[WSBARP] Property in Name of LLC?

[Mark Anderson]

RCW 25.15.154 alludes to how this situation should be interpreted.  (2)(a) states the authority of a person as manager, which power would necessarily include acquisition of real property.
I agree, though, that the wording is a bit troublesome.
If the IRS won't buy the explanation, then just re-record the quitclaim deed (a "correction deed" if you will) with the parties more clearly identified.  The time spent in trying to get around the recording fee will probably far exceed the fee to re-record.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Tuesday, August 31, 2021 4:17 PM
To: wsbarp at LISTS.WSBARPPT.COM; Listserve RealProp (realprop at googlegroups.com) <realprop at googlegroups.com>; REALPROP at yahoogroups.com
Subject: [WSBARP] Property in Name of LLC?


Listmates, a perusal of casemaker doesn't reveal an answer.  I have a matter where there was a 2007 quitclaim deed that said (paraphrasing): "Mom, trustee of the Mom family trust, quitclaims the property to Mom, manager of the Mom, LLC."  OK, so RCW 25,05.065 says that for a partnership "property is partnership property if acquired in the name of ....one or more of the partners with an indication in the instrument transferring title to the property of the person's capacity as a partner or of the existence of a partnership...".  So, is there a comparable provision for LLCs?  I can't find one.  Client desires to have the IRS accept that the property is in the LLC.  We could prepare and record a "correction" deed naming the LLC as the "correct" grantee but would rather not if unnecessary.



[Paul A_ Neumiller2]
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210901/59065080/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 14843 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210901/59065080/image001.jpg>