TIC Investments in 2020

For a long time, some real estate investors were reluctant to invest their 1031 exchange proceeds in TIC properties, as the status of these TIC arrangements with the IRS was unclear. Was the TIC arrangement really an investment in real estate (as required to be eligible for a 1031 exchange) or was it actually an investment in a security or partnership? The answer depends on the nature of the TIC investment, which the IRS has clarified in Revenue Procedure (Rev Proc) 2002-22. It specified the conditions under which the IRS may consider the purchase of a TIC interest an investment in real estate. According to Rev Proc 2002-22,“The central characteristic of a tenancy in common is that each owner is deemed to own individually a physically undivided part of the entire parcel of property. Each tenant in common is entitled to share with the other tenants.the associated rights to a proportionate share of rents or profits from the property, to transfer the interest, and to demand a partition of the property.” Ever since the clarification that Rev Proc 2002-22 provided in March of 2002 TIC’s grew in popularity. Next we’ll briefly review what it was that made TIC investments so popular.

The TIC industry boomed from 2003-2007 with billions of 1031 money being invested in TIC properties. But if you’re looking for them after the real estate recession in 2008 you may have noticed that they’re much harder to find. This has less to do with the validity of the Tenants-In-Common format, but rather, the industry came to a screeching halt with there being virtually no 1031 business post-crash. Subsequently, as the real estate market began to regain steam and the number 1031 exchanges increased, most of the previous companies that had put together the TIC deals turned their focus to other investment formats – namely Delaware Statutory Trusts (DSTs). One of the primary reasons is because most deals require long-term financing and DSTs make that much easier. However, there are still a number of companies using the Tenant-In-Common format so you would like access to TIC properties currently being sold (which are available to non-accredited investors) please don’t hesitate to reach out and we can provide them to you.