Foreign.
Speaker BYou're listening to the Master Passive Income Podcast Network.
Speaker BWelcome to the Master Passive Income Show.
Speaker BMy name is Dustin Heiner and I'm here to help you quit that job, that just over broke job, by investing in real estate and never work a job again.
Speaker BToday I'm super pumped to bring on an expert who is fantastically amazing at asset protection, getting you out of paying taxes legally.
Speaker BAnd, and he's going to show us how we can.
Speaker BNo, let me take that back.
Speaker BShow me how I could do it better and show you how you can protect your assets, get out of taxes like the rich do.
Speaker BAll right, let's start the show.
Speaker CWelcome to the Master Passive Income Podcast where we talk about investing in real estate with a special focus on making enough money so you can quit your job and live the dream life.
Speaker CAnd now here is your host, Dustin Heiner.
Speaker BWhat's up?
Speaker BSuper blessed as always to have you here with me on the show.
Speaker BNow I gotta tell you, growing up, my stepdad always taught me to do things right the first time.
Speaker BAnd you maybe have heard the saying, if it's worth doing, it's worth doing right.
Speaker BWell, I a hundred percent agree with that.
Speaker BAnd taking back what my stepdad told me when I was really, really young, if you're going to do it, do it right the first time.
Speaker BWell, I am now.
Speaker BI'm having to do a lot of stuff over again.
Speaker BNow when I say that, because I've been investing since 2006.
Speaker BIn fact, in 2006, I first started an S corporation.
Speaker BLiterally started an S corporation.
Speaker BOh, wait, wait, hold on, pause.
Speaker BI was just told by my friend Justin who listened to this podcast, he told me, I says I use the word literally a lot.
Speaker BAnd then I realized, oh my goodness, I say literally, like literally all the time.
Speaker BI'm just kidding.
Speaker BBut anyways, I wanted to throw that out there.
Speaker BI'm going to try my best not to say funny words like that, that repeating words like literally all the time.
Speaker BBut who knows, it might come out.
Speaker BBut this is what happened.
Speaker B2006, I started an S corporation to, to buy real estate because I had no clue what I was doing.
Speaker BBut then I realized once I learned a little bit, talked to an accountant and a lawyer, not really the best ones, but talked to some of them, they said, don't use S corporation, use an llc, that's a pass through entity.
Speaker BAnd it's like, great.
Speaker BSo I started creating a bunch of LLCs for all my properties.
Speaker BAnd so now that's the path that I've got.
Speaker BI don't know, 10 +LLCs.
Speaker BAnd I'm not necessarily that protected.
Speaker BAnd this episode I bring on an accountant, somebody who also knows all this legal stuff, how they set everything up.
Speaker BRight.
Speaker BThey're such a great company.
Speaker BThey flew me out to Las Vegas, got to hang out with them, see their operation, because I was like, you know what?
Speaker BIf I'm going to be trusting a company to do all of my personal asset protection, taxes and all that sort of stuff, I really want to meet them, see their operations.
Speaker BAnd if I'm going to be bringing them on the show to be a part, they're not sponsors or anything.
Speaker BThere's a company that is really, really good that I really, really like.
Speaker BThey didn't pay me any money to be on the podcast.
Speaker BWell, I wanted to meet them and I wanted to make sure that they knew what they were doing.
Speaker BThey've been doing this for like 30 plus years.
Speaker BAnd they have a lot of case law showing the process of which they set everything up.
Speaker BI'm not going to get into what they told me, but here's the great thing about having a podcast.
Speaker BI use my podcast to get knowledge and get understanding from other people.
Speaker BSo in this episode, I'm literally asking, okay, here's what I have.
Speaker BI have 30 plus properties.
Speaker BI have X, Y and Z.
Speaker BWhat do I need to do now?
Speaker BSo instead of being like metaphorical or like, well, what about this?
Speaker BNo, I literally said if I'm there.
Speaker BI said, literally, sorry.
Speaker BI told them or told Adam, who was.
Speaker BI'm interviewing.
Speaker BI said, adam, this is what I have.
Speaker BWhat do I got to do?
Speaker BHe said, no problem.
Speaker BThis is what we do.
Speaker BWe've done this many, many times.
Speaker BSet up this, set up this, set up this.
Speaker BWell, this company is so fantastic.
Speaker BIn fact, they've helped so many people to set up their LLCs, do asset protection, creating trusts, getting out of taxes, legally, all that sort of stuff.
Speaker BAnd they're doing it for me.
Speaker BAnd I thought, if I'm going to have them do it for me, I want to have them do it for you.
Speaker BAnd I even talked them into giving you a big discount.
Speaker BIt's like 3 or $400 off of their package to get asset protection.
Speaker BSo this is what I'm doing.
Speaker BAnd when I said I started the this episode, I hate doing things wrong the first time.
Speaker BIn fact, I was taught to do it right the first time.
Speaker BWell, now this is like the fourth time I'm having to redo everything because I'm now finding the right way to do it.
Speaker BIn setting up the LLC structure trusts, we're setting up land trusts as well in doing my taxes and all that stuff.
Speaker BSo this company, they take care of every bit of asset protection as well as all the taxes.
Speaker BAnd I talk them into getting you a huge discount on setting up your LLC because I want you not to do what I did where set it up wrong the first time, then set it up wrong the second time and third time and then do it right the fourth time.
Speaker BNo, I want you to do it right the first time.
Speaker BUse this company to set up because I'm doing it myself.
Speaker BBut you obviously do own due diligence.
Speaker BMake sure that the right company from you.
Speaker BThe right company for me is this company.
Speaker BIt's nch.
Speaker BBut I've worked out Nevada corporate headquarters.
Speaker BI've worked out a special link that if you use this link it'll give you, I don't know, three or four hundred dollars off of their LLC creation package.
Speaker BIt's so comprehensive that you are absolutely going to get taken care of.
Speaker BI think they even give you like a free consultation.
Speaker BThey give you like a free six months of like lawyers and attorney.
Speaker BAnyways, there's, it's really, really awesome, really great stuff.
Speaker BIf you go to MasterPassiveIncome.com NCH Nevada corporate headquarters is the company MasterPassiveIncome.comNCH well, I'm bringing on these guys.
Speaker BThey're going to be at the real estate wealth builders conference to teach even more how to do this.
