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1031 Exchange

Like Kind Property |
Like-Kind property refers to the nature of the property (i.e. held for use in a business or for investment) not the use of the property For example:
1) A shopping center may be exchanged for an apartment building or enrgy interests
2) An apartment building may be exchanged for office, industrial or energy
3) One property can be sold and three properties acquired
4) Four properties can be sold and one acquired
5) Energy Royalties or working interests are fully exchangeable into any of the real estate categories
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What is a 1031 exchange?
A 1031 exchange enables you to sell investment property and defer capital gains tax, state tax and depreciation recapture taxes, assuming you reinvest 100% of the equity received from your sale into "like kind" property of equal or greater value. Any property held for investment purposes or for productive use in a trade or business generally qualifies as "like kind" property for 1031 exchange purposes. A 1031 exchange is also referred to as a tax-free exchange, tax deferred exchange or tax exchange.
What is a tenants-in-common (TIC)? Buying investment property as tenants in common allows you to invest in larger income producing properties, that are leased to large credit-rated tenants on a triple net basis. Further you may diversify across different types of investment property, geographic markets, and real estate companies, thus potentially increasing both the value and safety of your investments. Tenants in common hold undivided fractional ownership of an investment property. It is not a partnership. You will secure a deed for your fractional share of the property. Consequently, you can step up to institutional grade or single tenant properties with triple net lease arrangements. You also benefit as some of the nation's leading real estate companies source investment property and acquire fixed-rate, non-recourse financing with institutional terms for tenant in common owners. Typical loans can range from 5-10 years and coordinate with the specific business plan set forth for buying investment property.
What are energy royalty interests? Minerals, royalties and overriding royalties receive revenues from the production of oil and gas from a well without paying the drilling or monthly operating expenses from the well. The term "royalties" can be used interchangeably to mean mineral interests, royalty interests, or overriding royalty interests. However, there is a difference between minerals and royalties, and an even greater difference between overriding royalties and both minerals and royalties. The similarity between mineral interests and royalty interests is that both involve ownership of minerals under the ground. Both receive portions of the income from the production of oil and gas. However, the difference is that the owner of a mineral interest also has the right to execute leases as well as collect bonus payments; whereas, the owner of royalty interests does not execute leases or collect bonus payments. Even though mineral and royalty owners receive income when the well is producing, only the mineral owner receives the bonus payment upfront. Overriding royalty interests does not constitute an ownership of minerals under the ground. Rather, it constitutes ownership of a portion of generated revenues from oil and gas production in which the ownership expires when the lease has been neglected due to termination of production. Overriding royalties are created from the working interest. Therefore, like mineral and royalty owners, overriding royalty owners also receive a portion of the income from the production of oil and gas. However, the difference is owners of overriding royalty own only proceeds from the production of minerals and not the minerals under the ground. Overriding royalty interest expires once the lease has expired and production has stopped, whereas, minerals and royalties owners maintain their ownership after production stops.
What are energy working interests? A working interest in an oil or gas property is one that is burdened with the cost of development and operation of the property, such as the responsibility to share expenses of drilling completed or operating oil and gas property, according to working or operational mineral interests in any tract or parcel of land.
Why are real estate and energy investments expanding so rapidly? It simplifies your life and may mitigate portfolio volatility due to it's low correlation to traditional equity investments. Further:
- It satisfies the requirements of a 1031 exchange thus deferral of capital gains tax, state tax and recaptured depreciation can be achieved
- The investor is not required or responsible for managing the property
- Novice real estate investors can benefit from working with experienced national sponsors who will handle the due diligence, acquisition, financing and leasing of the asset
- For most small investors it is the only means available to step-up to energy and class A real estate or with nationally recognized managers and credit rated tenants
- Investors can acquire an undivided interest that exactly matches their dollar amount
- Financing (if needed) is prearranged for the investor
- It provides diversity and/or low correlation in the investor's real estate holdings as well as their equity portfolio
- At the point of sale the TIC or energy investment can roll-over into another 1031 exchange thereby beginning the process all over again - deferral of taxes continues
- Estate Planning; Investors can have peace of mind knowing their heirs will receive the investment at fair market value upon their death and then those who inherit will have a means of deferring taxes
Return on Investment
Both Energy and Tenants-in-Common may anticipate monthly net cash flow distributions. Cash flow distributions are tax benifited from both enrgy and real estate through depreciation or depletion and or other operating expenses. Investments vary on the holding period and should be part of your due diligence in determining what the offering projects and what impact this will have on your liquidity requirements.
Due Diligence
Investment programs offered in the form of energy or real estate have extensive due diligence performed by the sponsor, the lender, and the securities industry. Each of these segments performs in-depth analyses to determine if the ownership structure is feasible, has profit potential, a capacity for possible increase in value, and can generate requisite income.
Contact Us Today
Through a 1031 exchange as tenants in common or as a private royalty investor you can gain professional property management, and recognize immediate cash flow. Call us today or submit the form on the Contact Us page to learn more or examine currently available properties.
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Securities offered through Sigma Financial Corp. Member FINRA, SIPC
1031 Exchange Alternatives is a registered trade name of Midwest Brokers, Inc.
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