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To: ozzie@jurock.com
Subject: Partnership Article
Date: Mon, 17 Feb 2003 22:55:14 -0500

Ozzie, I just finished reading your article on having partners in real
estate.  I am thinking about buying a piece of commercial property with my
two uncles.  Do you know what type of business do we need to create to do
so...such as an LLC, LLP, DBA?
thanks for your advice :)
rg

 

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Ozzie asked me to answer this.  Although not complete, it will give you an idea of what you can do.
 
You all need to sit down with a competent advisor who can deal with your individual needs as well as the groups' needs.
 
david ingram replies
 
This cannot be answered here without a 200 page manuscript full of "what ifs", "maybe you shoulds", and "why nots". 
 
However:  
 
*    You could buy it as a joint venture.
 
*    You could buy it as a limited partnership with the majority of the growth ownership in  your heirs' names.
 
*    You could buy it as a corporation.
 
*    You could buy it tenants in common  and "do business as". 
 
*    You could set up three  inter vivos trusts.
 
*    You could set up three  family trusts. 
 
*    You could set up three living trusts.   
 
*    You could set up  three life estates as partners - you and your  uncles get the income while you are alive but your intended heirs own the property right now and get any increased capital gains value. When you "die", your estates have no capital gains tax to pay.
 
*    If you also have children, you could set up a joint life estate for yourself and your wife with your children owning the estate.
 
*    You could set up an offshore trust with your wives and children as beneficiaries.
 
The hardest part is that there is NO best or better way.  Any of the above could be the best method for you and your  uncles.
 
I would be inclined to suggest that you and your  uncles and wives and some of the children sit down with someone like myself and explore the possiblities. If you were to come to my office, I would want to see the past two years of tax returns for the parties involved.  I would want to know your life expectancy.  I would want to know where you are directing your estate because buying as a living trust could/would avoid large estate tax and probate fees.
 
 
I would want to know if you were life insurable because it is easier and sometimes more efficient to forget about trying to avoid tax and just arrange to have it covered by a life insurance policy.
 
Hope this helps.
 
My contact information follows.
 
David Ingram - www.centa.com
the CEN-TA Group
International real estate taxation specialists and
US / Canada / Mexico Income Tax and Working Visa Matters
108-100 Park Royal South
West Vancouver, BC, CANADA
V7T 1A2
 
(604) 913-9133  Fax (604) 913-9123
Cell (604) 657-8451 10 AM to 10 PM 7 days a week
 
My sister lives in Wheeling,  West Virginia. In 1956, as a 14 year old from Winnipeg, Manitoba, Canada, I remember looking down on a giant air conditioner on top of a building in Cincinnati.  Kentucky was right across the river.
 
However, I live almost 2,500 miles away from you and would not expect you to use our services.  Make sure that you explore this now with an accountant/lawyer well versed in estate law because you save future costs NOW if you do it right.

david ingram
 
 
 







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