Speaker BBut this is a fantastic walkthrough.
Speaker BTrust me, you want to do it right the first time.
Speaker BI've spent so many like thousands of dollars do it wrong where now I'm having to do it again and hopefully this is the very last time.
Speaker BAnd honestly, what these guys have been doing for 30, 40 years and more than likely I'm never going to do this again because it's all going to be done right.
Speaker BSo set up everything right before you start buying properties because you guys know we build the business.
Speaker BWe make sure we build the business first, hire the experts to do the work.
Speaker BAnd honestly I'm finding the experts and I'm bringing them to you.
Speaker BSo go to masterpassiveincome.com NCH they will help you out, give you a free consultation, show you how to do all this sort of stuff and they'll even do it for you if you need them to.
Speaker BNow let's jump into today's show where I bring in on the expert in asset protection, taxes and everything, Adam kindite from NCH Nevada corporate headquarters.
Speaker AAdam, thank you so much for being on the show.
Speaker CYeah, thank you for having me.
Speaker CSo that when I look at the asset protection side of things, I just remind people all the time.
Speaker CI hear people say, well, just get a good insurance policy and you'll be fine.
Speaker CThis morning my mom called and my father had passed away and she's got a little house and she'll be traveling a lot and wants to Airbnb it.
Speaker CShe said, adam, do I really need an LLC for this?
Speaker CI said, mom, we're going to talk when I get home.
Speaker CBut absolutely, because accidents happen and at 70 years old, I don't want you going to lose everything.
Speaker CThe cost of litigation is ridiculous.
Speaker COf course, keep good insurance, but there's just so many things that happen that insurance won't pay or won't pay enough.
Speaker CAnd that's where getting LLC is and trust set up properly really makes a big difference now.
Speaker ASo thinking about being a real estate investor.
Speaker ASo I have 30 plus properties, I have apartment complexes, hotels that I invest in as well.
Speaker AAnd so looking at the breadth of everything, I didn't start there though.
Speaker AI started with, you know, just one home and then love playing Monopoly growing up.
Speaker ASo every single time I started thinking like, how do I now play Monopoly in real life?
Speaker AYou know, know, scaling up and the first property that I bought, I just assumed that you didn't really need it.
Speaker AJust get insurance would.
Speaker AIf somebody's starting out, what's the right path to go for buying a property?
Speaker AEither putting your name, getting llc like you said it to your mom, but what are your thoughts?
Speaker ALike if somebody's getting started, how do we start?
Speaker CYeah, so in it really depends on the financing that you're doing.
Speaker CSo normally if I'm going to get a 30 year fixed rate mortgage and generally get better rates doing a 30 year fixed rate mortgage, then I'm going to buy the property using my name and my credit and now it's in my name.
Speaker CBut my job, the money I make from my job, my wife's income, my home that I live in, it's all at risk.
Speaker CSo this is where just getting the LLC set up is the way to do it.
Speaker CJust to create that corporate veil between you and your business assets or your investments.
Speaker CWell, if we quick claim the property into an llc, you just violated the mortgage agreement.
Speaker CAnd as soon as the bank sells the mortgage or does an internal audit, they see your name is not on record.
Speaker CThey could always invoke the due on sale clause and call the mortgage due.
Speaker CAnd then you'll hear a lot of experts say, well, every property needs its own llc.
Speaker CSo if there's a problem with one, it will not affect the other.
Speaker CSounds nice.
Speaker CTurns into a night long, a lot of work.
Speaker CSo instead what we do, we're focusing on residential property.
Speaker CFourplex, triplex duplex, single family home, townhome, condo.
Speaker CWe use land trust, become real estate privacy trust.
Speaker CIt's like a land trust on steroids.
Speaker CIt separates the liability of each property without having to have a bunch of llc is the trust has no bank account?
Speaker CNo.
Speaker ASo the property is owned by an individual land trust.
Speaker AOkay.
Speaker CThat land trust has two types of beneficiaries.
Speaker CA lifetime beneficiary.
Speaker CDuring the course of your lifetime, the beneficiary or the owner of that land trust is an llc.
Speaker CThe death time beneficiary.
Speaker CUpon your death, the beneficiary becomes your family trust, which says the property is going to your children or whoever you've named as beneficiaries.
Speaker CBut doing it this way.
Speaker CThere's a federal law, it's called the Garn St.
Speaker CGermain act of 1982.
Speaker CWhen we put property into a trust, by law, the bank can do nothing.
Speaker CThey cannot invoke the due on sale clause.
Speaker CSo a trust by itself doesn't provide any protection, but combining it with a Nevada or Wyoming llc, we get the very best legal protection.
Speaker CAnd you truly become the worst nightmare of these contingency fee attorneys because they can't get paid.
Speaker AWell, we're in Vegas right now.
Speaker ASo I'm literally on set here in Nevada, in Vegas, and I'm driving from where I'm at my hotel to this headquarters that you guys are at your office.
Speaker AAnd I kid you not, I counted at least eight different.
Speaker AAnd this wasn't a long drive, is maybe a mile, two miles, eight different signs for accident attorneys everywhere.
Speaker AAnd so we know we live in a very litigious society where people just are fine to sue.
Speaker AOkay, so want to protect ourselves.
Speaker ABut let me understand this.
Speaker ASo if somebody's going to buy a property, we put that in a land trust and then the land trust, we have an LLC that's outside of that does everything.
Speaker AOkay, let's say we have five properties.
Speaker AMaybe break it down for some reason, like every time that I listen to how to do gets convoluted in my head, like literally does.
Speaker ASo let me, let's break it down.
Speaker ALet's say I have five properties and then do we have five different trusts and then one LLC for all of them?
Speaker AHow does that Work out.
Speaker CYeah, great question.
Speaker CSo.
Speaker BAnd I want to pause for just a quick second and say thank you so much for listening to the show.
Speaker BIf you've gotten anything out of the show, I would appreciate it if you went to anywhere that you listen to, say Apple or Spotify or wherever and leave a 5.
Speaker BHonestly, I really appreciate you leaving an honest review.
Speaker BI just love giving all this information out and I want to see you succeed.
Speaker BAlso, send this to one person.
Speaker BJust tell one person and say, hey, Dustin wants to help a million people to invest in real estate.
Speaker BYou need to listen to this because it's going to change your life.
