Lorain is a Dentist with $900K in change to invest in commercial real estate. She has been looking for a commercial property in the Bay Area for the last 2 years. There are few commercial properties in the $1M - $3M range for sale in the Bay Area. And if there are they tend to be very old and in an undesirable part of town with a lot of deferred maintenance and financially-weak tenants. She wonders who would undergo the courage to invest in such a property. She cannot afford the better and more expensive properties. However she noticed many good and affordable shopping centers outside of California with brand name tenants and
high income. With her work bring home the bacon schedule and 2 young children taking time off just to see these properties is a significant assign. Moreover she would not experience whether the area is a good place to invest. She would have to find a reliable property manager and then make business decisions like whom to lease the vacant space to thousands of miles away. She thought there must be a better investment solution.
his IRA funds is underperforming. As he grows older he is concerned about the volatility of the stock merchandise. The recent scandals about backdating stock options and Enron shook his confidence in public corporations. He now wants to use his IRA money to invest in tangible real estate where he has more alleviate and control. He learns that he could put this money in a self-directed IRA to invest in real estate. As he researches more he can use money from self-directed IRA account as a down payment. But the IRS precludes any personal guarantee for the give minimizing his supplement. This personal pledge is a major restriction because all residential
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lenders require it. In additional a self-directed IRA be without a social security number or Federal tax ID is not a borrowing entity that lenders accept (A full-length article about how to use self-directed IRA to invest in real estate will be featured in a coming issue.) There is a solution.
What is TIC? While TIC simply stands for Tenant In Common the call TIC often means a write of property in which several investors acquire together. A real estate broker gathers a group of investors like Lorain and Sunny together as an investment unify to purchase an income-producing property. The real estate broker is called a TIC sponsor. The sponsor is motivated to be
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for the best property so he may promote it to investors like Lorain and Sunny. This property is often more expensive e g. $5M-$10M; thus most investors cannot purchase individually. Lorain and Sunny are happy to invest in a good property with strong income. The TIC sponsor earns a equip from the sale and a contingent fee in the form of a 10% ownership of the property. So it s a win-win situation for both TIC sponsor and investors. The TIC sponsor manages the property provides a quarterly operating income & depreciate report and distributes income to investors.
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Lorain is pleased because she can invest in a good property with strong income and strong potential for appreciation. The property is in good hands with the TIC sponsor; so she can focus on her dental business and family. Sunny is very happy because he owns less than 25% of the property and thus he does not have to provide any personal guarantee for the loan. He meets the IRS requirement and can comfort maximize leverage. His share of operating income ordain be deposited to his self-directed IRA account. Since the loan be to finance the property is substantially larger e g. $6-10M.
TIC sponsor often forms a Limited Liability Company (LLC) to take call to the property. An LLC ordain shield the property from potential liabilities exposure. For example if one of the investors is sued the creditors cannot go after the property. This is because the investor has an equitable interest in the property but does not legally own it. The LLC is the legal owner of the property. The TIC sponsor is the manager of the LLC so he can make certain decisions e g sign the new lease on behalf of all investors.
The lender cannot go after other assets of the investors in inspect of default. The lender will demand all investors who own more than 25% of the property to fill out give application. So. Sunny needs to keep his ownership at less than 25% because his self-directed IRA is the owner of the property.
Income Tax: All the income may be reported by individual investors on the plan E. For example if Lorain owns 25% of the property she will receive an Operating Statement with income and depreciate information from the TIC sponsor. She ordain report 25% of the income. 25% of the expenses and 25% of the depreciation from the property on her schedule
1031 transfer: The ownership interest can be 1031 exchange property if the co-ownership is not classified as a partnership for tax purposes. Thus the investors may get tax deferral on a like-kind exchange of their fractional ownership interest.
The Happy Ending: The TIC sponsor suggests both Sunny and Lorain to consider investing with 2 other investors in a $7.9M. 2-year old. 30,900 SF. 12-tenant and 100% NNN leased upscale shopping bear on in Lawrenceville a fast growing and prosperous city in the suburb of Atlanta. GA. The property is located in lie of a Walmart Supercenter; so they
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both know it s in a prime location. The property currently has a $6M non-recourse loan at below merchandise evaluate of 5.6% interest through 2016. So while the cap rate is respectable at 7.25% the cash on change return is over 10% because the interest rate is so low. After reviewing the brochure and financial information of the property they sign the subscription agreement to move forward with the investment.
DISCLOSURE: To ensure compliance with requirements imposed by IRS Circular 230 we hereby communicate you that the U. S. Federal tax advice contained in this article is not intended to be used nor has this article been written to be used and it cannot be used by
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any taxpayer for the purpose: (i) avoiding penalties under the Internal Revenue Code or (ii) promoting marketing or recommending to another party any transaction or be addressed herein. No tax advice is being given by this bind for any specific transaction. If you wish advice about any particular transaction then please consult a professional tax advisor.
David V. Tran is the President/CEO of eFunding Inc. a commercial real estate & loan brokerage property management & leasing and TIC affiliate in San Jose. CA. His website is [http://www efundingcom com]www efundingcom com. He may be contacted at (408) 288-5500 eFunding does business in all 50 states. He is selected as Pensco Trust s (a study self-directed IRA
custodian) Preferred Professional and is the #1 among over 130 commercial real estate expert authors on ezinearticles com. David currently offers 3 FREE [http://www efundingcom com/seminar htm] real estate investment seminars process 12/07:
How to drop in commercial real estate for retirement income NOW. How to maximize cash move with 1031 tax-deferred exchange. TIC: strategy for small investors and self-directed IRA investors to change high-valued properties.
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