Timea Iancu | August 7, 2024
Posted in: Investment Accounting
Understanding the Types of Real Estate Ownership Structures
Real estate ownership comes in various forms to cater to investors’ different needs and goals. Each ownership structure plays a pivotal role, as they impact management, taxes, risks and potential returns of investments.
Understanding these structures helps investors choose the right one for their portfolios’ long-term success and stability. Here is an overview of the main types of real estate ownership from an investment perspective and their particularities.
Real Estate Ownership Types
Partnership
Real estate partnerships are collaborative arrangements where two or more investors gather resources to acquire and manage a real estate investment. The two main types are general and limited partnerships.
General partnership
The General Partner (GP) is the main managing member of a real estate investment, focused on determining which asset classes to buy, developing investment strategies and structuring the financial aspects of a deal. GPs typically own and oversee the day-to-day operations of the real estate asset.
Limited partnership
Unlike general partners, limited partners do not participate in daily business operations and hold no personal liability beyond their initial investment. Limited Partners (LPs) are primarily focused on generating a return on their investment and rely on the GP to oversee the operations of the assets.
Limited Liability Company (LLC)
A Limited Liability Company (LLC) is a single- or multi-member business entity formed for the purpose of owning and managing real estate assets. The LLC is managed according to its operating agreement, which is created and approved by all the LLC members.
Among the primary advantages of real estate LLCs is that owners enjoy limited personal liability for company debts and obligations, thereby keeping their personal assets safe. This structure allows for shared responsibilities and expenses among members and offers tax benefits, making it an attractive option for investors looking to protect their investments.
Corporation
C-corporations and S-corporations are real estate ownership structures that offer liability protection to investors, with taxation being the main difference between the two.
C-corporations face double taxation, where both the corporation’s income and shareholders’ dividends are taxed.
Meanwhile, S-corporations are taxed similarly to partnerships as pass-through entities, avoiding double taxation. Both structures are ideal for large investments and development projects, allowing capital to be raised through stock issuance.
Joint Venture (JV)
A real estate joint venture (JV) combines expertise and capital from two or more parties for a common goal, similar to a partnership. However, unlike partnerships, which are designed for ongoing operations, JVs are project-specific and temporary and do not have a general partner bearing unlimited liability. Instead, responsibilities and risks are shared as agreed upon by all parties. JVs are typically used for specific investments or temporary collaborations, allowing entities to maintain their independence outside the JV.
Tenancy-in-Common (TIC)
Tenancy-in-Common (TIC) is an arrangement where two or more individuals or entities hold undivided interests in a property. Each tenant-in-common, or co-owner, owns a percentage of the property but has equal rights to its use and possession. The principal advantages of this structure are the flexibility in ownership share and transferability. However, co-owners are jointly responsible for property expenses and liabilities.
Real Estate Investment Trust (REIT)
A Real Estate Investment Trust (REIT) is a company that owns, operates or finances income-generating real estate. REITs are required to pay out a percentage of their taxable income as dividends to shareholders and are typically focused on a specific asset class. Most REITs are traded on major stock exchanges, while some are private. REITs offer investors an attractive way to gain exposure to real estate without the need to buy property directly.
Fund
Funds are collective investment structures where multiple investors pool their capital to invest in real estate. They are managed by professional fund managers who invest on behalf of the investors. There are two primary types of funds, each with distinct characteristics.
Closed-ended funds have a defined limit on the maximum capital they can accept and have a finite life. Once the fund is closed, typically, no new investors can join. On the other hand, open-ended funds have no investment limit or finite life. Investors can come and go as frequently as daily, though more commonly on a quarterly or monthly schedule, by selling their ‘units’ in the fund.
Sole Ownership
Sole ownership means a single entity — whether a business or an individual — fully owns the property. The owner controls all decisions, including selling, leasing or transferring the property to another entity. This ownership type can come with tax benefits by linking property income to the owner’s personal tax return. However, it also carries unlimited liability, putting the owner’s personal assets at risk.
Efficiency in Managing the Complexities of Ownership Accounting
Each ownership structure comes with unique benefits, so incorporating multiple structures is common in real estate portfolios, companies or funds to maximize flexibility and potential returns. This diversity introduces significant accounting complexities, with each real estate investment structure impacting income distribution, taxes, regulatory compliance and financial reporting differently.
Leveraging specialized real estate investment accounting software like Investment Accounting, part of the Yardi Investment Suite, can significantly improve operational efficiency. With over 20 years of experience in accounting for real estate ownership structures, this software streamlines complex financial tasks across any structure.
Key features include automating financial consolidations, managing capital calls and distributions and calculating investment-related fees or partner transfers. It reduces period-end close times and minimizes the risk of errors from manual processes.
Understanding the intricacies of various real estate ownership structures is crucial for effectively managing real estate investments.
Leveraging specialized real estate accounting software allows investors to track income and expenses efficiently, monitor cash flow, manage property taxes and generate comprehensive financial reports. This approach is essential for maximizing investment returns and operational efficiency in the real estate industry.
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