Speaker BLastly, get my real estate investment course completely for free.
Speaker BText the word rental.
Speaker BR E N T A L rental to 33777.
Speaker BRental to 33777.
Speaker BI'll literally give you my course showing you everything in the business so that you can become financially independent.
Speaker CThink of it as an umbrella.
Speaker CAt the top of the umbrella we have the llc.
Speaker AOne llc.
Speaker COne llc.
Speaker AOkay.
Speaker CWe're organized under, usually we organize under the laws of Wyoming.
Speaker CWe register with whatever state your properties are in that one llc as a.
Speaker AForeign entity, you're saying register rent.
Speaker AGot it.
Speaker AOkay.
Speaker CAnd then below that, every one of your properties has its own land trust.
Speaker CWe have the one, two three Main Street Trust, the 707 Oak Street Stuff Trust.
Speaker CEach property gets its own land trust that separates the liability of each property without having to have a bunch of llc.
Speaker CSo I have one llc, one checking account.
Speaker CIt collects the rent, pays the expenses, whatever is left, write yourself a check.
Speaker CVery simple to set up, very simple to maintain.
Speaker CAnd the reason I like doing it this way is it is truly manageable, scalable and financially efficient.
Speaker AHmm.
Speaker CNow I will note that, that the using the land trust, the real estate privacy Trust, this is only for residential real estate.
Speaker C4 Plex, triplex duplex, single family home, townhome condo will use for units and below.
Speaker AYes, got it, got it.
Speaker ABut for commercial properties, which we can.
Speaker AI definitely want to touch on that because as I share with all of my audience to investors and students, there's a roadmap that we do as real estate investors.
Speaker ASo you start, basically you need to prove to yourself that it works.
Speaker ASo zero to five properties, you're basically a mom and pop or a beginner real estate investor.
Speaker AThen you start getting, realizing I need to now scale.
Speaker ASo you get out of being a beginner to being a business owner or a scaler in your business.
Speaker ASo you go from six to hopefully 20 properties and we got to Scale and utilizing something like this is going to help us to scale faster and not have so much red tape that we have to go through or you know, just organizing things.
Speaker ABut then after that we be out of becoming the scaler to business owner.
Speaker AThen we become an investor, the investor.
Speaker AWe now have more money than time and so we're like, well, you just need to start investing in other things.
Speaker AAsset classes being commercial is fantastic.
Speaker AOkay, so let me get this right.
Speaker AWe have one LLC with these trusts.
Speaker ANow I've always been told you have one LLC per property.
Speaker AI would also tell my students, well, I personally like to have not one.
Speaker ALike if you have $100,000 home, it's not the best use of time and effort.
Speaker AIf you had one LLC for one property, that's $100,000.
Speaker AThat's a lot of work.
Speaker ASo what I've done in the past is I put out one LLC that has, let's say five properties.
Speaker ATotal equity that doesn't have a mortgage would be like $304,000.
Speaker ASo if one LLC is attacked, you know, lawsuit, then they can just get the 3 or $400,000 in equity.
Speaker ABut this way how do we protect?
Speaker ABecause it seems like the LLC is what protects.
Speaker ABut if each one's in all five are in a trust and you have an llc, how do they, do they not get past the trust and not get to the LLC that owns the or trustee or beneficiaries of all the other trusts?
Speaker CYes, this is, that's a really good question.
Speaker CSo that one trust is all they can sue is a slip and fall.
Speaker CAt 123 Main street they go out and hire an attorney.
Speaker CThe attorney looks to see who owns a property and they're going to see the 1, 2, 3 Main street trust strike one.
Speaker CThe attorney at that point is probably saying, hey listen, this is not the low hanging fruit that we're looking to go after.
Speaker CBut if they do proceed, these trusts have the lifetime beneficiary which is not on public record.
Speaker CThere is nothing on public record that.
Speaker AShows it's not a recorded document of the county.
Speaker CYeah.
Speaker COr other properties.
Speaker AYep.
Speaker CWhich.
Speaker CSo it only allows them attack that one trust.
Speaker CAnd there's different options on what we do.
Speaker CI could take those other four trusts, assign my beneficial ownership to another llc.
Speaker CI didn't sell the property.
Speaker CI'm not committing fraudulent conveyance or fraudulent transfer.
Speaker CI'm just changing beneficial ownership to isolate the problem.
Speaker CThat's one option to remind me, you know, talking about three to five properties and typically I would tell you if you're going to hold title directly in the name of the LLC, that is the rule I follow.
Speaker CThree to five properties per LLC, no more than $1 million of fair market value per LLC, never makes commercial with residential.
Speaker CAnd it really boils down to your risk tolerance level and total age you want in that basket in the financing.
Speaker CAlso, because if I'm doing like a DSCR loan or a private money loan, I'm not doing a 30 year fixed rate mortgage.
Speaker CI could go ahead and just get the loan in the name of the llc, close on it, and then move it into a land trust.
Speaker CSo again, we're separating that liability.
Speaker CBut it reminds me of this.
Speaker CI was teaching a class in Newark, New Jersey and explaining this structure.
Speaker CAnd at the end of class, a guy comes up, he says, adam, we need to talk.
Speaker CHe said, I've got 21 properties.
Speaker CThey're all, at that time, they're all, this is back in 2015, each property was between 3 and 500,000, all free and clear.
Speaker CThe guy that owned all of it, 65 years old.
Speaker CAnd every time he bought a new property, he would just go order a new LLC, file the, pay the one 25 bucks with the New Jersey Secretary of State, open up a checking account, get an ein number.
Speaker ASo much work.
Speaker ASo much work.
Speaker AYeah.
Speaker CSo he does this and he says, adam, I've got a problem right now at a squatter where one of my properties was vacant.
Speaker CThere's a squatter, she was drunk and high, slipped and fell and broke her leg and filed a lawsuit.
Speaker CAs you were saying, you come in, you saw these contingency fee attorneys.
Speaker CThey are every everywhere online.
Speaker CTikTok you, you name, they're always advertising.
Speaker CIf we don't win, you don't pay a die.
Speaker CSo what happened?
Speaker CThe guy files a lawsuit or the lady files the lawsuit and.
Speaker CExactly.
Speaker CThe problem was they sued the one llc.
Speaker CWell, as soon as the attorney was deciding whether or not he would take the case.
