1031 Exchange and Tenancy-in-Common: Looking For the Right Consultant to Attain TIC Investment Objectives

A long-established area in the federal tax code, section 1031, permits investor to offer residential or commercial property that has been held for financial investment purposes and delay capital gains and devaluation regain taxes if they get “like-kind” exchange residential or commercial property of equal or greater value and reinvest all their equity. Since the mid-1990s, numerous investors have actually experienced the advantage of reinvesting their equity into financial investment home interests structured as Tenancy-in-Common (TIC). TIC owners hold an undivided fractional ownership interest in investment home evidenced by a deed of trust.

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TIC, also called Co-ownership of Real Estate (CORE), enables a financier to take part in the ownership of institutional-grade, expertly managed financial investment residential or commercial properties. The financier’s equity can be diversified amongst numerous different residential or commercial properties, geographical markets and property business, possibly increasing both the value and safety of the real estate financial investment. TIC/CORE financial investments are developed to offer preservation of capital, predictable capital and long-lasting gratitude in institutional-quality financial investment residential or commercial property assets that gain from greater economies of scale.

With its features and advantages, TIC/CORE is a progressively popular 1031 exchange choice for many real estate investors. Nevertheless, 1031 exchanges and TIC/CORE deals are extremely made complex, with both tax and legal issues topping the list of possible risks. It is therefore important that investors be knowledgeable about exactly what to search for in a quality advisor. Financial advisors are needed by securities law to be effectively licensed in order to seek advice from clients concerning TIC/CORE transactions and other investment interests in property. Financial consultants must hold both Series 7 and Series 63 securities licenses to qualify them as well-informed, well-rounded consultants in the investment process. It is vital that they have experience in the industrial realty organisation, in addition to an understanding of personal investment objectives and client suitability problems.

But perhaps the most crucial component to search for in a TIC monetary consultant is their intimate, trusted and deeply rooted relationships with crucial realty companies. This characteristic is critical to their ability to supply the very best chances for their customers. There are practically 80 realty companies throughout the United

States that are either already included or considering participation in the TIC/CORE industry as a genuine estate provider. Certainly, a brand-new monetary consultant with little or no experience or industry understanding might not have access to the top genuine estate companies, as these companies choose to work with experienced consultants that specialize in this special section of the market.

Financiers must also understand how their monetary advisor accumulates, trying to find a history of effectively finished deals. A tested and long performance history indicates that a financial consultant is a skilled professional. An investor desires such an advisor in their corner asking all the ideal questions, making appropriate and proper recommendations, comprehending the nuances of effectively finishing TIC/CORE transactions and offering answers to any and all tax and legal questions.

When thinking about a 1031 exchange or TIC/CORE investment, financiers should ask the following particular questions of the monetary consultant:

* What portion of your company is 1031 exchange and/or TIC/CORE related?
* How many investors have you sought advice from that bought TIC/CORE structured properties this year? The number of last year?
* How long have 1031 exchanges and TIC/CORE been a focus of your investment suggestions?
* Do you have the proper licenses to complete this deal (Series 7, Series 63 securities licenses)?
* With which real estate suppliers do you work most carefully?

As consumer need continues to drive this sector of the realty market, the focus on quality – quality consulting, quality property, and quality transactions – will be significantly essential. Part of the qualitative process is making sure that monetary consultants representing a customer make proper recommendations for that customer based upon the client’s benefit and not based upon any “predisposition.” A final problem that has to be resolved is that it is not uncommon for “referral” settlement to be paid in between referring celebrations. This practice is unlawful and a complete breach of principles,. If any kind of settlement changes hands – disclosed or undisclosed – in between monetary consultants and Qualified Intermediaries, genuine estate business or other unlicensed people obtained from an exchange transaction, a felony might have happened.

In short, financiers must take the time to determine a reliable advisor who not only can supply acceptable answers to the above concerns, but who will likewise have the relationships needed to direct their customers into the appropriate financial investment. It is essential to bear in mind, people or companies associated with recommending, providing or selling 1031 TIC/CORE investments need to be certified with a broker-dealer, the SEC, the NASD and the state securities regulators in every state in which the company or specific operates and where the customer lives. Any “unlicensed” company or specific associated with suggesting, providing or offering these investments remains in direct violation of federal and state securities laws.

Co-ownership is the fastest growing choice for 1031 exchange financiers looking for appropriate replacement home. Effectively structured and provided, such investments can likewise generate brand-new listing opportunities for real estate agents while pleasing both the IRS “like-kind” financial investment property requirements and the SEC and NASD securities regulations. The benefits of co-ownership of institutional-grade real estate are clear and compelling. When exploring co-ownership, smart investors have to look for market professionals to assist them through the replacement property procedure. It is undoubtedly the smart investor who knows his or her long-term objectives that seeks experienced assistance to chart their course, consequently turning TIC/CORE investment opportunities into realities.

( c) 2005, 1031 Exchange Options. Reprint rights given so

A long-established area in the federal tax code, area 1031, permits real estate investors to offer property that has been held for investment functions and defer capital gains and devaluation recapture taxes if they obtain “like-kind” exchange residential or commercial property of equivalent or higher worth and reinvest all of their equity. The financier’s equity can be diversified amongst several different properties, geographic markets and genuine estate companies, possibly increasing both the worth and security of the genuine estate financial investment. TIC/CORE investments are developed to offer conservation of capital, foreseeable money circulation and long-lasting appreciation in institutional-quality financial investment property assets that benefit from higher economies of scale.

Financial consultants are required by securities law to be appropriately licensed in order to speak with clients concerning TIC/CORE deals and other investment interests in real estate. Appropriately structured and presented, such financial investments can also produce new listing opportunities for genuine estate representatives while pleasing both the IRS “like-kind” investment residential or commercial property requirements and the SEC and NASD securities policies.

About the Author: William Wood

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