As an investor, I've completed a number of 1031 exchanges over the last several years, and as such have become familiar and very comfortable with the process. I also find them be a great tool to creatively structure deals if done correctly.
With this being said, my real estate agent and I have been discussing a possible partnership where we would acquire vacant land, and have a home built. We would then put the improved property in service as a short term (vacation) rental. Where he would bring cash into the deal, I would bring funds via an intermediary as a result of 1031 exchange relinquished property. Thus far my research indicates that we can establish a TIC where we would each hold individual title share in the real property commensurate with our established and agreed upon percentage of ownership. My understanding is that a TIC percentage would be allowed by the IRS as a replacement property for the back end of my 1031 exchange as it would be considered real property.
My questions are as follows: What would be the best way to structure this given our desire is to build, and my desire to use exchange funds? In one scenario, It would be relatively simple, I assume for us to establish a TIC on the front end, and then acquire the land as a TIC, however in this scenario I assume I can't really exchange into property I already own or own a percentage of unless Utilizing a long term ground lease scenario?. Assuming there is a way to accomplish this with the ground lease or lease hold scenario, can I execute in improvement exchange to fund construction on only a partially owned piece of land?
Alternatively, in another scenario, I've thought of executing a deferred exchange by acquiring 100% of the vacant land with a portion of the relinquished property funds held at the intermediary where the EAT holds title to property, then initiating the construction by also funding an improvement exchange on that land with the remaining balance of the relinquished property funds held at the intermediary. In this scenario, once the held funds have been fully dispersed by the intermediary or EAT to fund the construction, the exchange would then be complete and the property conveyed to me. This would all be standard stuff. However, once the exchange has been completed, is it then possible to immediately establish a TIC with my partner, where I then convey a percentage of ownership to him at no cost, at which time my partner than funds the completion of the construction or would the IRS consider this conveyance as premature sale of a portion of the property by me, thereby demonstrating an intent in their eyes that counters my intent to hold the property for investment?
What other options might we have to complete this type of project, and accomplish this type of arrangement?
Of course, given the potential complexity of this scenario, these are conversations I do plan to have with my intermediary, CPA and TIC attorney, but I thought I would ping the experts in the community here in an attempt better frame my conversation with them after the holidays.
Thanks so much,
Rich