Why You Should Own Your Rental or Real Estate Business Through an LLC in Texas

  • By David Abrams
  • 02 Apr, 2025

How Forming an LLC Can Protect Your Rental Property, Boost Your Real Estate Business, and Save You Money in Texas

At AWA Law Firm, we regularly advise clients across Texas on how to properly structure ownership of real estate investments, rental properties, and real estate businesses. One of the most common and valuable tools we recommend is the Limited Liability Company (LLC).

Whether you are an investor, landlord, or a licensed Texas realtor, owning or operating through an LLC offers significant legal, financial, and tax advantages. In this blog, we will break down the key reasons to consider forming an LLC and why it's a smart move for your real estate portfolio or professional practice.


Why Use an LLC to Own Rental or Investment Property in Texas?

Owning real estate personally exposes you to personal liability, meaning that if something goes wrong (a tenant lawsuit, a contract dispute, or an accident on the property), your personal assets — bank accounts, vehicles, and even your home — could be at risk.

An LLC separates your personal and business assets, creating a legal shield between you and the property’s liabilities.

Key Benefits:

  • Limited Liability Protection - Your personal assets are generally protected from lawsuits, debts, or claims related to the property.
  • Estate Planning & Succession - You can transfer ownership interests in an LLC much more smoothly than deeded property. It can also play a key role in avoiding probate when structured correctly.

  • Tax Flexibility - LLCs are considered “pass-through entities” by default, meaning rental income and expenses flow directly to your personal tax return, avoiding double taxation. You may also elect different tax treatments if it benefits you.
  • Privacy - Depending on how you structure your LLC, you may reduce the amount of personally identifiable information available in public records.
  • Ease of Management - LLCs are generally low-maintenance compared to other entities like corporations and still offer robust protections.

Example:

If a tenant sues after an injury on your property, a properly formed and maintained LLC can limit the exposure to only the assets owned by the LLC, protecting your personal finances.



Why Realtors Should Consider Using an LLC as Their Licensee Entity

Realtors often focus on personal branding but miss a big opportunity by not running their real estate commissions and business operations through an LLC. In Texas, the Texas Real Estate Commission (TREC) allows real estate agents to license an LLC to serve as the broker or business entity for their real estate activities.

Benefits of Realtors Using an LLC:

  • Collect Commission Directly Through the LLC - By licensing your LLC with TREC, you can legally have commissions paid directly to your company rather than to you individually.
  • Deduct Business Expenses More Cleanly - Operating through an LLC allows for clearer separation of business and personal expenses, making deductions for marketing, travel, office supplies, continuing education, and other costs much easier to track and defend if audited.
  • Liability Protection - The LLC helps limit personal liability, especially for contractual issues, client disputes, or agency risks.
  • Professionalism - Operating under an LLC can enhance your brand’s credibility when dealing with clients and other professionals.
  • Estate Planning & Asset Protection - Similar to investment properties, an LLC is a flexible tool for long-term planning, allowing you to structure ownership or succession of your real estate business.

Quick Note:

To fully benefit, realtors must register the LLC with TREC as a licensed business entity, which requires submitting the appropriate application and showing good standing with the Texas Secretary of State.


Texas-Specific Considerations

  • Texas does not have a state income tax, which already makes it attractive for real estate investment, but combining that with the use of an LLC can further optimize your tax situation.
  • Texas allows Series LLCs, a powerful option for investors with multiple properties who want to separate assets without forming multiple LLCs. Though AWA Law Firm does not typically recommend this arrangement.
  • TREC specifically recognizes and regulates business entities (like LLCs) for licensed real estate activities, making this a fully compliant and encouraged option for Texas real estate professionals.

Why Work With AWA Law Firm?

Forming and operating an LLC correctly isn’t just about filing a document. It’s about:

  • Drafting a strong Operating Agreement.
  • Structuring your ownership for liability protection.
  • Ensuring compliance with Texas and TREC requirements.
  • Coordinating the LLC with your estate plan and tax planning.

At AWA Law Firm, we have helped countless Texas investors, landlords, and real estate professionals form and operate LLCs that are tailored to their goals — not just a cookie-cutter online form. Our team will help you create a smart structure that protects you today and serves you well into the future.


Ready to Protect Your Business and Property?

If you are considering forming an LLC for your rental property, investment property, or real estate business, we are here to help.

Contact us today for a consultation:

📞 713-581-1150
🌐 www.awalawfirm.com
📧 legalteam@awalawfirm.com

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How the 10-Year Treasury Rate Impacts Mortgage Rates: An Informational Guide

When navigating the complexities of home financing, understanding the factors that influence mortgage rates can be invaluable. One critical yet often overlooked component is the 10-year Treasury yield. Let’s explore how the 10-year Treasury rate affects mortgage rates and what drives changes in this key financial indicator.

The Connection Between the 10-Year Treasury Rate and Mortgage Rates

The 10-year Treasury note is a debt obligation issued by the U.S. government, offering investors a fixed return over a decade. Its yield serves as a benchmark for many financial products, including mortgage rates. Here’s why:

  1. Risk-Free Comparison: Treasury notes are considered virtually risk-free since they are backed by the U.S. government. Mortgage rates, on the other hand, carry some risk due to potential borrower default. Lenders use the 10-year Treasury yield as a baseline and add a risk premium to determine mortgage rates.
  2. Market Dynamics: Investors view Treasuries and mortgages as alternative fixed-income investments. When Treasury yields rise, mortgage rates often follow suit, as both are competing for the same pool of investors.
  3. Correlation with Fixed-Rate Mortgages: While mortgage rates don’t move in lockstep with the 10-year Treasury yield, there is a strong correlation. Fixed-rate mortgages, particularly 30-year loans, are priced based on the yields of securities like the 10-year Treasury because of their comparable durations and investor demand.

Factors That Influence the 10-Year Treasury Rate

The 10-year Treasury rate is not static; it fluctuates based on several economic and market conditions. Understanding these influences can provide insight into mortgage rate trends.

  1. Economic Growth: When the economy is strong, investors demand higher yields on Treasuries due to increased opportunities for higher returns elsewhere. Conversely, during economic slowdowns, investors flock to safer assets like Treasuries, driving yields lower.
  2. Inflation Expectations: Inflation erodes the purchasing power of fixed-income returns. If inflation is expected to rise, Treasury yields typically increase to compensate for the anticipated loss of value.
  3. Federal Reserve Policies: While the Federal Reserve doesn’t directly control the 10-year Treasury rate, its monetary policies significantly influence it. For example, when the Fed raises short-term interest rates to curb inflation, long-term rates, including the 10-year Treasury yield, often adjust upward.
  4. Global Demand for U.S. Treasuries: U.S. Treasuries are a global safe-haven asset. High demand from international investors, especially during geopolitical or financial uncertainty, can push yields down.

Why It Matters for Homebuyers

Understanding the interplay between the 10-year Treasury rate and mortgage rates can help homebuyers time their decisions effectively. For example, during periods of low Treasury yields, mortgage rates tend to be more favorable, presenting an opportune moment for financing or refinancing a home.

In contrast, rising Treasury yields signal higher borrowing costs, encouraging prospective buyers to lock in rates sooner rather than later.

Final Thoughts

The relationship between the 10-year Treasury yield and mortgage rates underscores the interconnectedness of financial markets and the broader economy. By keeping an eye on Treasury trends and the factors driving them, borrowers can make more informed decisions about their mortgage options.

At AWA Law Firm, we’re committed to empowering clients with the knowledge they need to navigate real estate transactions successfully. Contact us today to learn how our legal expertise can complement your financial planning.

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