Group Real Estate Investments Flashcards

1
Q

If you work with syndicates, including joint ventures and REITs, you’ll also be working with people, and these people will likely be investors. There are three broad categories of investors out there, each category focusing on a different type of investment property, different investment goals, and different timelines.

A

Investors

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2
Q

Some investors are looking for steady cash flow. When they purchase a property or make an investment, they’ll be expecting a monetary return every month or on a regular basis.

These investors will likely be interested in retail properties or rental buildings that collect rent each month (and therefore make a profit each month).

A

Cash Flow

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3
Q

Other investors have a more long-term mindset and will be looking for a property that will earn them a lot of money farther down the road.

These investors will likely be interested in properties in up-and-coming areas that will be worth more as neighborhoods develop and change.

A

Long-Term return

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4
Q

Short-term investments are also common. This would look like buying a “fixer-upper,” improving it, and receiving a monetary return on it in a few months or a few years.

A

Short-term

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5
Q

a group of investors that get together and combine resources to make investments they wouldn’t be able to make on their own. When these investors purchase real property together, they must follow the regulations of the U.S. Securities and Exchange Commission.

While syndicates can be used for something as simple and straightforward as purchasing a single-family residence, they are typically created for the financing of large commercial real estate projects, including:

Multi-family apartment complexes

Office space

Retail centers

Industrial buildings

A

Syndicates

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6
Q

A general partnership avoids the double taxation issue you’d have with a C corp, but the unlimited liability and lack of centralized management make it ill-suited to a syndicate.

In a general partnership, all members equally share responsibilities, profits, and losses.

A

General Partnership

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7
Q

A limited partnership combines the tax advantages of a partnership with the centralized management and liability shield of a corporation.

However, it still leaves the general partner personally liable for the business’s losses and liabilities.

A

Limited Partnership

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8
Q

LLCs permit the following:

Active participation in management

Control by the members

Limited liability similar to corporate shareholders

If you play your cards right, an LLC will be taxed like a partnership (as a pass-through entity) rather than as a C corp (taxed twice).

That’s why the LLC is the most common form for a syndicate to take. However, you will often see syndications structured as an LLC owned by a partnership made up of both general and limited partners.

A

LLC

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9
Q

A corporation ensures centralized management as well as limited liability for the investors. Even so, corporations are seldom used in modern syndicates because of their negative tax features.

Corporations: the business form so nice the IRS taxes it twice.

A

Corporations

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10
Q
  1. Organization
    This includes:

Planning

Acquiring property

Satisfying registration and disclosure rules

Marketing processes
2. Operation
During the operation phase, the sponsor usually manages both the syndicate and the real property

  1. Liquidation
    Liquidation (completion) is the resale of the property.
A

3 Phases of Syndication

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11
Q

is a kind of syndicate that, instead of being an ongoing investing group, is a one-off collaboration.

one-operating partner & one or several investors

A

Joint Venture

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12
Q

is a trust that invests in, owns, or acquires real property. It is owned by investors who share the trust’s profits according to shares.

A

Real Estate investment trust (REIT)

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13
Q

They provide a way for individual investors to earn a share of the income produced through commercial real estate without having to buy the properties. REITs pool the resources of individual investors who would not be able to fund, get financing, or manage a real estate undertaking on their own.

A

Pooled Funds

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14
Q

Real estate is a good hedge against inflation.

The real estate market is more stable than many high-risk stock investments.

Returns are higher than typical bond returns.

They avoid the double taxation of investing, as in a C corp.

There is a tangible investment (the properties themselves), which is generally considered a safer choice than intangible investment vehicles like stocks or Bitcoin.

A

Advantages of Reits

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15
Q

The downside of REITs is that they typically have lower returns when compared with other real estate investments.

Illiquidity

A

Disadvantages of REITS

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16
Q

own or operate income-producing real estate.
in fact, if you hear someone referring to just a “REIT” without clarifying, they’re probably talking about an equity REIT. Usually, equity REITs specialize in one type of real estate — for example, houses or office buildings.

A

Equity REITS

17
Q

ometimes called mREITs, make money by buying or originating loans or mortgage-backed securities.

Essentially, they provide financing for both residential and commercial property. These mREITs allow people to invest in the mortgage market with the ease and transparency of a stock or mutual fund purchase. Fewer than 10% of REITs are mREITs.

A

Mortgage REITs

18
Q

Hybrid REITs are REITs that invest in both income-producing property AND mortgages and mortgage-based securities. Hybrid REITs’ more diversified holdings hedge against the risk of investing in just one kind of thing.

A

HYBRID REITS

19
Q

To qualify as a REIT (and as a pass-through entity for tax purposes), REITs have to meet a certain set of requirements.

A wise frog once said, “It’s not easy being green.” Well, it’s not easy being a REIT either — these guys are constantly having to pass a bunch of tests (I’m sure you can relate, Anthony).

Even with all of this instruction, REITs are not DIY affairs. Talk to a lawyer and tax pro if you’re suddenly inspired to start a REIT.

Shareholder Tests
There are two shareholder tests REITs have to pass:

The 100 Shareholder Test
They need to have at least 100 shareholders at the beginning of their second taxable year. 💯

The 5/50 Test
Five or fewer people can’t own more than 50% of the value of any single REIT’s stock. Many REITs limit how much stock a single shareholder can own to prevent the REIT from violating this rule.

Income Tests
These requirements ensure that most of the REIT’s income comes from real estate:

75% or more of a REIT’s annual gross income has to be from real estate.

20% of the REIT’s gross income has to be from real estate sources or other income sources, including interest and dividends from non-real estate sources.

No more than 5% of income may be from non-qualifying sources (service fees and other business unrelated to real estate).

Asset Tests
These must be complied with on a quarterly basis:

75% or more of a REIT’s assets need to consist of real estate assets (real property or loans backed by real property).

REITs are not allowed to directly or indirectly own more than 10% of the voting securities of any corporation (except for other REITs, taxable REIT subsidiaries, or qualified REIT subsidiaries).

REITs are not allowed to own stock in a corporation if the stock value is more than 5% of the REIT’s assets.

The value of the stock of all of a REIT’s taxable REIT subsidiaries can’t comprise any more than 25% of the value of the REIT’s assets.

Other Rules
The company needs to distribute 90% or more of its annual real estate income to investors. And 95% of gains must be distributed to investors every year. Any income that the REIT retains, it has to pay taxes on (just like other corporations).

They must have shares that are fully transferable.

They must be managed by a board of directors or trustees.

They must make a REIT election by filing an income tax return on Form 1120-REIT.

A

REITS REQUIREMENTS