the business up as a limited liability company (LLC).
As a Wyoming rental property owner, you want to protect your property and yourself as best you can. Occasionally, this means forming a limited liability company (LLC) or other business entity to help manage investment properties or rental income. Savvy property owners will also form a rental property LLC in Wyoming as a way to limit their liability and protect their assets.
The benefits of forming an LLC are immense for real estate investors for a fairly low cost. When you use our services to form your Wyoming LLC, we can make the process quick and easy. And after formation, our other products and services can help make running your rental property business as smooth as possible.
Forming an LLC typically involves:
When selecting a name for your LLC, be sure to choose one that meets state requirements. We can do a search for you to see if the business name you want is available. If it is, let us reserve the name while you get the filing paperwork together.
Businesses in the state are required to appoint a registered agent. This person is responsible for receiving important documents on behalf of the LLC, such as state correspondence and legal notices. If you need a registered agent, we can help you find one.
To officially form your rental property LLC, you need to file a Certificate of Organization with the right state office and include the appropriate filing fee.
Your LLC’s Operating Agreement is one of your most important business documents. It governs how your LLC runs and provides instructions for anything from voting procedures to dissolving the company altogether. If you’re not sure how to create an Operating Agreement, we offer templates that can serve as a guide.
The IRS assigns businesses a nine-digit EIN that is used to identify their enterprise. Having one is necessary for certain business matters, such as opening a business bank account, hiring employees, and getting financing. You can apply for an EIN yourself on the IRS’s website, or we can do it for you with our EIN service.
If you form your LLC before purchasing your property, you can skip this step. However, if your name is on the title to your rental home, you’ll need to transfer the title of the property to your LLC once it’s formed. To accomplish the transfer, file the revised deed with the proper city or county authority. You may also need to pay a title transfer tax, if applicable. Your local tax authority or county assessor’s office can provide you with more information.
If there’s an existing mortgage or loan on the property, you’ll need to inform the lender of the change. The bank may want to revise the loan agreement. Because the point of having the LLC is to separate your personal assets and business assets, the bank may have additional questions. This is another reason why forming your LLC before buying property makes your life easier.
If you formed your LLC before you bought and leased out your property, then you’re good to go. You’ll just need to set up your lease agreements to ensure that your renters pay rent to the LLC and not to you personally. However, if you formed your LLC after you purchased and leased your property, be sure to inform all current tenants or renters of the ownership change. You’ll then need to edit your lease agreement to reflect the change.
One reason real estate investors choose to create a rental property LLC in Wyoming is to limit their personal liability. If you form your rental property LLC in Wyoming and don’t personally guarantee the company’s debts, you can’t be held personally liable for them. This is one key way that rental property owners protect their personal assets when choosing to set up limited liability companies.
A rental property LLC in Wyoming also offers real estate investors pass-through taxation. Pass-through taxation means that property owners are taxed at their personal income tax rate instead of a corporate income tax rate. There may also be certain LLC tax incentives in your city or county. Make sure to check with your local government and tax commission.
Another way that an LLC can protect real estate investors is by separating business property from personal property. Separating liability for business assets from personal assets and debts can be key to your personal and professional success.
A series LLC is a good idea for those who plan to own several rental properties. Wyoming is one of only 18 states that allow the creation of series LLCs. A series LLC is similar to a holding company. It allows a real estate investor to form one LLC and have an unlimited number of members with separate books and records “under the umbrella” of the main entity.
Forming a series LLC is similar to forming a regular LLC. However, the form and format ask an applicant to specify the details of the “series” of members. The Wyoming Secretary of State’s Office can address any questions you may have about series LLCs.
Any investment property owner looking to establish or continue renting their properties for vacation or residential purposes should consider forming an LLC. Most investors consider it easier to form their LLC before purchasing rental properties. If you create the LLC first, then you can buy the property under the LLC’s ownership. If you do this, then the rental property is held in the LLC’s name. Having your investment property held in the LLC’s name from the start can streamline your workload and property management operations. We’ll explain how forming the LLC first makes your life easier below.
We can help you quickly and easily form your rental property LLC in Wyoming so you can get to work faster. Our suite of business services helps connect real estate investors like you with the practical information you need to run your business smoothly.
Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
Wyoming LLC for Rental Property FAQs
A rental property LLC in Wyoming can help separate your personal assets from your business assets, limit your liability, and create certain tax benefits for your rental property business.
You can name your LLC nearly anything you like. In Wyoming, you need to include the words “limited liability company,” “LLC,” “LC,” “Ltd,” or something similar in the name to indicate that your company is an LLC. Otherwise, you can be very creative.
It depends. If your rental property is in Wyoming and you are only doing business within Wyoming, you may not need to register elsewhere. Check with the Secretary of State of your home state or a lawyer you trust to confirm.
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