Speaker ACan I figure out what else?
Speaker CYeah, 10 minutes to figure out.
Speaker CThis guy owned 20 other LLCs.
Speaker CAnd because they were set up in New Jersey, we don't get this law called charging order protection.
Speaker CAnd statistically the corporate bail gets pierced almost 50% of the time.
Speaker CSo it's literally a coin flip as to whether or not they're going to sue that llc, but they're also going to sue you as the owner of the llc.
Speaker CYou get brought into a deposition.
Speaker CAnd remember, failure to disclose is a felony.
Speaker CSo you must list that you own all other quentie llc and now everything is at risk.
Speaker CWhat a complete waste of time and money to do those separate LLC for all those.
Speaker ASo I'm quickly interrupt because I want you to keep going.
Speaker ASo it because we've all, everybody like attorneys, they always say get an llc, get an llc, get an llc.
Speaker ABut you're saying yes, get an llc.
Speaker ABut you have to also do something else which is the land trust which is another thing that actually keeps people.
Speaker ABecause lawsuits are only because a lawyer says yes, I will take that case because I see a lot of money out there on the table.
Speaker AThere's only one property and they can't see the other properties.
Speaker ALike it's not worth my time.
Speaker AOf course you, you broke your neck, whatever, blah blah, blah.
Speaker AI believe in the heart for you but I'm not going to make any money so I'm not going to do it.
Speaker ASo if you are able to guard that.
Speaker AWow.
Speaker ASo get back, get back to that story.
Speaker ASo you now have.
Speaker ABecause I literally have like 7 LLC.
Speaker AI follow what the photocope, you know people say on Instagram and TikTok 7 LLC.
Speaker ALike you know, let's say five properties here, five properties here, blah blah, blah, that I'm the owner on all of them.
Speaker AAnd so I'm looking at this like wow, I have a lot that people can find or a lawyer then they can find and hopefully not come after but they might want to.
Speaker CYep.
Speaker CSo that.
Speaker CSo in your situation with all of your different properties, again you have the option of moving those properties into individual land trust under that llc.
Speaker CNow where the LLC is formed is so very important and I'm sure our audience have heard people say incorporate in Delaware, Nevada or Wyoming.
Speaker CAnd it's no joke.
Speaker CAll the big companies, Microsoft, Walmart, Disney, they're all Delaware.
Speaker CDelaware has the best laws for big business.
Speaker CThe laws are so good.
Speaker CThose companies pay the state of Delaware billions and millions of dollars a year in setup and renewal fees which they gladly pay because all the laws protect the shareholders.
Speaker AQuickly ask.
Speaker ASo I just heard Elon Musk actually fire at in through Twitter Delaware saying that Delaware is now breaking what used to be a protection and now it's not looking very good.
Speaker AWhat are your quick thoughts about that?
Speaker CYeah, so Elon Musk had this pay package of $50 billion.
Speaker CIt was nearly impossible that he was even going to hit this.
Speaker CThe board of directors approved yet if you 10x our company, we're paying you $50 billion.
Speaker CHe did.
Speaker CAgainst all odds he did it.
Speaker CAnd he had one shareholder and a lawyer in Delaware that owned 12 shares of stock, I think.
Speaker CAnd that guy filed a lawsuit claiming that this pay package was excessive.
Speaker CAnd our woke court system made that ruling.
Speaker CYeah, they agreed with it.
Speaker CIt went back to vogue.
Speaker CAnd again they voted the same.
Speaker CSo twice this went into court and Elon said, the heck with this, I am moving it.
Speaker CSo you'll see that Elon Musk, that company Tesla, he converted to Texas.
Speaker CAnd again, big companies, there are different laws in place.
Speaker CI would never do Texas for a small business, publicly traded company, different ballgame, small business, Nevada and Wyoming.
Speaker CBut that's what happened with the Elon Musk deal.
Speaker CHe also has neural link and some other entities that are in Nevada.
Speaker CSo interesting enough for that.
Speaker CBut the reason this is important.
Speaker CSo Nevada, back in the 1950s and 60s, when the mob came to Nevada, they started heavily.
Speaker AI learned about, I laughed because learning about this stuff being here in Vegas now, it's just like, wow.
Speaker AYes, the mob did come here back.
Speaker CIn the 1950s and 60s when the mob came, they started heavily influencing our politicians to create all these great laws to protect their business owner.
Speaker CAnd even though the mob officially moved to Wall street back in the 90s, Nevada kept this law strong for small business, big revenue generator for Nevada.
Speaker CWell, over the years, Nevada's kept raising its fees.
Speaker CWyoming came in, modeled their laws after Nevada.
Speaker CIn my opinion, they actually made them a little better through some court cases.
Speaker CAnd the renewal cost is less.
Speaker ASo all my LLCs are in Wyoming.
Speaker CYep.
Speaker AYeah.
Speaker CSo it's.
Speaker CIt truly gives you the very best legal protection.
Speaker CI talked about the piercing the veil happens almost 50% of the time.
Speaker CI was teaching another class in Texas and one of my students was an attorney that specializes in suing businesses.
Speaker CHe said.
Speaker CHe said, adam, I hear you telling the audience that the corporate veil gets pierced 50% of the time.
Speaker CWell, I'm an attorney and I'm in the business of suing businesses and I specialize in piercing the corporate veil.
Speaker CHe said other law firms hire me to pierce the veil.
Speaker CThat's what I do.
Speaker CHe said, if I see one, two, even three people's name on public record with the Secretary of State, I pierce the veil almost 95%.
Speaker CHe said, no one ever sets these things up right.
Speaker CThey never maintain them properly.
Speaker CWe have a huge success in veil piercing.
Speaker CHe said, if I see Nevada or Wyoming, I won't even take the case, so I can't get paid.
Speaker CHe said, I'm glad more people don't know about Nevada and Wyoming or I would be out of a job.
Speaker CBut I had A really good talk.
Speaker CHe said three things.
Speaker CI will not sue Nevada, Wyoming or if it is a trust and I don't know what type of trust it is.
Speaker CSo even setting these things up, how you name things is so very important.
Speaker CAnd like with your, with your real estate privacy trust or the land trust, keep it simple.
Speaker CThe 1, 2, 3 Main Street Trust, the 707 Oak Street Trust.
