1031 Exchange Blog - 1031 Exchange Information

Grant Conness

Learn the ins and outs of investing in 1031 real estate. Have a question? Ask us you 1031 exchange questions by emailing [email protected].

  • What are some of the benefits of investing in Tenant In Common (TIC) properties?
    Listen to our Podcast on Tenant in Common (TIC) Investing Benefits Potential Access to Institutional Quality Real Estate Investors who choose to invest into a TIC program as a 1031 exchange replacement property or as a direct investment are given the opportunity to invest in a caliber of real estate they typically may not be able to acquire on their own. For example: an individual investor with $500,000 may not be able to afford a 500 unit, class “A” apartment complex in a growth market. On the other hand, 25-30 accredited investors with $500,000 each have the ability to acquire such a property managed by an experienced national property management company. Passive Ownership Investment Many investors have owned property for a long time, realize the tax savings a 1031 exchange can provide, but are tired of the daily headaches of managing investment property. TIC investors are relieved of the day-to-day management hassles of sole ownership. They may have to approve major decisions such as a lease renewal, but in general TICs are a passive form of ownership that can free up time for other endeavors. The real estate sponsor will find the property, conduct its due diligence, arrange financing, manage the property, negotiate leases, distribute income, provide accounting reports and execute the final sale. Investor will also typically receive quarterly statements, monthly conference calls, and are always welcome to tour the property. Potential for Income and Growth Like any form of real estate, there is no guarantee of positive or steady income, but investors should choose a sponsor with an experienced management team with a track record of performance. The primary goal of most real estate investors is to generate income with the potential for growth. Experienced sponsor strive to do increase the investor’s annual yield and increase the market value of the property at same time. Financing With today’s difficult lending environment, borrowing money for real estate is harder than ever. Well capitalized TIC sponsors may have the relationships and experience to free an investor from the difficult lending process. The established TIC sponsors in the industry have the ability to secure pre-arranged financing and typically receive more competitive terms than what’s available to an individual investor. Diversification Depending on the equity amount an investor is looking to exchange or the cash an investor has to invest, TICs can provide an opportunity to diversify a real estate portfolio. Typically, at any point in time there are several TIC properties available around the country for an investor to consider. It may be possible to exchange into a medical center, an apartment complex and an office building in different geographic locations throughout the country. Risks As with any investment in real estate, there are risks associated with TIC ownership, including fluctuations in the real estate market that may impact the value of the property. The following risks may also be associated with investment: illiquidity, economic risks due to vacancy rates, default if unable to pay mortgage and possible loss of principal. TIC ownership requires unanimous approval to take major action, such as a re-finance or sale. Obtaining unanimity may be difficult when 10 or 20 investors are involved. It is not possible to address all relevant risk factors in this forum. Risk factors are outlined in the Private Placement Memorandum for each offering. Investors should thoroughly understand all risk factors and discuss them with their financial representative prior to investing in a 1031/TIC offering.
