Tenants in Common (TIC) ownership is a common strategy for real estate investors utilizing 1031 exchanges. By allowing multiple investors to hold fractional shares in a single property, TIC offers access to high-value investments and tax-deferral opportunities. This structure can be particularly attractive for those seeking diversification and greater flexibility in their investment portfolio.
In this article, we’ll explore how TIC ownership works, its benefits, potential considerations, and how it fits into your 1031 exchange strategy.
Tenants in Common (TIC) ownership offers a flexible way for multiple investors to share ownership of a property while retaining individual rights over their shares. Here’s how TIC ownership works and how it differs from other co-ownership structures:
TIC ownership is a legal structure that allows two or more individuals to own undivided interests in a property. While each co-owner has a specific ownership percentage, all share equal rights to access and use the entire property. This arrangement provides flexibility, as each co-owner can sell, transfer, or encumber their share independently without requiring approval from the others.
Unlike partnerships, where decisions and profits are often shared equally, TIC ownership treats each investor’s interest as separate and distinct. This means co-owners retain individual control over their portion of the property, making TIC ownership a more flexible option for many investors. Additionally, when structured properly, TICs meet IRS requirements for 1031 exchanges and allow for deferring taxes on the sale of your investment property.
TIC ownership can provide several advantages for real estate investors. From tax benefits to diversification, here are the potential benefits of choosing a TIC structure:
Access to high-value properties: TIC ownership allows individual investors to invest in high-value properties that would otherwise be financially unattainable. Keep in mind, there are IRS guidelines regarding the number of investors in a TIC property. Consult your CPA to ensure compliance.
Tax deferral: As with other 1031 exchange structures, TIC enables investors to defer capital gains taxes by reinvesting proceeds from a property sale into a like-kind TIC property. This allows for tax-efficient growth and reinvestment.
Portfolio diversification: TIC ownership provides the opportunity to own smaller stakes in multiple properties across various markets, reducing risk by spreading investments.
Passive income: Many TIC properties generate rental income, which is distributed among co-owners. This can provide a reliable source of passive income while maintaining the benefits of property ownership.
While TIC ownership offers many advantages, there are important factors to consider:
Tenants in Common (TIC) ownership can be a practical solution for real estate investors navigating the complexities of 1031 exchanges. By allowing multiple investors to share ownership in a property, TIC structures meet IRS requirements for like-kind exchanges, enabling seamless tax deferral on capital gains. This flexibility makes TIC particularly valuable for those transitioning from smaller properties to higher-value assets without triggering immediate tax liabilities.
TIC arrangements can also align with the strict timelines required for 1031 exchanges, as these investments can often be identified and completed within the 45-day and 180-day windows. With clear legal agreements in place, TIC ownership offers a pathway to diversify and expand your real estate investments through tax-deferred reinvestment.
For investors looking to maximize the benefits of 1031 exchanges, TIC structures can provide a streamlined and strategic option.
Next Steps
Tenants-in-common ownership can be a powerful tool for real estate investors utilizing 1031 exchanges. Before pursuing a TIC investment, consult with a tax advisor or real estate professional to ensure compliance with IRS guidelines.
If you think a Tenants in Common (TIC) structure could be the right fit for your 1031 exchange strategy, Equity 1031 Exchange is here to help. Contact us at (239) 333-1031 to get started with your 1031 exchange.
The role of Equity 1031 Exchange, LLC (formerly Midland 1031, LLC) as Qualified Intermediary is limited to acting as qualified intermediary within the meaning of Regulations section 1.1031(k)-1(g)(4) for Federal and state income tax purposes. In this regard, Equity 1031 Exchange is not providing other legal, investment, or due diligence services. The taxpayer/exchanger must direct all investment transactions and choose the investment(s) for the exchange. Nothing contained herein shall be construed as investment, legal, tax or financial advice or as a guarantee, endorsement, or certification of any investments, legal effect or tax consequences of the transfer, conveyance and exchange of the Relinquished Property and/or the Replacement Property.