Create LLC USA: Protect your real estate investment

🛡️Créer an LLC USA: the key to securing your real estate investment in 2025

Creating an LLC in the USA has become an essential step for French real estate investors wishing to secure their assets in the United States. Whether for the purchase of building land, the ownership of rental property or a structured real estate project, this legal form offers protection, flexibility and tax efficiency in an often complex environment.

🎯 Romain Daniellou, co-founder of LandQuire and Franco-American expert based in Miami, has been supporting French-speaking investors since 2016 in the creation of LLCs adapted to the specificities of American real estate. Thanks to his dual expertise (legal and operational), he structures each operation with rigor and a long-term vision.

At LandQuire, every investor is guided step by step to structure his or her investment through an efficient, tax-optimized LLC.

Why create a real estate LLC in the USA? Definition and legal framework

Today, creating an LLC USA (Limited Liability Company) is one of the best ways to protect your real estate investments in the United States. This hybrid legal status, widely used by Americans and foreigners alike, combines tax flexibility, limited liability and a professional structure. By 2025, more than 70% of property purchases by non-resident investors will be made via an LLC.

What exactly is an LLC?

The LLC is a partnership for tax purposes, but offers the legal protection of a corporation. This means:

The investor's personal assets are protected in the event of a dispute relating to the real estate asset (unpaid rent, construction defect, etc.).
The structure can be owned by one or more partners, with considerable contractual freedom.
It can be declared for tax purposes as a "disregarded entity" (transparent) or as a taxed company (IS type), depending on the investor's objectives.

This flexibility is attracting a growing number of French investors keen to professionalize their approach and anticipate tax issues.

LLC and real estate: a natural alliance

In real estate, investors in the United States use the LLC as both a security filter and a wealth transfer tool.
This structure allows them to :

Group buying between members of a family or a circle of investors
Rental management via a dedicated bank account
Planned inheritance (company shares rather than undivided property)
Tax optimization through specific deductions (expenses, interest, depreciation)

Creating an LLC in the USA is not about making your investment more complex. On the contrary, it means structuring it to limit risks, organize responsibilities and optimize revenues.

5 good reasons to create an LLC USA for your real estate investment

More and more foreign investors - particularly French - are using the LLC as a strategic lever to secure their real estate acquisitions in the United States.
Contrary to popular belief, this legal structure is not just for large corporations. Quite the contrary: today, it is an essential solution for structuring an investment project with peace of mind. And here's why.

1. Protect your personal assets

This is the number-one reason for creating an LLC. In the event of litigation, claims or legal action, your personal property is separated from the assets held by the corporation. If a tenant attacks you or an accident occurs on the property, it's the LLC that's exposed - not your primary residence or personal bank account.

2. Simplify management and transmission

An LLC centralizes all operations related to an investment:

Opening a bank account
Signature of official documents
Receipt of rental income or capital gains
Payment of property taxes and insurance

It also facilitates the transfer of assets. Instead of transferring an undivided asset, you can sell all or part of the shares, with optimized tax treatment.

3. Optimize taxation (notably through transparency)

An LLC in the USA can be "transparent" for tax purposes. This means that :

Company income declared directly by partners (no double local taxation)
You can deduct a large proportion of your expenses: upkeep, loan interest, legal fees, etc.
The management of capital gains is often more flexible than for a property held in its own name.

👉 Good to know: this transparency is particularly useful for avoiding double taxation with France, thanks to the bilateral tax treaty.

4. Secure multiple investment

Buying with two, three or six people can be a legal headache. The LLC offers a turnkey solution:

Each partner holds a clear percentage of the shares
The Operating Agreement defines the rules governing exit, death and resale.
In case of disagreement, everything is planned in advance

👉 An LLC in the USA is the ideal solution for supervising group or family purchases, avoiding conflicts, and protecting everyone involved.

5. Strengthen your banking and notary credibility

In the U.S., real estate professionals, banks, insurers or real estate agents consider an LLC to be the sign of a serious investor. This facilitates :

Negotiating with sellers (especially for land)
Opening a business bank account
Obtaining certain financing or insurance

Creating an LLC USA step by step: a guide for foreign investors

Setting up an LLC in the USA is not rocket science, provided you have the right support. For a non-resident investor (such as a Frenchman wishing to invest in American real estate), there are a few specific steps to follow. Here's the complete process, illustrated by the support offered by LandQuire.