    24 March 2009, 12:40 am
  • Where do we go from here? “A Roadmap to Recovery”
    By now everyone is well aware of the economic turmoil that is currently facing our country. From our prospective investor confidence is “way down” and many investors are either sitting on the sidelines waiting for a recovery or are “staying the course” and waiting for their stock portfolios to hopefully rebound. In our minds capital must continue to move to create an opportunity for growth and get the economic engines cranking again. Needless to say many of our investor-clients are constantly seeking guidance from us as to where to turn. The two most common questions we hear are: What can you do? And where do we go from here? As an effort to better inform and educate our investor-clients and prospective clients alike on which non-correlated stock market investment strategies might be available during these trying times, 1031 Alternatives Group is offering investors a “Roadmap to Recovery Series.” Though our crystal ball as to when the recovery may begin may be no better than anyone else’s, over the next few months we will share with you a variety of investment opportunities that have proven to be time-tested and successful to investors. Please note past performance is not indicative of future returns. The strategies that 1031 Alternatives Group represents are hard-assets, again do not correlate with the stock market and have generally been “known to few but beneficial to many.” Our first investment is the KBS REIT II. The KBS REIT II is a public-non traded real estate investment trust (REIT). Real Estate Investment Trusts – REITs pull the capital of many investors to acquire or provide financing or equity for real estate properties. They permit investors to invest in a diversified real estate portfolio managed by a professional management team, and the structure pays out at least 90% of its taxable income to those investors. REITs avoid federal “double taxation” treatment of income that results from investments in other corporations because REITs are generally not subject to federal corporate income taxes on its net income if it complies with certain federal income tax requirements. Generally, REITs intend to provide investors with an opportunity to own a select portfolio of income-producing properties. Objectives may include income, diversification, and potential for capital appreciation through investing in commercial office, warehouse, retail, medical office, hotel, marina, assisted living, self-storage, or multi-family real estate. The KBS REIT II employs a unique hybrid investment strategy – focused on both equity and debt investments – with approximately 70% of invested capital in core real estate assets while the remaining 30% targeted at potentially higher yielding structured debt investments and value added properties. This strategy is intended to provide increased risk management as well as broad portfolio diversification by property type, geographical region, investment size and investment risk. Below is a highlight sheet of one of the recent investment in the KBS REIT II as well as a link to the SEC 8k filing that further discusses the investment. This offering is only made by prospectus. Individuals should read the entire prospectus to understand fully all of the implications and risks of this offering. Below is a link to the prospectus, if you are unable to open this link, please call our offices directly 866-405-1031 and we will send one to you. Read the KBS REIT II Prospectus Click Here to Review KBS REIT II Highlight Sheet on the Northern Trust Debt Investment Click Here to Review the KBS REIT II SEC 8k Filing To obtain a prospectus on this investment program or any other investments that we may offer, please feel free to contact our offices directly 866.405.1031. Risks: As with any investment in real estate, there are risks associated with REIT ownership. It is not possible to address al relevant risk factors in this forum. Risk factors are outlined in the Prospectus for each offering. Investors should thoroughly understand all risk factors and discuss them with their financial representative prior to investing in a REIT. Securities offered through Pacific West Securities, Inc. – Member FINRA/SIPC
    18 February 2009, 7:35 pm
  • Worker, Retiree and Employer Recovery Act signed into law
    Several of 1031 Alternatives Group’s direct investor clients have recently asked questions in regards to the new Worker, Retiree and Employer Recovery Act that was recently passed as it relates to required minimum distributions (“RMDs”) for retirement plans. We thought the following information would be helpful to others as well. Please let us know if you have any questions on this material and/or if we may be of any service to you regarding this subject. Worker, Retiree and Employer Recovery Act signed into law On December 23, 2008, President Bush signed the Worker, Retiree and Employer Recovery Act of 2008 into law. The legislation, which Congress passed by unanimous consent, includes provisions to provide much-needed relief for pension plan sponsors as well as individual investors. Key Details Among the most significant provisions in the bill are those that address the transition to the new PPA funding rules, the “smoothing” of pension plan assets and the restriction on benefit accruals. Specifically, the legislation: Suspends a tax rule that requires seniors (age 70½ and older) to take minimum required distributions: The bill suspends the rule requiring RMDs from tax-favored retirement accounts or payment of a 50 percent penalty on the amount they are required to withdraw. The bill suspends the penalty only for 2009, and the Treasury has indicated that it will not issue additional required minimum distribution relief for 2008. Allows plans to phase-in to PPA funding targets: The bill eases the transition to the new, more restrictive PPA funding rules. PPA phases in full pension funding targets from 90 percent to 100 percent over four years (2008 target – 92 percent; 2009 target – 94 percent; 2010 target – 96 percent; and 2011 target – 100 percent). Under PPA, if a plan missed its funding target in any phase-in year, the target automatically increased to 100 percent. The new bill adjusts the “phase-in” rule to allow plans that miss their funding target in any year to retain their original target instead of jumping to 100 percent. These provisions apply for 2008, 2009 and 2010 plan years. Permits 24-month asset smoothing: The bill permits employers to “smooth” the value of their pension plan assets over a period not to exceed 24 months instead of using an “averaging” method. (Smoothing allows plan sponsors to take anticipated earnings into account when calculating asset values; averaging, as interpreted by the IRS, does not.) This change is intended to soften the impact of investment losses. However, the bill does not expand the asset corridor, so a smoothed asset value would have to fall within 90 to 110 percent of the fair market value of assets as required under PPA. For 2009, the smoothed value of many plans’ assets will fall above the 110 percent mark, negating the benefits of smoothing. Eases requirements that restrict the accrual of pension benefits: The bill provides a look-back rule to help plans that drop below the 60 percent funding threshold avoid the restriction on benefit accruals. Plans will be able to look back to the previous plan year to determine their funded status as it would apply to workers’ abilities to accrue pension benefits. While this is a welcome development, it will impact far fewer plans than easing the benefit restrictions that prohibit plans that are less than 80 percent funded from paying full lump sums would – a proposal the business community was urging Congress to adopt.
