Editorial reprinted with permission from The Kirkland Courier
As we all know from reading the headlines, real estate in
the Puget Sound region has appreciated significantly over the past few years. As a result,
many people have much of their investment assets tied up in this real estate - whether it's a
rental home, apartment house or commercial property.
But what happens when these investors no longer want to manage their property? What
happens when they get to a point in their lives when they no longer want to deal with what I call
the three T's; tenants, toilets and trash? And, when it comes time to sell, how can investors avoid
the fourth T - taxes?
Gary Justice
There is a way for investors to take their real estate holdings, defer taxes
and still earn an income stream from the appreciated real estate. There is a way for these investors
to trade in their rental residences - with rents that don't always keep up with the rising value of
real estate - for a larger institutional quality real estate option that until recently was available
only to very wealthy investors. And, there is a way to do this without paying taxes on the real estate sale.
One option is through a Tenancy-in-Common 1031 exchange. Many real estate
investors already know that a 1031 exchange allows individuals who hold real estate to sell their
property and buy other investment real estate and defer their taxes. There are very specific
Internal Revenue Service rules that must be followed; investors must use the services of a qualified
intermediary, or 1031 exchange facilitator.
But the benefits are worth the hassle - if investors are careful. These 1031
exchanges apply to most types of investment real estate, including apartments, retail centers, office
buildings, warehouses and agricultural property. The investment properties can be sold and the proceeds
reinvested tax-deferred into any other types of qualified investment real estate.
Over the past four years, tenancy-in-common (TIC) exchanges have become the fastest
growing option for 1031 exchange investors seeking suitable replacement property. That's because the
IRS in 2002 released procedures outlining how to properly execute a tenancy-in-common exchange. This
action eliminated much of the uncertainty about whether a transaction would qualify for the favorable
tax treatment offered in section 1031 of the IRS code.
A TIC exchange enables an investor to buy a piece of an
institutional-grade commercial property and earn income from the property. For example, an investor
with as little as $100,000 to reinvest in a replacement property can buy part of a multimillion-dollar
piece of real estate. They can diversify their original holdings in a single piece of
property by investing in up to three separate TIC properties.
Here's how this works. I have a client (CMF1) who owned and managed two Seattle-area
rental homes. The combined annual rental income from the two homes was $21,600. The annual combined real
estate taxes and homeowner's insurance was $7,100. Therefore, the annual net profit on the two homes was
$14,500.
Using net proceeds from selling the rental homes (CMP2), the client converted into a
TIC ownership of two warehouse/manufacturing centers in two different regions of the country. He no longer
had property management headaches - plus he more than doubled his annual net income to $30,000 a year. Not
all investors get such economic results from a TIC exchange. The new properties - like the rental homes -
also offer the same depreciation benefits to the client. With additional income, the client has more money
to spend or invest - with the possibility that the properties will also appreciate in value by the time they
are sold.
With a Tenancy-in-Common, investors receive a deed for their fractional ownership in
the property. They receive their fractional share or the income from the investment - in addition to any
potential appreciation on their property when it is sold after a typical term of five or ten years.
Some properties have a lower income stream that is based on the performance of the
property, but offer a greater opportunity to share in any appreciation when the property is sold. Some
TIC sponsors offer a master lease, in which the sponsor accepts the income risk of the property and
guarantees the investor a specified annual income.
In addition, many people use a TIC property as an estate-planning tool. Through a
1031 exchange, a couple is able to continue to swap out properties (tax deferred) until one spouse dies.
In a community-property state such as Washington, the property passes to the surviving spouse at the
current fair market value. This step-up in cost basis eliminates any need for future 1031 exchanges.
These programs aren't for everyone. As with any real estate investment, the assets are
not liquid and investors should plan to stay invested until the property is sold. Investors also must be
accredited with a minimum net worth of $1 million. And of course, there are the standard real estate risks,
including vacancies and the possibility of property devaluation.
There are now dozens of companies across the United States offering Tenant-in-Common
replacement properties and billions of dollars of Tenant-in-Common owned properties on the market. The Key
is finding someone to help the individual investor find the right property to fit his or her needs.
Conover Feek
11250 Kirkland Way, Suite 203, Kirkland WA 98033
Email: info@conoverfeek.com
Phone: (800) 228-3335 Fax: (425) 822-0668
Securities offered through Conover Securities Corporation. Member FINRA/
SIPC
Advisory services provided through Conover Capital Management, LLC, a Registered Investment Advisor