1. Select LLC creation state

All U.S. states allow LLC formation, but conditions vary:

Delaware: popular for startups but not very useful for real estate
Texas or Florida: more logical if the property or land is located in these states
A word of advice: create the LLC in the state where the assets are located.

2. Appoint members and manager

An LLC can be :

Single-member: a single owner
Multi-member: two or more members (family, partners, spouses...)

A manager (often one of the members) must be appointed to make management decisions.

3. Drafting the Operating Agreement

This document is the legal foundation of your LLC. It defines :

Who owns what (shares, percentages)
How decisions are made
What happens in the event of a member's death, disagreement or resignation?

📌 At LandQuire, this document is drafted by specialized lawyers, in French and English, to avoid any ambiguity.

4. Obtain an EIN (tax number)

The Employer Identification Number is mandatory for :

Opening a bank account
Declaring tax income
Be recognized as an entity by the IRS (U.S. Internal Revenue Service)

👉 A foreign investor can obtain an EIN without being a US tax resident.

5. Open a business bank account

This is the last key step. Once your LLC has been created, you can open a dedicated bank account (often online, with an American bank).

LandQuire offers comprehensive support in this area, working with banking partners who accept non-resident investors.

Land, real estate, leasing: when is it imperative to create an LLC?

Creating an LLC in the USA is not always compulsory. In many cases, however, it is highly recommended, or even essential, to secure your investment, optimize your tax situation, or anticipate unforeseen circumstances. Here are the main cases where an LLC is a real lever for protection and performance.

1. You invest in land (bare land)

When you buy raw land, especially with several people or for speculative purposes:

The LLC makes it possible to formalize the distribution of shares among partners
It protects members in the event of resale, inheritance or conflict.
It facilitates theentry and exit of an investor, without modifying the land deed.

At LandQuire, 100% of our projects are structured as LLCs to provide this secure framework for every investor.

2. Buying a rental property

In the case of a rental property (building, house, housing estate):

LLC acts as a legal firewall in the event of a dispute with a tenant
It centralizes income and expenses, and simplifies management.
In the event of resale, you sell the LLC shares rather than the property: time-saving and tax-optimized

This is particularly useful if you own several properties in the United States.

3. You're investing in a group (family, friends, associates)

The LLC in the USA is the best solution for :

Equitable distribution of investments (even where amounts differ)
Plan for death, divorce, disagreement, change of strategy
Framing governance and decision-making (via the Operating Agreement)

🎯 Example:
A group of 4 friends invests $400,000 in a LandQuire project. Thanks to the LLC, each holds exactly 25% of the project, with clearly defined rights and obligations.

4. You are considering resale or refinancing

If your objective is to resell the land or property with a capital gain in 2 to 5 years:

LLC allows for more flexible resale (transfer of shares, no need for a notarial deed)
It centralizes the valuation of the project, facilitating discussions with banks or buyers.

📌 Bonus: some banks or private equity players prefer to invest in a structure already set up (LLC), rather than in a bare asset in an individual's name.

Common mistakes to avoid when creating an LLC USA

Setting up an LLC in the USA is a strategic move, but it's important to avoid the classic pitfalls that can turn an asset into a source of complications. Here are the most common mistakes made by non-resident investors, and how to avoid them.

❌ 1. choose the wrong state to register the LLC

Many investors mistakenly believe that it is more advantageous to create their LLC in Delaware or Nevada for tax reasons. In reality, if your land or property is located in Texas, Florida or elsewhere, it is essential to create the LLC in that state to avoid :

Unnecessary foreign registration fees
Legal complications in the event of a dispute
Double local taxation

🎯 Simple rule: the LLC must be created in the state where the asset is located.

❌ 2. Not writing a solid Operating Agreement

Some investors overlook this document, thinking it only applies to large corporations. Big mistake: it's this contract that sets the ground rules between partners (and even in a single-member LLC).

👉 Without clear Operating Agreement :

Decisions may be contested
Shares can become contentious in the event of death or divorce
The tax authorities or a judge can requalify the structure

With LandQuire, each LLC is accompanied by a tailor-made Operating Agreement, written in English and translated into French.

❌ 3. Neglecting tax and administrative obligations

An LLC, even a passive one, must :

Filing an annual report in certain countries
Obtain an EIN (tax number)
Declaring income generated in the United States

📌 Even if you do not reside in the USA, you are required to report any income or capital gains via the LLC.

Tax advice is essential to stay in compliance, avoid fines and optimize your cross-border taxation.

