When you close on an investment property in New Hanover or Onslow counties, the excitement is usually about the potential appreciation or the cash flow. However, veteran investors know that how you hold the title is just as important as the property itself.
In the litigious world of real estate—especially in a vacation market with high turnover like Surf City or Wrightsville Beach—operating in your personal name is often a risk you cannot afford to take. The right entity structure acts as a shield, protecting your personal assets from the liabilities of your business. Conversely, the wrong structure can trigger a tax nightmare.
The LLC: The Coastal Standard for Rentals
For the vast majority of investors holding long-term or short-term rentals in Brunswick or Pender counties, the Limited Liability Company (LLC) is the gold standard.
- The Shield: If a tenant slips on a wet deck in your Oak Island beach house and sues, the LLC structure (when maintained correctly) generally limits their claim to the assets inside that company, protecting your personal home and savings.
- The Tax Flow: The IRS treats a standard single-member LLC as a "disregarded entity," meaning the income flows directly to your personal tax return. You get the protection without the headache of a separate corporate tax return.
- NC Specifics: In North Carolina, maintaining an LLC is relatively affordable. You must file an Annual Report with the Secretary of State (currently $200/year) to remain in good standing.
The S-Corp: The "Active" Income Engine
We often see investors ask, "Should I be an S-Corp to save on taxes?" The answer depends entirely on what you are doing.
An S-Corp is not a business entity but a tax election. It is a powerful tool for active income—think house flippers in Leland or real estate agents in Wilmington.
- The Win: It allows you to split your income between "salary" and "distributions," potentially saving thousands in Self-Employment Tax (Social Security/Medicare).
- The Trap: S-Corps are generally terrible vehicles for holding appreciating rental real estate.
- The Tax Hit: If you ever want to move a property out of an S-Corp (to refinance or separate assets), the IRS treats it as a "deemed sale." You could owe capital gains tax on the appreciation immediately, even if you didn't sell the house.
- Refinancing Friction: Lenders often find it more difficult to underwrite loans for properties held in S-Corps compared to LLCs.
The "Series LLC" Question
You may hear gurus talk about "Series LLCs" to separate each property into its own cell. While popular in states like Texas or Delaware, North Carolina does not currently have a domestic Series LLC statute. While you can form one elsewhere and register it here, the legal testing of that protection in NC courts is less established than a traditional LLC. For a portfolio of condos in Topsail, many local attorneys simply recommend separate traditional LLCs for distinct asset groups.
Your Next Step
Entity selection is not a DIY project. A mistake here—like putting a $1M beach house into an S-Corp—can cost you tens of thousands in taxes later. You need a team that includes a CPA, a real estate attorney, and a strategic broker.
Aspyre Realty Group are experts in listening and communicating people's wants into homes and investments that work for them. We act as your strategic partner, connecting you with the local legal and tax professionals who understand the specific nuances of the Coastal NC market. Let’s connect to discuss how to structure your next acquisition for maximum protection and profit.





