Legal Question in Business Law in Georgia

Business entity

I am starting a real estate investment company. It will begin by acquiring residential properties to lease and as the assets rise it will change its focus to commercial. What business entity will be right for this business--S Corp. or L.L.C.? Will I need a business license?


Asked on 1/30/08, 3:02 pm

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Business entity

There is no clear answer, based on a couple sentences. How many investors, and what are they investing? What is the tax situation of the investors, and what do you want them to be? Will you need to create other entities -- for example, for each property? Will all investors be in a common pool, or will some invest only in specific properties? The list goes on. Your first investment will be to handle all these matters properly from the start. Make sure you retain a lawyer that has significant experience in this area. A significant part of my business is dealing with entities that did not.

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Answered on 1/30/08, 3:12 pm
SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: Business entity

It is impossible to advise you with certainty based on the information that you provided; however, this forum is not really meant for that. This forum lets people know whether or not they are getting into dangerous territory by not getting an attorney and it sounds to me like this may be true in your case because neither of tne entities that you suggest are probably your best option.

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Answered on 1/30/08, 4:54 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Business entity

While I agree with the previous postings, holding real property is generally best done by an LLC because of the tax consequences of appreciation. With regard to a business license, probably yes. Almost every business needs to get a business license.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 1/30/08, 8:36 pm


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