What’s the Big Deal About Structure?
When it comes to investing in U.S. real estate, most people obsess over location, price, and property type. But savvy investors—especially those with cross-border interests—know the structure you use can determine everything from your tax bill to your asset protection.
Think of it this way: the property is the engine, but the entity structure is the transmission. You need both to drive performance.
At Infinity⁹, we believe: There are no bad markets, just bad strategies. And structure is a cornerstone of strategy.
LLC: The Versatile Workhorse
What It Is
A Limited Liability Company (LLC) is a flexible, hybrid entity that combines elements of corporations and partnerships. It’s widely used for U.S. real estate investments due to its simplicity and liability protection.
Key Advantages
- Limited Liability: Your personal assets are protected.
- Pass-Through Taxation: Avoids double taxation—profits/losses pass directly to owners.
- Operational Flexibility: You can be as hands-on or hands-off as you want.
- Privacy: In some states, LLC owners aren't publicly disclosed.
Considerations
- Self-Employment Taxes: U.S. investors may face these.
- Foreign Ownership: Non-residents can own LLCs, but tax treatment varies.
- Estate Tax Exposure: Foreign investors holding U.S. real estate through an LLC may still face U.S. estate taxes if not structured correctly.
LLCs are ideal for investors who want control and flexibility. But for cross-border investors, additional layers (like a holding company or trust) may be needed.
LP: Built for Partnerships and Institutional Scale
What It Is
A Limited Partnership (LP) consists of general partners (GPs) who manage the entity and limited partners (LPs) who contribute capital but have no active role.
Key Advantages
- Attractive for Institutional Investors: LPs are the standard for private equity and real estate funds.
- Liability Shield: LPs aren’t liable beyond their investment.
- Clear Roles: Separation of power between GPs and LPs avoids decision bottlenecks.
- Tax Efficiency: Profits pass through without corporate-level tax.
Considerations
- GP Liability: The general partner has unlimited liability unless insulated by an LLC.
- Complex Setup: Legal and operational requirements are more sophisticated.
- Best for Group Investment: Not always suitable for solo investors.
LPs are well-suited for investors participating in large-scale deals, especially when backing an experienced sponsor like Infinity⁹.
Trusts: A Tool for Legacy and Tax Planning
What It Is
A Trust is a fiduciary relationship in which one party (the trustee) holds assets on behalf of another (the beneficiary). Trusts are often used to manage real estate for estate planning, privacy, and tax benefits.
Key Advantages
- Estate Tax Minimization: Properly structured, trusts can reduce or eliminate U.S. estate tax exposure for foreign investors.
- Privacy and Control: Keeps ownership discreet and allows control even after death.
- Multi-Generational Wealth Planning: Protects and transfers wealth efficiently.
Considerations
- Complexity and Cost: Legal fees and trustee services can add up.
- Requires Expert Guidance: Small mistakes can trigger big tax consequences.
Trusts are not investment entities per se, but strategic vehicles. When paired with an LLC or LP, they form part of a Building Capital Framework—a layered approach we at Infinity⁹ use to help clients invest wisely across borders.
How Infinity⁹ Builds Smarter Investment Structures
We don’t believe in cookie-cutter setups. Every investor is different. Every property, every jurisdiction, every goal—unique. That’s why Infinity⁹ helps clients architect structures that align with their tax needs, residency status, and long-term vision.
We often combine entities: a foreign investor might use an offshore company to hold a U.S. LLC, which in turn owns the property. Add a trust layer for estate planning, and you have a structure designed to perform across generations.
It’s not about complexity for complexity’s sake. It’s about making sure your money doesn’t need a visa—and your investments aren’t caught off guard.
Final Thoughts
Don’t treat entity selection as a checkbox. It’s one of the most powerful levers in your real estate strategy. At Infinity⁹, we believe structure is strategy. And we work with clients to build smart, cross-border frameworks designed to thrive in any market.