Speaker ASo that property name is.
Speaker ABecause a lot of students, I've got thousands of students now, big questions always.
Speaker AWell, Dustin, what should I name my llc?
Speaker AI say do not name it Dustin Heiner llc.
Speaker ABecause that's absolutely going to be like, okay, that's his.
Speaker AWe have to know that.
Speaker AMake it as arbitrary or vague as possible so that they can't say, let's correlate this to this to this.
Speaker ANow I personally broke my own rule of doing that because I made something very similar just so I can personally keep a track in my head.
Speaker ABut now I'm like, this is so much better.
Speaker AWe have.
Speaker ASo let's, let's get back to.
Speaker ASo you have five properties or more let's say multiple, but five properties, one LLC for like that's because I literally have 30, 33 properties or something like that.
Speaker ALots of properties.
Speaker AIn five different states you're seeing one LLC, but put all of those into a land trust.
Speaker CSo in what we're going to keep separate is, and this is completely up to you, but I've got a client that has 50 land trust, they're all in their own land trust with one LLC managing all of it.
Speaker CJust property managers for everything.
Speaker CAnd it's all perfectly clean.
Speaker CAnd have lawsuits come up.
Speaker CThey have, but we put these attorneys in a position where the best they could do is go after your insurance.
Speaker CJust had this a few weeks ago, a guy was him on about, you know, getting his LLC set up and he lived in California.
Speaker CSo in California you have to pay.
Speaker AThe 800, 800 franchise stats and rip off.
Speaker AYeah.
Speaker CSo he has him on about this.
Speaker CHe had five properties, four or five properties he bought in Florida.
Speaker CAnd he called me in December and said, Adam, I just want to call, say thank you.
Speaker CI said, what happened?
Speaker CHe said, I just got notice from some Morgan something company, contingency fee law firm requesting my insurance.
Speaker CHe said I wouldn't.
Speaker CI called my attorney and the guy said if it, if this would have not been set up this way, they would have been suing you, coming after all of your stuff.
Speaker CWow.
Speaker CSo it's really powerful to have that.
Speaker CBut getting it set up in Wyoming and again, I need this to be manageable and financially efficient.
Speaker CSo if you want to put all 30 properties into their own land trust, you sure could.
Speaker CIf you wanted to have maybe 10 properties in one LLC, 10 in another, you could do that.
Speaker CBut at the end of the day, because they're each in their own land trust, that is all they can go after in the event of a lawsuit.
Speaker CSo it's a great way to do it.
Speaker CYour commercial, you must keep separate.
Speaker CSo five units and above those will get their own LLCs.
Speaker CMy wealthiest client has $2.6 billion of real estate in 23 states.
Speaker AWow.
Speaker CHuge commercial properties all over the place.
Speaker CAnd, you know, it's really word be out like it's nothing.
Speaker CIt's a billion.
Speaker CThat's a lot.
Speaker CSo that guy's got 1400 LLCs, so absolutely incredible.
Speaker ASo to hire you guys just to manage all the network, always kind of, you know, he has got teams and stuff.
Speaker CYeah, he's got 60 teams of CPAs doing the taxes.
Speaker CHe's got an office with five ladies.
Speaker CAll they do is stay on top of renewal diet.
Speaker CSo.
Speaker CWow.
Speaker AOkay.
Speaker ASo I have.
Speaker ALet's just walk through what I have.
Speaker ASo my.
Speaker AI had one apartment complex, 355 units.
Speaker AWe have one LLC over that.
Speaker ASo yes, we already have that taken care.
Speaker ALet's just talk about my residential, you know, four units and below.
Speaker ASo I have 30 plus properties.
Speaker ASo what we need now is one LLC and then transfer.
Speaker ABecause all of them are already in an llc, its own llc.
Speaker AIs there any tax liabilities to transfer it out of the LLC into a trust or anything like that?
Speaker ALike walk me through that process that I need to watch out for or Herman's or landmines.
Speaker AI need to jump over.
Speaker CYeah.
Speaker CSo there is no transfer tax because you're not selling the property.
Speaker CWe're merely changing the way you hold title.
Speaker CSo I'm going from your LLC just quick claiming the property into its own real estate Privacy Trust, the 1, 2, 3 Main Street Trust.
Speaker CAnd we're doing that with each property.
Speaker CSo now if there's a slip and fall on one property right now, you said we've got 7 LLC, and there's a few in this one and a few in that one.
Speaker CWell, they're Wyoming, so you are protected and we get the charging order protection.
Speaker CSo makes you very unattractive.
Speaker CBut at the end of the day, a lawyer could come back and say, yeah, he's got seven properties in that llc.
Speaker CGot a couple hundred thousand dollars of equity there.
Speaker CYeah, we'll Take that case for free.
Speaker CWe got like 1.3 million attorneys in the U.S.
Speaker Cthere's just not enough good cases to go around.
Speaker CSo these poor guys get stuck taking bad cases with bad facts just trying to make a living.
Speaker CAnd if they can find $50,000 of equity somewhere, they'll take the case for free.
Speaker CDo you have any idea how much it cost you to hire an attorney just to file a response?
Speaker ANo, I don't.
Speaker CThousands of dollars.
Speaker CI had this happen last year.
Speaker AI got chatgpt as my lawyer.
Speaker ADoes that.
Speaker CWhat?
Speaker CI was getting $30,000 for him to file a darn response.
Speaker AMy goodness.
Speaker CAnd these things get stuck in court.
Speaker CI had another lady, she did a.
Speaker CWho.
Speaker CShe'd been in court for two years.
Speaker CShe had spent over $100,000 in legal fees because the square footage on a contract was wrong.
Speaker CAbsolutely crazy.
Speaker CAnd of course, I tell everybody, keep good insurance, but insurance companies have adjusters and attorneys whose job it is to pay out as little as possible on claims.
Speaker CSo you are competing with your insurance company to pay the least amount and who is going to win every tithe.
Speaker AThat's a great point.
Speaker ASo, okay, we have a plan for my residential, so we need to get one llc.
Speaker AAnd this is also a reason why I'm actually here to talk to you guys.
Speaker AI'm like, let's go to the office.
Speaker AYou guys had me come out.
Speaker AThis is just great.
Speaker ABeing able to see everything, like, the breadth of everything is due.
