How to declare your real estate LLC in France ?

Owning American real estate can be an excellent investment strategy due to the fact that returns are often much higher than in Europe (and in France). Such an investment must be made most of the time through a dedicated company. In the United States, this is the LLC (limited liability company). Making such an investment through this means will allow you to benefit from the flexibility of this legal form, and especially from the protection of your personal assets (completely distinct from your assets in the LLC).

It is often advisable to hold only one property within an LLC, in order not to mix its assets, and especially to increase its protection.

If such an investment can be very profitable economically, it is necessary not to neglect the legal and tax implications of it.

What obligations do I have as a partner in a real estate LLC to the Secretary of State? 

As a partner in a real estate LLC, you are required to ensure that the LLC complies with the laws of the state of registration.

Thus, it is necessary to have a Registered Agent. We can take over the maintenance and renewal of your company (free of charge, only the administrative costs of change are at your charge). Thereafter, the renewal of your company with Expert LLC USA will cost you a fixed fee of $250. 

Also, it is necessary to file (in time, under penalty of fine) your annual report This is a document summarizing the accounts of your company to be filed with the Secretary of State. This filing can be done by our teams. Contact our specialists free of charge in order to receive a quote for the filing in the State of registration of your company.

The declarations of a real estate LLC in the USA: how does it happen?

Beyond the practical aspects and the customized management of your entity, our tax return service for real estate LLCs allows you to make tax savings on your rental income.

Beyond the simple formality of preparing the forms, the formalist offers you a tailor-made support by identifying the deductible expenses of your activity.

Specifically, you will need to complete the following tax forms for the filing of a U.S. real estate LLC with multiple partners:

• Form 1065;
• Form 8825;
• Form 1065 Schedule K-1;
• Form 1065 Schedule B-1;
• Form 4562 for depreciation and amortization;
• In some situations, Form 4797;
• etc.

In the case of a single partner real estate LLC:

• Form 1020;
• Form 5472;
• Form 1040 NR;
• The 1040 NR schedule 1 form;
• Form 1040 NR schedule OI;
• Form 1040 schedule D;
• Form 1040 schedule E;
• In some situations, Form 4797;
• Form 8995;
• Form 8582;
• etc.

As you can see, the list of forms does not help you much. Indeed, these declarations require the assistance of an experienced tax preparer. This is why we offer a This is why we offer assistance in the realization of these real estate LLC declarations from $1,299 all inclusive.

How to declare my real estate LLC in France ? 

To answer this question, you need to know your personal situation: are you liable for the IFI? what is your current property income? can you opt for the micro-foncier system? etc. Our specialists will help you to see more clearly.

In short, the French declarations to be made in the case of a real estate LLC are :

• The declaration of foreign source property income in the 2047 form;
• The deferral of this income in the 2042 form;
• The declaration of accounts held or opened abroad by the form 3916. 

Thereafter, other declarations (and specific forms) will apply depending on your personal situation.

The IRS may be lenient with a good faith taxpayer but will not be lenient with a deliberate fraud, oversight or delay in your LLC USA returns.

It is more prudent for the taxpayer to entrust a formalist with the task of filing his returns in order to avoid any penalty from the American tax authorities. It is imperative for the taxpayer to be serious. Thus, our collaborators are at your disposal to accompany you in your declarations relating to your LLC USA.