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Investing in real estate is a time-honored strategy for building wealth and among the various investment structures available, Tenant-in-Common (TIC) interests stand out for their unique advantages. TIC ownership allows multiple investors to hold undivided fractional interests in a property, providing a flexible and accessible way to invest in real estate without the need to form a partnership or corporation. This structure is particularly appealing for those looking to diversify their investment portfolios, participate in larger real estate deals or take advantage of tax deferral opportunities offered by 1031 exchanges.
TIC arrangements have been increasingly utilized in recent years, driven by the desire of investors to optimize their real estate holdings while managing risk. Each co-owner in a TIC arrangement holds a distinct and transferable interest in the property which can be bought, sold or inherited independently of the other co-owners. This structure not only facilitates greater investment flexibility but also aligns with the legal and tax frameworks that govern real estate transactions in the United States.
Understanding the intricacies of TIC interests is crucial for anyone considering this investment route. The regulations governing TIC arrangements, particularly the IRS Revenue Procedure 2002-22, provide a comprehensive framework to ensure that these arrangements are treated appropriately for tax purposes. Compliance with these regulations is essential to maintain the benefits associated with TIC ownership and to avoid potential pitfalls.
Moreover, TIC investments require careful planning and execution. From the initial identification of suitable properties and securing financing to drafting detailed co-ownership agreements and managing the property, each step is critical to the success of the investment.
TIC interest is a form of property ownership where two or more investors hold undivided fractional interests in a property. Unlike joint tenancy, TIC allows investors to own different percentages of the property and each co-owner has the right to independently sell, transfer or encumber their ownership interest. This type of arrangement is particularly popular in 1031 exchanges, which allow for the deferral of capital gains taxes by reinvesting proceeds from a sold property into a like-kind property.
The primary regulation governing TIC arrangements is the IRS Revenue Procedure 2002-22. This guideline was established to ensure that TIC interests are not misconstrued as partnerships for federal tax purposes. Key points of the Revenue Procedure include:
These regulations ensure that TIC arrangements are treated as direct ownership interests rather than partnerships, which helps in maintaining the tax-deferred status under a 1031 exchange.
Each co-owner in a TIC arrangement is individually responsible for their share of the property’s income, expenses and liabilities. The income and expenses must be reported on each co-owner’s tax returns, proportional to their ownership interest. It is crucial for TIC co-owners to maintain clear and accurate records of all transactions and agreements related to the property.
Setting up a Tenant-in-Common (TIC) arrangement involves several detailed steps, each of which is crucial to ensure the success and legal compliance of the investment. The process maight be summarized as below:
Step 1: Identifying Suitable Property
Step 2: Due Diligence
Step 3: Drafting the TIC Agreement
Step 4: Securing Financing
Step 5: Property Acquisition
Step 6: Execution of TIC Agreement
Step 7: Property Management
Step 8: Regular Reporting and Meetings
Step 9: Tax Compliance
Step 10: Periodic Review
Dimov Tax & CPA Services offers a range of services to assist clients with TIC interests:
Tenant-in-Common interests offer a flexible and tax-efficient way for multiple investors to co-own property. However, the complexities of TIC arrangements require careful planning and expert guidance. Dimov Tax & CPA Services is committed to providing comprehensive support to clients to ensure that their TIC investments are managed effectively and in compliance with all relevant regulations. Whether you are considering a TIC investment for the first time or need assistance with ongoing management, our team is here to help you achieve your financial goals.
For more detailed information and to schedule a consultation, please visit our website or contact us directly.
Call us today at (833) 829-1120, email us at info@dimovtax.com, or fill out the form and we’ll get in touch immediately.
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