Speaker AAnd then we had you on a workshop recently that you personally gave so many great insights on taxes, how to actually protect your money from the irs.
Speaker ATake it, like, legally, which is great.
Speaker AI want to transition a little bit of that because you guys also do that too, which I usually tell all my students.
Speaker AWe got thousands of students now.
Speaker AWell, I say.
Speaker AUsed to say, you know, find an accountant and find an attorney on your own.
Speaker ALike, just go ahead and do that because there's so many of them and I don't know who to actually point them to.
Speaker ABut then started working with you guys personally.
Speaker AI'm like, man, this is a great company.
Speaker AHas both.
Speaker ALike, literally, we can cover both things at one time.
Speaker ASo NCH is a company I go with.
Speaker ABut anyways, walk us through now that we have the corporate structure.
Speaker AAnd so like I said, I'm putting.
Speaker AI'm working with you guys to get all my properties structured correctly.
Speaker AAnd I wish I would have done this from the very beginning.
Speaker AI wish I had been this for the very first time because I wouldn't have to be doing all this stuff all over again.
Speaker AI hate doing things multiple times.
Speaker AI like doing it once the first time.
Speaker ASo doing this right now, talk about how do we protect and keep more of our money from the irs.
Speaker CYeah, so this gets really interesting.
Speaker CSo passive income automatically gets offset by passive losses.
Speaker CSo and most likely you're a real estate professional.
Speaker CSo that's another day, another topic.
Speaker CBut so you've got your passive income automatically getting offset by your depreciation, mortgage interest, property taxes and insurance.
Speaker CSo you're paying little or no tax on the money you're collecting on those rentals.
Speaker CThat all happens automatically.
Speaker CThe one thing that I want everyone to realize is do not ever put rental properties in an LLC taxed as an S corp or as an S Corp.
Speaker CSo we want to separate out active income and passive income.
Speaker CSo when we talk about now you're at the point where you've got your 30 rentals and now that's all passive income, which could only be offset by passive losses.
Speaker CBut you've got travel expenses, you know, flying out to Las Vegas.
Speaker CYou have websites and other things that you do, and management expenses, which are active expenses.
Speaker CSo what we do to really save money in taxes is to have an LLC taxed as an S Corp.
Speaker CThis serves as your management company.
Speaker CI can use that to pay the kids, use that for my travel expenses, manage the accounting, manage my property managers.
Speaker CI've got this management company that's charging a fee of maybe could be a guaranteed payment where every month is getting $3,000 a month just to watch over this stuff.
Speaker CYou own the company, you control the company, but legally you're not the company.
Speaker CSo I'm taking some of that passive income that could only be offset by passive losses, paying a management fee to your management company, turning it into active income that I can now use to pay for these various expenses.
Speaker CSo it's really a great way to do it.
Speaker CYou could do this without having an LLC taxed as an S Corp.
Speaker CHowever, all those expenses will land on a schedule C.
Speaker CSo you could do an office expense.
Speaker CYou have an administrative office in the home where you get to write off 15% of the square footage of your home and your mileage.
Speaker CI always tell you, see app mile IQ 70 cents a mile for every mile you drive.
Speaker CAnd everywhere you go, you're always looking for property.
Speaker CSo you leave a business card with someone in the produce aisle at Walmart.
Speaker CPurpose of the trip?
Speaker CMarketing.
Speaker CMarketing every hour, do good deal.
Speaker AI get deals all the time from everywhere.
Speaker CYeah, so that's through your active company.
Speaker CBut you could write all those things off.
Speaker CBut it goes on schedule c.
Speaker CYou are 900% more likely to be audited when you file a schedule C.
Speaker CThose are active expenses that would go on schedule C.
Speaker CS corp or an LLC taxed as an S corp.
Speaker CThe audit risk is almost zero, less than 1/4 of 1%.
Speaker CSo big difference in the audit risk.
Speaker CBut again, now I got an active income business and I got my passive income.
Speaker ASo there's two different LLCs.
Speaker AOne would be the passive income, but that's the same holding company that has all the trusts.
Speaker AOkay.
Speaker AAnd then we have a second LLC and that's the active income taxed as an S corporation.
Speaker AOh.
Speaker CSo think about this way.
Speaker CIf you, if you hire a property manager, they're going to charge you 10%.
Speaker A10%?
Speaker CYeah, so.
Speaker CSo they're collecting the rent for you, they're keeping their 10% and then they're paying you and you're paying your mortgages.
Speaker CWell, you don't have to have a property manager.
Speaker CYou could do that yourself.
Speaker CAnd as a matter of fact, we can still use that management company to manage our property managers.
Speaker CSo I am going to want to follow up on the properties and I do need to follow up on my property managers and still make decisions on repairs, maintenance and capital improvements and all those things.
Speaker CSo we could do an LLC to do that.
Speaker CIt's not helpful for every situation, but some situations it makes a huge, huge difference.
Speaker AOkay, so two LLCs, one for the passive, one for the active.
Speaker AAnd then because I was talking to my accountant last year and he was saying that you want it to be a S corporation, pay yourself a reasonable salary so that you're taxed at a different, like just that salary, let's say $60,000 a year, you're tax that.
Speaker ABut everything else is a passive income where you're tax a little bit lower.
Speaker ADoes that make sense?
Speaker CYeah.
Speaker CSo the way it works is your passive income is taxed at your ordinary tax rate, but there is no Social Security in Medicare.
Speaker CSo you just subject to state and federal tax, you know, you could be at A, at 20% or if you're making a lot of money, you could be at 37%.
Speaker CAnd you rent, you're collecting those getting offset by depreciation.
Speaker CSo you're selling a little bit of profit that you're actually paying taxes on, even though you're putting a bunch of money in your pocket every month.
Speaker CThat's all on the passive side.
Speaker CSo on the active side, that is subject to state, federal and Social Security and Medicare.
Speaker CIf Social Security and Medicare is 15.3% too.
Speaker CSo if you made an extra 50, let's say an extra 100 grand, easy map, that is $15,000, $300 that you will pay into our wonderful Social Security.
Speaker AAnd you hope it's going to be there when you.
Speaker ABut it's not.
Speaker AI don't expect it to be in there.
Speaker AOkay, keep going.
Speaker CHaving your S corp, your account say, well, we need an S corp.