    8 January 2009, 7:55 pm
  • Use of Master Lease to Address Limitations of the Delaware Statutory Trust (DST)
    In order for a DST to qualify for favorable tax treatment, certain restrictions are placed on the trustee regarding its operation of the property. One limitation of the DST is that the trustee cannot enter into new leases or renegotiate the current leases. If the property is subject to a long-term triple net lease with a credit-worthy tenant this may not be a problem. In this situation, the DST could lease the property to the tenant directly and simply provide a property manager. However, the DST will most likely use a long-term Master Lease to an affiliate of the sponsor if the property has a short-term lease, or other characteristics make it probable that the property may need to be re-leased while it is held by the DST. Under Revenue Ruling 2004-86, the lessee of the property held by the DST can sublease the property and then renegotiate subleases or enter into new subleases. Thus, the Master Lease structure allows the master lessee (sponsor affiliate) to re-lease the property and renegotiate leases. The DST itself would not be able to do that. According to Rev. Ruling 2004-86 the following are considered the “seven deadly sins” of a DST structure: 1) Sell real estate and use proceeds to acquire new property 2) Renegotiate an existing lease 3) Enter into a new lease 4) Renegotiate an existing loan or borrow additional funds 5) Accept additional capital contributions from existing investors 6) Invest money of the DST in anything other than short-term government obligations 7) Make improvements to the real estate other than minor, non-structural modifications and those required by law Delaware Statutory Trusts Possess Risks Delaware Statutory Trusts are not without their risks. As with any type of real estate investment, investors may be subject to high vacancy rates and loan defaults. DSTs are also not sole-ownership investments. A Delaware Statutory Trust is a more passive investment made up of multiple owners and ultimately controlled by the master tenant (the sponsor). Also, the structure has limited usefulness for properties with multiple tenants or large capital improvements needing to be made. It is important for investors who may be considering the Delaware Statutory Trust strategy to consult with an experienced Delaware Statutory Trust professional, and to obtain competent legal and tax advice. Upon thorough evaluation, the Delaware Statutory Trust structure may be a viable investment alternative for qualified real estate investors. But only your tax adviser and lawyer can tell you if it's right for you.
