Here's the complete replacement — copy and paste this entire block into your Header Scripts, replacing everything that's currently there: ```html

Business Law Blog

Why Your Building Shouldn't Live Inside Your Operating Company

Posted by Amanda Butler Schley | Jul 09, 2026 | 0 Comments

If your business owns the building it operates out of — or you're thinking about buying real estate through your company — this is worth five minutes before you sign anything.

We see it often: a founder buys a building, and because the business already has an entity set up, the property goes in under that same company. It's easy. It's also usually the wrong move, and unwinding it later can be expensive.

The Problem With Mixing Real Estate and Operations

An operating company and a piece of real estate are fundamentally different kinds of assets. One runs day-to-day, takes on liability from customers, employees, and vendors. The other is meant to hold value and, ideally, appreciate quietly in the background. When you put them in the same entity, you tie the fate of one to the other.

A few ways that plays out:

Liability exposure works both directions.

If your business gets sued and a judgment exceeds your insurance, the building is sitting right there as a company asset — exposed to that claim. Conversely, if something happens on the property, your operating business is on the hook too.

Getting the property back out gets expensive.

Real estate held inside a company for years tends to appreciate. When a business owner later wants to pull that property out — to put it in a trust, sell the operating business without the building attached, or simply separate personal assets from business risk — that transfer can trigger a tax event on the appreciation, even though nothing was actually sold. The value went up while sitting inside the company, and untangling it means reckoning with that gain.

It complicates a future sale.

Buyers of a business generally want to buy the operating company — not necessarily the real estate underneath it. When the two are bundled into one entity, separating them for a clean sale takes extra legal and tax work that could have been avoided at the outset.

The Better Structure

The standard approach: hold real estate in its own separate entity, distinct from the company that operates the business. The operating business then leases the space from the real estate entity — even if both are owned by the same person. This keeps:

      Liability contained to the entity that actually generates the risk

      The property's appreciation outside the reach of operating-business creditors

      A clean path to sell, refinance, or transfer the real estate independently

      The business itself easier to sell later, without real estate entangled in the deal

If You've Already Combined Them

This isn't a five-alarm fire if it's already done — but it's worth an honest look at what unwinding would cost versus what it's protecting you from going forward. The right move depends on how much the property has appreciated, what your growth and exit plans look like, and what risk your business actually carries.

This is also a conversation that needs both a lawyer and a tax advisor at the table together — the entity structure is a legal question, and the tax consequences of separating assets are a numbers question. Neither side should be figured out in isolation.

The Bottom Line

Before you buy a building through your business — or if you already have — it's worth a conversation about whether it's sitting in the right entity. Getting the structure right at the front end is far simpler than untangling it later.

About the Author

Amanda Butler Schley

Amanda Butler Schley is a New Orleans business attorney and founder of Business Law Group, advising entrepreneurs, LLC owners, and growing companies on business law, contracts, entity structuring, and partner relationships. She helps clients proactively manage risk, resolve disputes, and build legally sound, scalable businesses using a strategic approach she calls “legal leverage.” Amanda works with founders across industries—including hospitality, retail, and professional services—to structure deals, navigate complex business decisions, and protect long-term growth.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Who We Are

Business Law Group is a boutique business services law firm in New Orleans, Louisiana. Our focus is on understanding the legal pitfalls of your business and industry, as well as the secrets to maximizing your legal leverage at every opportunity and in every negotiation. We work selectively with clients that aren't ready for the overhead expense of an in-house general counsel, but understand the advantages of having a trusted legal advisor on their team. Amanda Butler has been ranked as a Louisiana SuperLawyer, New Orleans Top Lawyer, Best Lawyers, and in Leaders of Law.

Awards