PowerPoint Class 2 Flashcards
A Quick Tour of Possible Ownership Forms
Sole Proprietorships
Partnerships
Limited Liability Companies
Corporations
advantages of sole proprietorship
Easiest to start
Least regulated
Single owner keeps all the profits
Taxed once as personal income
disadvantages of a sole proprietership
Unlimited liability
Limited to life of owner
Equity capital limited to owner’s personal wealth
Difficult to transfer ownership
General Partnerships (at least TWO GPs)
Partners agree to unlimited liability
Any partner may be sued for the entirety of a partnership’s business debts
Limited Partnerships (at least ONE GP & at least ONE LP)
General Partner (active partner): unlimited liability
Limited Partner (passive or silence partner): limited liability
Limited Liability Partnerships
Each partner is not responsible or liable for another partner’s misconduct or negligence (eg: law firm, accounting firm)
advantages of a partnership
Limited Partner (Passive investor & Limited Liability)
Two or more owners
More human and financial capital available
Relatively easy to start
Taxed once as personal income
disadvantages of a partnership
General Partner (Active investor & Unlimited Liability)
Partnership dissolves when one partner dies or wishes to sell
Possible disagreements between partners
Difficult to transfer ownership
advantages of corporations
Limited liability
Unlimited life
Separation of ownership and management
Easier to raise capital
Transfer of ownership is easy
disadvantages of corporations
Agency issues
Double taxation (income is taxed at the corporate rate and then dividends are taxed at the personal rate)
More expensive to establish and maintain
Forms of Co-Ownership in Real Estate
Direct Co-Ownership
Indirect Co-Ownership
Direct Co-Ownership types
- Tenancy in common
- Joint tenancy
- Tenancy by the entirety
- Condominium
Indirect Co-Ownership types
- Limited Liability Co.
- Partnership
- Corporation
- Real Estate Investment Trust (REIT)
Indirect Co-ownership
Entity holds title
Ownership passes through the entity
Undivided interest
Tenancy in Common
Buying properties with a friend or business partners
Ownership transferred to estate or third party according to the will (death)
Each owner can sell or mortgage their interest independently