❌ 4. Forgetting double taxation... or believing it's automatic

Some investors think they will have to pay taxes in both the USA and France. In reality :

LLC revenues are taxed in the U.S.
Thanks to the Franco-American tax treaty, you benefit from a tax credit in France.

👉 Warning: this is only valid if the structure and declaration are correctly mounted.

Creating an LLC USA with LandQuire: tailor-made support

LandQuire has designed a turnkey solution to remove the obstacles that still prevent many French-speaking investors from creating an LLC in the United States.
Administrative complexity, language barriers, poorly anticipated tax risks: these are just some of the obstacles we remove with a solution tailor-made for non-residents wishing to invest in American real estate.

A Franco-American team at your side

The LandQuire team combines :

U.S. legal expertise (LLC, local law, contracts)
Understanding French tax issues
Human support, in French, from A to Z

🎯 This allows each investor :

Set up your business in less than 15 days
Obtain an EIN and a dedicated bank account
Electronically sign all documents
Remain compliant with French/US tax regulations

Projects designed to work with an LLC

At LandQuire, each investment project is structured as an SPV (Special Purpose Vehicle) via one or more dedicated LLCs. This guarantees :

Total transparency of financial flows
Clear traceability of rights and returns
Concrete contractual protection

"Each investor holds shares in an LLC linked to a concrete land project. This avoids any dilution of responsibility or returns."
- Romain Daniellou, co-founder of LandQuire

An ideal solution for group purchasing

LandQuire also supports groups of investors (friends, family, associates) who wish to invest together via an LLC:

Clear definition of each party's role
Drafting an appropriate Operating Agreement
Setting up an exit, succession and resale schedule

📌 Examples:

3 brothers invest in Texas land through a joint LLC
A couple forms an LLC to buy and operate land leased to a mobile operator
Group of professional investors pools $250,000 for 36-acre land project

Frequently asked questions about creating an LLC USA

How is an LLC taxed for French investors?

An LLC in the USA is generally treated as a disregarded entity. This means that income is attributed directly to its members. As a French tax resident, you must declare this income in the USA (using an IRS form) and then in France, benefiting from a tax credit under the France-US tax treaty. So you're not taxed twice.

Is it possible to create an LLC without moving to the United States?

Yes, absolutely. Thanks to LandQuire's support, everything can be done 100% remotely:

Company registration in the adapted state
Assigning an EIN (Employer Identification Number)
Opening a business bank account
Drafting of by-laws and electronic signature of documents

It's an ideal solution for remote investors.

Is more than one person required to create an LLC?

You can set up an LLC on your own (single member LLC) or with other investors (multi-member LLC). In all cases, this structure protects your personal assets.
By investing with several people, you clearly distribute responsibilities, voting rights and profits thanks to a well-drafted Operating Agreement.
The LLC remains the most flexible structure for securing a collective investment.

In short: create an LLC USA to secure your investment

Many French-speaking investors today choose to set up an LLC in the United States to effectively secure their real estate projects.
This flexible structure enables them to benefit from major legal, tax and estate advantages - whether they invest alone, with family or with partners.

By structuring their LLC correctly, they protect their personal assets, anticipate succession, reduce their tax exposure and strengthen their credibility with banks, vendors and local authorities.

At LandQuire, we work with these investors every day to set up their tailor-made LLC, adapting each arrangement to their objectives, level of involvement and wealth horizon.

About the team

👤 Romain Daniellou, co-founder and Miami-based land expert, oversees every legal set-up at LandQuire.
🔗 Check out his LinkedIn profile to better understand his background.

🔗 Discover our team - Multidisciplinary expertise at the service of your project.

📩 Want to take the plunge and invest in the United States securely and professionally?

Request a free simulation or discuss your project with our expert team.

Optimization tip: the LLC

Setting up an LLC (Limited Liability Company) in the United States is a strategy favored by many international investors. It enables :

Better protection of your personal assets in the event of litigation or bankruptcy
Tax transparency with the option of being taxed on income or corporate income tax (IRS - choice of LLC tax status)
A clear division of shares between co-investors, with a structuring operating agreement
Simplified inheritance or transfer of shares

💡 To find out more about the creation and obligations of an LLC, see :

The official website of the Small Business Administration (SBA) to understand the legal basis of an LLC
LegalZoom for a practical view of how to set up a business
The complete definition of an LLC on Investopediawith its tax and legal implications