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In
the traditional equity share, the Occupier lives in the property
and pays its expenses and the Investor puts up most of the down
payment funds. They both go on title and split the appreciation
and tax benefits.
The Investor wears varying hats. Sometimes he is a family member.
Often in a slow market, he is the seller leaving equity in the property
and cashing out for the rest. Other times, the Investor is often
a stranger who understands the benefits of real estate investing
with a built in good tenant who pays all expenses.
While the Investor puts up the lion's share of the down payment,
it is important for the Occupier to be reasonably invested to provide
the motivation to ride out a difficult market. While there are endless
ways to structure the equity share, the typical format runs right
and left of an 80% loan, 17% Investor funds and 3% Occupier funds
with the equity split 50-50. The very best format is the one that
accomodates the financial and tax needs of the parties.
When deciding the appropriate ownership split for your transaction,
use the Equity Share Calculator. The Calculator assigns ownership
percentages based on numerous variables, one of which is how much
of a return the Investor wants to see on the funds s/he will contribute.
The Equity Share Calculator also projects how much the co-owners
will earn in profit and tax deductions based on these assumptions.
Our Equity Share Coach guides you through the use of our one-of-a-kind
Equity Share Calculator. The numbers assigned by the Calculator are described on our Sample Transaction page. Both products
can be purchased via our Products page, along with the Equity Sharing
Agreement.
While most of the down payment is contributed by the Investor,
the majority of tax deductions go to the Occupier. This is one of
the Occupier's greatest advantages. He turns his rental payments
into valuable tax deductions. The Investor has his potpourri of
tax benefits too when he claims depreciation for his interest in
the property and exchanges out tax free at the end of the transaction.
And for both, profit is the name of the game.
Typically, the Occupier pays the closing costs and receives tax
benefits, not reimbursement, in return. Down payment and capital
improvement contributions are treated as reimbursable payments returned
to the paying party(s) before equity is split. The Occupier maintains
the property and makes all improvements while the Investor sits
back awaiting his return in appreciation, knowing his investment
is being taken care of because their Agreement requires it.
This model should be used when there is no third party Investor
and more than one owner occupies the property. Co-occupier co-ownership
is the ideal solution for cohabitating couples and friends who want
to buy but cannot afford a home alone. This agreement should also
be used for a vacation home co-ownership; you will need to build
in the co-owner usage times and Rules & Regulations, but this
form is the most appropriate model to use.
Joint venturers typically buy a property and rent it out or buy
a property, improve it and hold or sell. These days Investors want
to invest in real estate similar to how they did in the stock market,
holding a small fractional interest; yet, they want more control
and profit than is available with a real estate investment trust.
Joint venture co-ownership fills that need. Investors can also directly
invest their retirement funds through a self-directed account custodian.
Our form Agreements carefully guide the co-owners through the obligations
each will assume and gives them a secure and proven way to co-own
a property together for their mutual profit and enjoyment.
Our Equity Share Coach available on our Products page guides you through the steps you will take in your transaction.
For information on finding a partner, go to our Checklists
page.
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