    5 January 2009, 8:00 pm
  • Tenants in Common Second Quarter Update
    12 December 2008, 7:25 pm
  • 5 Most Asked Tenants in Common Questions
    Listen to our New Podcast on - 5 common questions pertaining to 1031 Tenant In Common (TIC) investments 5 common questions pertaining to 1031 Tenant In Common (TIC) investments: I heard partnerships do not qualify as “like kind” property for a 1031 exchange. How does the purchase of a Tenant In Common (TIC) interest differ from a partnership? The most profound reason is a 2002 IRS Revenue Procedure ruling. This ruling, Revenue Procedure 2002 dash 22, essentially set forth the guidelines whereby a TIC would be recognized as real estate, not as partnership. Hence, it could be used in a 1031 tax-deferred exchange. There was a small group of companies, mostly in southern California, offering TIC properties in the 1990’s as passive investment options for their clients. However, since the landmark ruling in 2002, TIC offerings have grown into a multi-billion dollar industry. How is a Tenant In Common (TIC) property structured? A Tenant In Common (TIC) investment represents co-ownership of real estate by two or more investors and is a form of holding title to real property. TICs permit up to 35 small to midsize investors to own an undivided fractional interest in a large, potentially institutional quality property/properties. TIC investors are on deed and considered a direct owner of the underlying real estate. TIC owners share “pro rata” in the potential income, tax benefits and capital appreciation of the property. Since the Internal Revenue Service issued guidance in 2002 (Rev. Proc. 2002 dash 22), TICs have become the preferred investment vehicle for real property investors who desire to defer capital gains taxes via a 1031 exchange and own property without the day to day management headaches. Who is a Tenant In Common (TIC) “Sponsor” and what role do they play? The TIC sponsor is a real estate firm who usually negotiates the purchase of the property, arranges the financing and distributes the potential income to the TIC investors. There are several key elements to consider before you choose which sponsor to turn your money over to for your 1031 exchange replacement property. The experience of the sponsor is extremely important. Typically, a sponsor with a solid track record and several years of experience can give an investor greater confidence than a new sponsor just now trying to tap into this growing, competitive market. An investor should also examine the experience of the key personnel of the company to determine how effective these individuals have been in acquiring, managing and eventually selling institutional quality properties in various real estate climates. For a sponsor to be most effective, they must demonstrate that they are committed to the longevity of the investors they serve. Can I contact my realtor to purchase a Tenant In Common (TIC) investment? Since 2002, when the IRS issued official guidance in Revenue Procedure 2002-22 on how Tenant In Common (TIC) investments would qualify for replacement property under Section 1031, the TIC industry has exploded into a multi-billion dollar a year business. However, since 2002, the vast majority of TIC investments have been sold through the securities industry by licensed securities representatives and broker-dealers, not through the traditional means of licensed real estate professionals. There is pending legislation with the National Association of Realtors and the SEC which would permit realtors to get involved. Can I do a 1031 exchange into more than one Tenant In Common (TIC) property? Yes. Depending on the equity amount and other factors of your individual exchange, you may have the ability to exchange into multiple TIC properties. This can potentially allow you diversify your investments by asset type and geographic location. For example if you sold a property for $1.5 million you could potentially acquire an apartment building in North Carolina, an office building in Texas and a shopping center in California. Subscribe to our iTunes 1031 Exchange Podcast
    14 September 2008, 8:31 pm
  • Real Estate for IRAs and Other Qualified Plans
    With a struggling stock market and challenging economy many individuals are searching for alternative investment options for their retirement accounts. People obviously want their money to grow so they can retire comfortably and do the things they want to do. One alternative investment class often overlooked by the average investor is institutional-quality real estate. And by adding an asset to your portfolio that is non-correlated to the stock and bond market you have the potential to lower your overall investment risk. The type of real estate investors can have exposure to can range from medical office buildings to apartment complexes. These types of real estate investments can be located in strategic growth markets around the country. The most common way for people to set up a retirement account with access to these types of alternative investments is with a Self-Directed IRA or other qualified plan. Without getting into further discussion on how to structure these plans properly, it’s important to seek advice from an investment professional that specializes in these types of investments. Below are some of the investment vehicles people can choose from: Non-Traded REITs (Real Estate Investment Trusts) LLCs Limited Partnerships Note Programs 1031 Exchange/Tenant In Common (TIC) Investments For more information on 1031 Exchanges
    26 August 2008, 4:34 pm
  • Do you have questions about a 1031 Exchange?
    We have the answers. Listen or watch our podcast on 1031 Exchange 5 common questions. If you have your own questions then give us a call 866-405-1031 Listen to 1031 Exchange 5 common questions. Watch the 1031 Exchange 5 Common Questions Video.
