REI Wealth Monthly Issue 15 | Page 47

IS THE SECRECY OF A LAND TRUST LAWFUL? RANDY HUGHES carry with it some responsibilities (i.e. to maintain, By structuring the Land Trust with an LLC or comply with building codes, meet minimum housing Corporation as the beneficiary, the real estate standards, etc.), it should not be a target source for investor creates a unique structure with symbiotic contingency fee lawyers and other frivolous legal benefits. For example, changing ownership of the attacks. beneficial interest being held by an LLC, would effectively change the owner/control of the title holding Land Trust without public notice or knowledge. Not only would this be a deeply private transfer of ownership and control, but taxing authorities would be left out of the loop resulting in substantial tax savings! Some theorists contend that property should be owned only in individual names so the “public good” can be served by holding owners accountable for what occurs on property (liability for people and condition). At the Federal level some even refer to Furthermore, some real estate investors are two statutes of importance: The Freedom of concerned about Federal and State government Information Act (1976) and the Privacy Act of 1974 intrusion in their lives (read: Patriot Act). Since there as reasons to compel ownership in the name of is no requirement to itemize specific property individuals and not trusts, or at least limit the privacy ownership details on your IRS 1040, holding real of Land Trust’s through legislation. estate in a Land Trust keeps the investor’s name out of all city, county, state and federal databases. Since Land Trusts are not registered at the State or Federal level, unlike Limited Liability Companies (LLC’s) and Corporations, they are the last useful non-entity entity available to owners of real property (land, improved property, commercial buildings, residential buildings, real estate options, real estate contracts, etc.). Yes, LLC’s and Corporations offer more direct asset protection benefits, but the Land Trust provides more privacy of ownership and indirect asset protection benefits. Therefore, it is best to link Land Trusts, LLC’s and Corporations together for the best of both worlds.