Speaker CThe reason is now you can pay yourself the reasonable salary.
Speaker CReasonable is typically no less than 30% of your net profit.
Speaker CSome months or more, some months or less.
Speaker CBut by the end of the year, get 100,000 as your net profit.
Speaker CI want to give you a W2 for 30 grand.
Speaker CThe Social Security of Medicare drops from 15,300 down to 4,590, saving you $10,000 in Social Security and Medicare.
Speaker CSo you got 100 grand, took out 30 as a W2.
Speaker CThe other $70,000, that's still your money, but the IRS allows us to pay that to you as a K1 distribution, sometimes known as an owner's draw.
Speaker CThat is not subject to Social Security and Medicare, though, if all we do is just pay tonight.
Speaker COn your active income, yes.
Speaker CAnd if you have a business, maybe you're a real estate agent or a construction business or who knows.
Speaker CWhatever business you have and you're not incorporated, you are missing the boat.
Speaker AHmm.
Speaker AWell, Adam, I could literally personally talk to you so much, like forever about this and at the same time, there's so much more to go over.
Speaker ABut I want people to know how to work with you guys because we do workshops here at masterpass.
Speaker AI can bring you guys on.
Speaker ASo they need to join those workshops.
Speaker ASo everybody check the link in description for all that information.
Speaker AHow to work with you.
Speaker ABut I personally love working with NCH because of how knowledgeable you guys are as well as you work with investors too.
Speaker ASo Adam, it's been great having you on.
Speaker ASo Definitely check out masterpassiveincome.com NCH Nevada corporate headquarters.
Speaker AWe actually worked out a special deal, literally fifteen hundred dollars of what normally would charge.
Speaker AAnd you guys white glove service, which basically means you guys take care of everything for real estate investor from from legal setting things up to accounting.
Speaker ALike it's so much stuff, which I've done it before and I we discounted it like you guys have discounted because say, hey Dustin, you have an awesome audience as your students.
Speaker AAnd so it's a discounted rate.
Speaker AIt's under $1,000 for, but for everything.
Speaker AAnd here's the thing I would say if you listen to this, I wish I would have done this from the very beginning.
Speaker AI, I went through an online company, set it up one time, and I did it wrong.
Speaker AI did a C Corporation for same stupid reason back in 2006, because I just, I was in a corporation.
Speaker ASo I started C Corporation.
Speaker AThen I heard somebody else on, let's say Zoom, not Zoom, YouTube, you know, do it saying, hey, you, what you want to do is you want to get an LLC per property.
Speaker ASo I did that.
Speaker ASo I change it again.
Speaker ANow I'm hearing this, I'm like, this sounds so much better.
Speaker AI wish I had done this from the beginning.
Speaker ASo for everybody listening live from my mistake, do it right the first time.
Speaker AHi to the right people who's done this many, many times.
Speaker AAnd on top of that, you're not going to have to do it all over again and you'd be protected.
Speaker ASo I'm going to try to do this as fast as possible just because if you don't have this done, you're open for liability and lawsuits.
Speaker ABut Adam, is there anything else?
Speaker ALike, what else could I have missed talking about, you know, legally setting up or tax or anything like that?
Speaker CSo that for accounting purpose, get in the habit of keeping good records.
Speaker CSo whether it's active income or passive income, your rental portfolio, you buy these properties, keep things organized per property, keep receipts for everything, keep meticulous record, because all of this comes back in the form of tax savings.
Speaker CGet a competent CPA, because not all CPAs are created equal.
Speaker COne CPA says you owe 10,000.
Speaker CAnother CPA, same numbers, says you're getting 10,000 back.
Speaker CSo there's a huge discrepancy in good CPAs.
Speaker CBut regardless of whether you're using our experts or your own experts, you want to make sure that CPAs are only as good as the record you keep.
Speaker CSo if you haven't been doing it, get in the record or get in the habit of keeping good records and keeping active income and passive income separate.
Speaker CEverybody has a unique situation.
Speaker CSo I love about working for and with NCH is that we actually take the time to understand what you're doing, how you're doing it, so we can put together a comprehensive plan and say, okay, this is what you need from a tax and legal standpoint.
Speaker CHere's what your setup cost is, here's what your renewal cost is, so everything is taken care of for you.
Speaker CLike I said, the white glove service, if you want to do it yourself, do it yourself.
Speaker CBut remember when you need it the most, you're going to find out when that LLC was not set up properly.
Speaker CLike the attorney I told you about.
Speaker COh my goodness.
Speaker CHe said, I go right on the Secretary of State, I pull up the company shows right on public record who formed the ll.
Speaker ATotally it does.
Speaker CAnd when you are just starting your format yourself, that is always on public record.
Speaker CAnd that's why that attorney says he pierces the veil 95% of the time.
Speaker AI had a question now that came up to mind.
Speaker ASo when.
Speaker AAnd these are all the like legal gurus out on TikTok and Instagram, all that sort of stuff, but they say is you need to have every property have its own llc.
Speaker AAnd then if you're going to do it right to hopefully not have your culprit bail pierced, then you need to have another bank account for every.
Speaker ASo if you had 30 properties, you have to have 30 bank accounts.
Speaker AIf you have 30 LLC.
Speaker ASo I'm like oh my goodness.
Speaker ASo in this structure, one llc, land trust, do we just need one bank account?
Speaker AOh my goodness, that makes it so much easier.
Speaker CThat's why I say this is manageable, scalable and financially efficient.
Speaker ASo every property, new property that we buy, you put it in the similars like you would do the other ones, the Netherland Trust, when you purchase it and then you then make sure that the LLC is the beneficiary of it, not trustee, the beneficiary of it.
Speaker ABeneficiary of it.
Speaker AWow.
Speaker AI love it.
Speaker ABecause man, I got too many bank accounts.
Speaker AI'm like, it's just, this is more.
Speaker AI didn't want to think that much.
Speaker AI want it to be scalable like you're saying.
Speaker ABecause when you have 30, you know, LLC, 30 bank accounts, it's like it just takes more time administration wise when if you do it like this.
Speaker AOh one quick.
Speaker AAnother question people talk about all the time.
Speaker AI get this question because I hear people on Instagram reels and stuff.
Speaker AOh, a Delilah LLC.
Speaker AWhat's that?
Speaker AMultiple LLCs.
