TENANCY IN COMMON (TIC's)
| PRIVATE ANNUITY TRUSTS | TAX CREDITS AND CONSERVATION EASEMENTS | STRATEGIC BUSINESS PLANNING
| STATE AND LOCAL TAX CONSULTING

1. TENANCY IN COMMON (TIC’s)


TICs offer small real estate investors the opportunity to participate in big real estate projects.   TIC investments can be likened to buying pizza by the slice.   You are essentially buying a slice of institutional-sized real estate, rather than being required to buy the whole property.

TIC sponsors underwrite these large real estate investments and then sell the slices to investors.   The TIC buyer can do a 1031 exchange into it and enjoy the benefits of owning the real estate (monthly cash flow, etc.), without the hassles of property management.   You can either exchange into a TIC share as your replacement property, or you can buy a combination of traditional self-managed real estate with part of your exchange proceeds and use the remaining proceeds to buy a TIC property.

It is critical that you work with an advisor that understands your situation and has the experience and expertise to help you accomplish your objectives.   Our consultants at Richey, May & Co. can assist you in evaluating and comparing alternative TIC's and can introduce you to qualified professionals licensed to present these opportunities to you.


2. PRIVATE ANNUITY TRUSTS

What is a Private Annuity?

A Private Annuity is a contractual agreement of sale between two private parties. Usually, the seller (the annuitant , or parent) of an asset transfers property to a family member (the obligor – the children or heirs) in exchange for a “special payment contract” (an annuity) of substantially equal value.  The obligor is then responsible for making annuity payments to the annuitant during his/her lifetime.


What is a Private Annuity Trust?

A Private Annuity Trust (PAT) is a specialized and sophisticated trust designed to give structure and convention to the private annuity contract.  The trust may sell and use the proceeds to provide an income stream for the life of the annuitant(s).

Benefits of a Private Annuity Trust:

  • Pay no capital gains taxes at time of sale
  • Pay no depreciation recapture taxes at time of sale
  • Pay no state taxes at time of sale
  • Eliminates estate taxes on assets in the PAT
  • Creates an income stream for life or joint lives
  • Eliminates the headaches involved with property management
  • Offers a "1031" alternative strategy
  • Maximizes Medicaid benefits by protecting family assets from recovery of past nursing home expenditures
  • Provides asset protection in case of legal disputes
  • Avoids expenses, delays and publicity of probate

We recommend that you work with an advisor that understands your situation and has the experience and expertise to help you accomplish your tax and estate planning objectives.   Our consultants at Richey, May & Co. can assist you in evaluating whether your current situation is suitable for a private annuity trust, and can introduce you to qualified professionals with experience in preparing the required documents.

3. TAX CREDITS AND CONSERVATION EASEMENTS

Historic Rehabilitation Tax Credit

The historic rehabilitation credit is equal to 20% of the amount of qualified rehabilitation expenditures.   Special credit rates apply to property located in the Gulf Opportunity Zone.

The rehabilitation tax credit is available in connection with the qualified rehabilitation of a certified historic structure.   A certified historic structure must be listed individually in the National Register of Historic Places, or be determined to contribute to a Registered Historic District.   The property must be substantially rehabilitated with qualifying expenditures incurred during a 24-month period exceeding the greater of $5,000 or the adjusted basis of the building at the commencement of the 24-month period.

Qualified rehabilitation expenditures generally consist of improvements made to the building structure and interior, and have a 27.5 year depreciation period (39 years for nonresidential rental).   No rehabilitation credit is available for land costs, site improvements, enlargement of a building, personal property, or for building acquisition costs.

Low Income Housing Tax Credit

The low income housing tax credit is equal to approximately 9% of the amount of a building's qualified basis annually for 10 years, and is designed in such a way that the present value of the credit cannot exceed 70% of the building's qualified basis.

A 4% annual credit is available if the building is constructed or rehabilitated with federal subsidies, or if an existing building is acquired and substantially rehabilitated.   In the latter case, the present value of the credit is designed to be no more than 30% of the building's qualified basis.

The low income housing credit is available for either new construction or substantial rehabilitation.

Facade Easement Contributions

A preservation easement is a legal agreement designed to protect a significant historic, archaeological, or cultural resource.   In the case of a facade easement, the historic property owner is assured that the building's facade will be maintained, protected, and preserved in perpetuity.

A charitable contribution deduction for the fair market value of the facade easement contributed to an Internal Revenue Code Section 501(c)(3) organization is available.   The deduction that the taxpayer is entitled to is equal to the fair market value of the easement, which is generally the decrease in fair market value of the property caused by the restrictions placed on the property as a result of the easement.

The complexities and interpretations of the income tax law and regulations in the areas of tax credits and contribution deductions can be overwhelming.   Our team of real estate tax professionals can assist in determining and maximizing tax credits and deductions available to real estate owners.

4. STRATEGIC BUSINESS PLANNING

Planning for Performance

In today's dynamic and highly competitive real estate market, it is not only important for your business to have clearly focused short-term goals, but also to have a solid, sustainable business model for the future.   Richey, May & Co. will assist you in developing or magnifying your strategic plan with a road map for your business to attain its goals and priorities.

Our financial consultants help you evaluate current operations from a financial perspective, and establish benchmarks for performance with comparisons to industry peer groups. Identification, monitoring, and holding your team accountable to your key metrics will keep you on the road to success.

5. STATE AND LOCAL TAX CONSULTING

In the real estate industry, state and local tax planning has been an afterthought for many tax planners.  State and local tax regulations are constantly evolving, becoming an increasingly important factor when dealing with tax compliance and planning.  Due to the fact that many real estate operations use flow-through entities, such as LLC's, LLP's, LLLP's and S-Corporations, it is common to see considerable disparity in the tax treatment imposed by state and local governments related to an operation’s choice of entity.  This is an important area of tax planning that is often overlooked.  Our consultants realize and understand the constant changes and challenges that state and local governments impose and offer a wide range of services to address them, such as:

Reviewing compliance requirements imposed by state(s) in which a company is currently operating or those where a company is considering expansion;

Providing comprehensive tax compliance service for all state and local governments imposing filing requirements;

Preparing composite returns for non-resident owners of flow-though entities to ease the tax compliance burden and potentially reduce overall taxes paid as a group;

Evaluating the pros and cons of entity selection based on the type of real estate activity being conducted in each state in order to minimize tax compliance costs at both the entity and owner levels;

Analyzing state net operating loss rules applicable at the owner level in order to determine which states allow non-resident owners to carry losses from real estate activities forward, losses which can be used to offset potentially significant gains in future years from the sale of real estate.

 



  Copyright © Richey, May & Co., LLP   All rights reserved.

Copyright © Richey May Baldwin, LLC   All rights reserved.