On March
19, 2002 the IRS issued Rev. Proc. 2002-22. This authority
outlines the parameters under which structured Tenant in
Common (TIC) arrangements would be recognized
as valid investment real property. This is important
because TIC properties, properly arranged, can now be
used as both replacement and relinquished
property for purposes of section 1031.
Everyone
is familiar with the TIC concept. TIC just means
co-ownership of real property. Properly arranged a real
estate investor may now 1031x out of 100% ownership in
relinquished property and 1031x into TIC
(fractional) ownership in replacement property. The
investor will receive a deed to their fractional share of
the real estate. The replacement property will
typically be a large shopping center, office building,
industrial warehouse, etc. The replacement
property, now owned by many TIC owners, will be
professionally managed. While real estate
from the IRS point of view TIC investments are
securities from the SEC (Securities Exchange Commission)
point of view. For this reason, the sponsors of TIC
properties typically issue prospectus when
offering TIC properties for sale. In the coming months
and years, we believe that ownership of many
large commercial properties will shift to the TIC
form of ownership. Start looking for them.
Contact us for further information. We are recommending to our
clients that TIC properties be
identified
as back-up replacement property in their 1031x transaction.
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