Speaker AWhat's that called?
Speaker CThe Series LLC LLC.
Speaker AThey're all excited about that.
Speaker AOh, it's a Series LLC.
Speaker AAnd so I mean I have my thoughts but what are your thoughts on the series llc?
Speaker CYeah, super good question.
Speaker CSo the series LLC was developed by hedge funds.
Speaker CSo billion dollar hedge fund with full time legal teams and yeah they got lawyers that, that are part of their team and the concept was to separate the liability of various investments without having to re register with the sec.
Speaker CThen someone could say, oh, we could do this for real estate.
Speaker CWell, we don't use them for a reason.
Speaker CFirst of all, they've not been around very long.
Speaker CThey're only recognized.
Speaker CThey're not recognized in all 50 states.
Speaker CThey haven't been around that long.
Speaker CBut we have little or no legal precedence to know if you have this parent company and then you have these cells within the series that theoretically will separate the liability.
Speaker CBut in the event of a lawsuit, for that cell to be its own entity, it has to have its own checking account, its own record, its own everything.
Speaker AYeah.
Speaker CFor it to be treated legally separate, you just turn yourself into a.
Speaker CBack into a nightmare.
Speaker AIt seems like it.
Speaker CIt may have saved you a little bit of money in filing fees, but then cost you a lot of time.
Speaker AWell, like what you said, the legal precedent, if you don't understand what that means, court cases that have proven that this actually works and it protects you, was this route.
Speaker ATalk to us a little bit about that list.
Speaker AWhen I say less the LLC with the trusts legal precedence there, like what, what have you seen and how has that worked out and played out?
Speaker CYeah, it is tried and true.
Speaker CAnd that's one of the things that I love about working with NCH is we have our legal department when.
Speaker CWhen questions pop up.
Speaker CWe provide such great service.
Speaker CI think we're the only entity formation company online.
Speaker CWe've got a perfect five star rating with Trustpilot, which is amazing.
Speaker CWe've got over 18,000 five star reviews.
Speaker CA really good company providing really good service.
Speaker CBut when it's set up right, they say the greatest victory is the battle never fought.
Speaker AOh, yes.
Speaker CAnd by merely getting it set up and putting your property in the trust and using your LLC properly, you're protected.
Speaker CAnd God forbid anything ever happens, you're in a really good shape.
Speaker CSo you have some young ones.
Speaker CI have six boys and five of them drive and they drive my vehicle.
Speaker CSo if they get a wreck, guess who's getting sued?
Speaker CAbsolutely huge advantage of having the Wyoming llc.
Speaker CThey can sue me, they can win.
Speaker CAnd I touch my LLC to satisfy my personal islands and obligations.
Speaker AThat got me thinking of.
Speaker AOkay, so if we have our properties set up, what about your primary residence?
Speaker CSame thing.
Speaker AAnother land trust.
Speaker CYeah.
Speaker CSo the primary residence, assuming you're not renting it out, that needs to go into a revocable living trust, personal trust, like your family.
Speaker AGot it, got it, got it, got it.
Speaker AOkay, so we have one trust that has, or, sorry, a trust for every single property that the LLC is the Beneficiary of.
Speaker AAnd then like prime, I guess, personal property like my.
Speaker AMy personal residence cars and put it into a living trust.
Speaker ARevocable living trust for the family.
Speaker ARight.
Speaker ASo is that Ms.
Speaker AAnything in there?
Speaker CYeah, not the car.
Speaker CSo.
Speaker COh, how about your primary residence?
Speaker CYour personal checking account, savings account.
Speaker CYou have a brokerage account.
Speaker CThe membership of your LLCs.
Speaker CSo myself, the LLC, I list you as the manager.
Speaker CMembership we assign to your family trust for planning purpose.
Speaker CThat's not on public record anyway.
Speaker CSo that is your revocable trust.
Speaker CAnd then when we set it up, we don't put your cars in there.
Speaker CNot only is it a pain to title cars in the name of the trust, but I don't want to have a car accident and then have them see my.
Speaker CMy house because I'm not naming my trust the Adam and Claudia Kente family Trust.
Speaker CSo my trust is called the legacy Six Dynasty Trust.
Speaker AOkay.
Speaker ANo clue who that is.
Speaker AThe.
Speaker AYeah.
Speaker CAnd if a lawyer looked at it, they're thinking automatically that I have an irrevocable multigenerational dynasty trust.
Speaker AGot it.
Speaker CAnd I'm not worth suing.
Speaker AThat's.
Speaker CIt's a smokescreen.
Speaker CBut you got to call it something.
Speaker CLet's call out everything good but the car is recovered by a poor over will.
Speaker CJust like pouring a glass of water.
Speaker AOkay.
Speaker CAnything you forgot to put in the trust or chose not to put in the trust automatically goes in the trust.
Speaker CWhen you is meant as a catch all for things like vehicles.
Speaker AHey.
Speaker CSo primary residence, personal checking account, savings account.
Speaker CThe membership of the LLC is you have pretty much any titled asset I'm going to put into your family trust for estate planning purpose because we're all going to die someday when the good lord takes you never know if you have nothing in place or if you only have a will.
Speaker CYou have no idea how much time and money it's going to cost your family.
Speaker AOh my goodness.
Speaker CRidiculous.
Speaker AAbsolutely ridiculous.
Speaker CMan.
Speaker AAdam, I could literally talk to you forever about this.
Speaker ABut everybody I want you to check out nch great company.
Speaker AI'm here working with them personally and on top of that getting all of my stuff set up properly now which is.
Speaker AI'm so excited to make sure it's done right.
Speaker AAnd so definitely get go to masterpassiveincome.com NCH we have a page there dedicated to everybody.
Speaker AIt's a part of Master Passive Income.
Speaker AWe want to get you a big discount.
Speaker AGet.
Speaker AHonestly get everything set up right the first time.
Speaker ASo Adam, thank you so much for.
Speaker CBeing on the show.
Speaker BAnd that is it for today.
Speaker BGo ahead and get my free real estate investing course, Texas word rental.
Speaker BThe 33777.
Speaker BR E N T A L to 33777.
Speaker BYou can also join my Real Estate Wealth Builders Group coaching.
Speaker BGet all my courses.
Speaker BAll right, guys, we'll see you in the next show.
Speaker ASee ya.