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Buying in your own name or through an LLC

The LLC is sold as protection and treated as a default. For a first Florida rental it often costs more than it returns — and for your own home it can cost you the homestead exemption entirely.

Updated August 20263 min read

What an LLC actually gives you

Separation. If something happens at the property, the claim is against the entity and its assets rather than against you personally.

That is genuine and it is the reason to do it. What it does not give you, despite how it is often sold:

  • It is not a tax strategy on its own. A single-member LLC is disregarded for federal tax purposes — the income lands on your return exactly as it would without it.
  • It is not privacy in Florida. Ownership records are public, and the entity’s registered agent and members are filed with the state.
  • It is not automatic protection. If the entity is not run as an entity — separate account, separate records, no personal use — the separation can be disregarded.

What it costs

CostScale
Formation and registered agentModest, one-off plus annual
Annual report to the stateEvery year, and missing it dissolves the entity
Separate bank account and bookkeepingOngoing, and required for the protection to hold
FinancingThe real cost

Financing is where the arithmetic changes. Conventional residential lending is generally to individuals. Buying inside an LLC usually means a commercial or DSCR loan — higher rate, more down payment, shorter term. Over a hold period that difference can dwarf the cost of an insurance policy that would have covered the same risk.

Transferring in later has its own trap. Moving a mortgaged property into an LLC after closing can trigger the due-on-sale clause, and it can also be a taxable transfer for documentary stamp purposes in Florida. It is not simply a paperwork step. If the entity matters, decide before you buy.
Before you form anything, tell us what you are buying and how you plan to finance it. We will show you what the LLC costs in rate terms, and introduce you to an attorney if it still makes sense.Talk to usor WhatsApp

For your own home, the answer is usually no

Because Florida’s homestead protections attach to a natural person, not to a company.

Two things are at stake and both are large. The homestead exemption reduces your taxable value and brings the 3% Save Our Homes cap with it. And Florida’s constitutional homestead creditor protection — among the strongest in the country — protects a residence owned by an individual. Holding your home in an LLC risks both, in exchange for a liability protection you can largely buy with an umbrella policy.

The simpler alternative most people should consider first

An umbrella liability policy.

It costs a fraction of the rate premium on entity financing, it requires no bookkeeping discipline to remain effective, and it covers the scenario people form LLCs to worry about. For a first rental it is frequently the better answer — and if the portfolio grows, the entity question can be revisited with a real reason.

We are agents, not attorneys or accountants — and this is exactly the question where you want both. We will bring them into the conversation before you buy, which is when it is still free to change.Talk to usor WhatsApp
Related: the tax mechanisms that do move the number are in how an investor reduces tax on a Florida rental. What the exemption is worth is in the homestead exemption guide.
Where this comes from: Florida limited liability companies are governed by chapter 605 of the Florida Statutes, with annual reports filed with the Division of Corporations. Homestead exemption eligibility is in chapter 196 and requires a natural person’s permanent residence; homestead creditor protection is in Article X, section 4 of the Florida Constitution. Documentary stamp tax on transfers of encumbered property is under chapter 201. Single-member LLC disregarded-entity treatment is federal tax law. Due-on-sale clauses are contractual, with limited exceptions under the Garn-St Germain Act. Nothing here is legal or tax advice.

Perozo Molina Group  ·  +1 689 680 1112  ·  WhatsApp +1 689 680 1112  ·  perozomolina.com

A real estate team at Miami New Realty, a licensed Florida real estate brokerage (licence CQ1020974), 2470 NW 102 PL Suite 107, Doral, FL 33172. This is an estimate, not a quote. The figures come from the sources named on the page this was printed from. Nothing here is tax or legal advice.