There are a few organizations such as the National Association of Realtors (NAR) that are concerned about whether TIC that is in the form of a partnership or security, or both, will be disqualified under 1031, and furthermore such disqualification will in turn require using security dealers/brokers for security transactions and not real estate brokers because the transactions are not deemed as being real estate deals.
In fact, to be sure about whether Tenant in Common is Securities or Real Estate you need to understand what security is and what real estate means. Typically, securities involve investing money or other form of property, and investing in common enterprise based on a third person’s expertise and the intention is to earn a profit. However, there is no real clarity when it concerns Tenant in Common: Securities or Real Estate though for any TIC transaction to be qualified as 1031 tax deferral, it requires that the National Association of Securities Dealers or NASD has to step in to evaluate the TIC industry and then shed further light on whether Tenant in Common are Securities or Real Estate.
In fact, to be sure about whether Tenant in Common is Securities or Real Estate you need to understand what security is and what real estate means. Typically, securities involve investing money or other form of property, and investing in common enterprise based on a third person’s expertise and the intention is to earn a profit. However, there is no real clarity when it concerns Tenant in Common: Securities or Real Estate though for any TIC transaction to be qualified as 1031 tax deferral, it requires that the National Association of Securities Dealers or NASD has to step in to evaluate the TIC industry and then shed further light on whether Tenant in Common are Securities or Real Estate.
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