    20 July 2008, 5:50 pm
  • Tenants in Common Basics
    Do you want to know the basics about Tenant in Common Investment Properties? Listen to our Podcast, watch the video or read the transcript below. Tenants in Common Basics - Podcast Subscribe to our iTunes 1031 Exchange Podcast Tenant In Common (TIC) Investment Properties Welcome to the 1031 Alternatives Group podcast on Tenant In Common (TIC) Investment Properties A Tenant In Common (TIC) investment represents co-ownership of real estate by two or more investors and is a form of holding title to real property. TICs permit small to mid-size investors the ability to own an undivided fractional interest in large, institutional- quality properties, such as office buildings, medical office, shopping centers and apartment complexes. TIC investors are on the deed and considered a direct owner of the underlying real estate. However, each Tenant In Common (TIC) investor or co-owner is not involved in the day-to-day management of the property. Each TIC investor enjoys his or her “pro rata” share of the net income, tax shelters, appreciation, and share of the proceeds at the property’s resale. Tenant In Common (TIC) properties are passive income vehicles that typically provide a monthly cash flow to investors. These are not partnerships and TIC investors have voting power on key decisions. Even though a large amount of equity has been placed into Tenant In Common (TIC) investments to date, in various ways TICs have been an unknown investment option to many investors. Many of the earlier investors resided on the West Coast of the United States, but more and more investors across the country are becoming aware of the potential benefits TICs have to offer. The most powerful reason TICs have grown in popularity can be attributed to a 2002 Internal Revenue Service (IRS) Revenue Procedure ruling. This ruling (Rev. Proc. 2002-22), essentially set forth the guidelines whereby a TIC would be recognized as real estate, not as a partnership. Hence, it could be used in a 1031 tax-deferred exchange. TICs have become the preferred investment vehicle for real property investors who wish to defer capital gains and depreciation recapture taxes via a 1031 exchange and own real property without the management headaches. Potential Benefits of Tenant in Common Investments: Defer 100% of capital gains tax Defer depreciation recapture tax Relief from property management headaches Upgrade to potentially institutional quality real estate Potentially increase current income & capital appreciation Diversify real estate investment holdings by asset class Identify quality replacement property solutions during the stringent 45-day window Geographically diversify real estate holdings Non-recourse financing in place to meet 1031 leverage requirements Cash flow from properties may be partially sheltered by new depreciation schedule. Risks of Tenant in Common Investments: As with any investment in real estate, there are risks associated with TIC ownership, including fluctuations in the real estate market that may impact the value of the property. The following risks may also be associated with investment: illiquidity, economic risks due to vacancy rates, default if unable to pay mortgage and possible loss of principal. TIC ownership requires unanimous approval to take major action, such as a re-finance or sale. Obtaining unanimity may be difficult when 10 or 20 investors are involved. It is not possible to address all relevant risk factors in this forum. Risk factors are outlined in the Private Placement Memorandum for each offering. Investors should thoroughly understand all risk factors and discuss them with their financial representative prior to investing in a 1031/TIC offering. With proper planning and by working with an experienced industry professional well versed in the niche field of 1031 exchange tenant in common investments an investor has the ability to develop a well-diversified, less-management intensive real estate portfolio, and is able accomplish these objectives all in a tax-deferred manner. We thank you for tuning into the 1031 exchange podcast with the 1031 Alternatives Group on Tenant In Common (TIC) Investment Properties. Grant Conness (1031 Alternatives Group): Real Estate - Other in Boca Raton, Palm Beach County, Florida
    4 July 2008, 7:18 pm
  • 1031 Exchange Video - Tenant in Common Securitized Transactions - What Real Estate Professionals need to know
    Watch our new 1031 exchange video on - What real estate professionals need to know about the National Association of Realtors (NAR) Recent Exemption Request to the SEC on Securitized Tenant in Common (TIC) Transactions
    17 June 2008, 12:54 pm
  • What Real Estate Professionals need to know about Securitized TIC Transactions
    Listen to our latest 1031 Exchange Podcast on What Real Estate Professionals Need to Know about the National Association of Realtors (NAR) Recent Exemption Request to the Securities and Exchange Commission (the SEC) on Securitized Tenant-In-Common (TIC) Transactions. Subscribe to our iTunes 1031 Exchange Podcast Read the 1031 Exchange Podcast Transcript - Since 2002, when the IRS issued official guidance in Revenue Procedure 2002-22 on how Tenant In Common investments would qualify for replacement property under Section 1031, the TIC Industry has exploded into a multi-billion dollar a year business. However, ever since 2002, the vast majority of TIC investments have been sold through the securities industry by licensed securities representatives and broker-dealers, not though the traditional means of licensed real estate professionals.
    16 June 2008, 5:23 pm
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