Services

  • Multi-Family / Commercial – Apartments / Condominiums – Retail (anchored or unanchored) – Office Buildings – Industrial Complexes – Mixed Use Facilities – Hotels / Golf Courses / Marinas – Special Purpose Properties (gas stations & automotive)
  • Business Loans
    • SBA 7A Program – Purchase Real Estate, Business only or Equipment / Working Capital
    • SBA 504 Program – Purchase Commercial Real Estate & Equipment
    • SBA Express – Renewable Energy and Conservation.
    • Factoring & Business Credit Lines

  • Bridge / Mezzanine / Construction
  • Financing and Renewable Energy Conservation
    • Building Survey / Energy Audit
    • Energy Conservation Loan Process
    • Identifying Grant and Incentives
    • Energy Saving Estimator

  • 1031 Tax Exchange Transactions
  • Tenants in Common – “TIC” Transactions
  • Delaware Statutory Trust – “DST” Transactions

1031 Tax Exchange and Tenant in Common Transactions - The 1031 Tax deferral permits taxpayers to reinvest proceeds from the sale of property held for investment or business purposes into another investment or business property and defer capital gains tax that would otherwise be due on the initial sale.

Tenants in Common – a form of owner for two or more owners. The individual interests do not have to be equal and the owners enjoy a proportionate right to the property. Title passes to the estate of the deceased owner and the person named by the estate assumes their proportionate title to the property and becomes the new tenant in common with the surviving tenants in common. Tenants in common owners are listed on the deed and are considered a direct owner in the property with an undivided interest. If the tenants in common owners invest in real estate, the owners receive their proportional share of the income, tax benefits, and appreciation of the property.

Delaware Statutory Trust - A DST is a separate legal entity created as a trust under Delaware statutory law. Delaware law permits a very flexible approach to the design and operation of the entity. However, to use a DST in a Section 1031 tax-deferred exchange private placement program, it is necessary to comply with the requirements of IRS revenue Ruling 2004-865 so that a beneficial interest in the trust is treated as a direct interest in real estate for income tax purposes. It is also necessary to meet lender requirements, especially if the loan is to be securitized on a secondary market to achieve favorable financing. Therefore, a DST must be:

  • A special purpose entity;
  • Bankruptcy-remote; and
  • A very passive holder of real estate (the trustees will have minimum powers and the beneficiaries will have no powers with respect to the mortgaged property). Thus, the use of a DST will generally be limited to long-term “A” credit triple-net leased properties (a “box-in-one”) or properties leased to an affiliate of the sponsor whom will operate the property on a triple net basis (a “master lease”).

A DST borrower with a master tenant owned and controlled by a quality sponsor should be an attractive borrower for a lender. Various financing sources have embraced the DST structure. A steady market should develop for DST’s because they are much less complex than the structure of a typical TIC transaction, they shield investors from liabilities with respect to the mortgaged property and they remove the investors from involvement in operation of the property.

 

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