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Updated over 1 year ago on . Most recent reply

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Pepper Smith
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IRA/Llc with partners purchasing Tenant in Common

Pepper Smith
Posted

I am in contract to purchase a duplex in California on a parcel that is eligible for an ADU unit in the rear.

confused about structuring purchase.

The investment will be purchased by

The traditional IRA/LLC 40% price

1031 of property owned by my wife and son 40% price

remainder in cash (myself) 254,000

The property would have a TIC 20% price (Tenancy in Common) SACO (Space Assignment Co-Ownership). Reflective of the percentages represented in the purchase. Meaning the IRA would own UNIT 1, the 1031 would be owned by son and wife, and the area/land in the rear (50 X 60 feet) would be owned by me

QUESTIONS

Would it be considered a prohibited transaction for me to move into an ADU built on the area/land assigned to me (by the SACO TIC) in the rear of the property?

Would the closing/purchase of the property have to be 3 separate closings? Or can the purchase be one closing with the owners listed in above and have the TIC memorandum as sufficient separation of the property.

The TIC, would grant the ability for the 3 portions to be sold separately, correct?


Thank you in advance for any advice/opinions shared experiences 

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