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  • Profile photo of bowenvalebowenvale
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    @bowenvale
    Join Date: 2011
    Post Count: 3

    Assuming an LLC is the best structure to buy a property in the US, I have the following questions.

    a. Can the director of an LLC be an Australian Family Trust(with an Australian Pty ltd as trustee)

    b.If you set up an LLC can all correspondance be sent to an Australian address? If not how is this handled

    c.Can anyone recommend a good US or Oz based lawyer who will do the set up

    Profile photo of TassieJHTassieJH
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    @tassiejh
    Join Date: 2010
    Post Count: 41
    bowenvale wrote:
    Assuming an LLC is the best structure to buy a property in the US, I have the following questions. a. Can the director of an LLC be an Australian Family Trust(with an Australian Pty ltd as trustee) b.If you set up an LLC can all correspondance be sent to an Australian address? If not how is this handled c.Can anyone recommend a good US or Oz based lawyer who will do the set up

    a. Can the director of an LLC be an Australian Family Trust(with an Australian Pty ltd as trustee)

    From my reading on the forums and the Online Company setup sites the LLC enity may be owned by any legal entity – be they individual or another company structure/foreign trust, another LLC.   If you have an Australian Trust then check with your Aussie legal/finacial advisor/s as to whether it is best to use this enitity as the owner of the US LLC.   The directorship or not would not have relevance in the US.   You can ghave the Aus Trust own the LLC units and then nominate the individual who is the Director of the Aus Trust to be the single or joint "manager" of the LLC.    The "manager" receives and is the responsible party for all reporting requirements.
    The Registered Agent receives all legal documents that may be "served" and then notifies you of any filing / actions requied. The listed office for other correspondence can be your Australian address. (Bank statments, Water rates, Property Management fees)

    b.If you set up an LLC can all correspondance be sent to an Australian address? If not how is this handled
    You must have a US physical address to receive the correspondebce – not a PO Box. This is handled by paying for the services of a "Registered Agent".   All of the Online set-up companies have the services in place to be the Registered Agent for any entity in any of the 50 US States.   If you create a Nevada or Delaware LLC and then want to operate your business in California your LLC will be treated as a Foreign Company. depending on the type of business you will possibly have to register for trading in the state of trade along with filing annually with the state of creation.   Most forums recommend haviing the LLC created in the same state as you intend to operate/purchase property…..can be different for Aussies who do not have a home state and wish to purchase mutiple properties in different US States.

    c.Can anyone recommend a good US or Oz based lawyer who will do the set up
    ( I would prefer to leave this for someone else… but have seen the following advertised for Aussies – based in Qld.
    http://www.ustaxcentral.com.  I have not used their services as yet but have made enquiries)

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