Choosing the real estate company, despite the costs and complex management, guarantees a series of considerable advantages, including:
Asset protection – Corporate management ensures greater protection of assets. For example, it will not be possible to undergo a real estate foreclosure but a real estate foreclosure of the shares in the SRL California Real Estate License.
Generational change – Possibility of transferring part of the properties through the notional share in the Srl with reduced tax costs compared to the single transfer of the properties. Possibility of avoiding gift or inheritance tax for descendants in a straight line or spouse even for assets exceeding one million euros in compliance with legal conditions. Control of the company – with a stake of more than 50% – for a period of at least 5 years by the donee or heir and continuation of the business activity in the form of a company.
Opening a real estate company presupposes that it is operational. If the properties owned by the company remain in the full availability of the partners / shareholder and there is no entrepreneurial activity for the Revenue Agency, a shell company is envisaged with the consequent penalizing discipline relating to non-operating companies.
HOW TO SET UP A PROPERTY MANAGEMENT COMPANY
At a bureaucratic level, a real estate management company can be established both in the form of a partnership (simple partnership – ss, broad partnership, restricted partnership and in the form of a joint stock company (joint stock company – spa, restricted partnership insufficient by shares, limited liability firm.
COSTS OF TRANSFERRING PROPERTIES TO COMPANIES
Before choosing whether the real estate company is the right choice, it is necessary to evaluate the transfer of the properties. When the shareholder transfers the properties to the company, a registration tax of 9% for residential buildings, 7% for operating buildings and 12% for land is paid. Without considering the mortgage and cadastral tax, notary fees and related costs, such as the appraisal of the properties by a professional. Costs that, on the other hand, are saved if the properties are held as a natural person.