Ownership Options

An investor has a number of options in taking title to income property. Common methods for taking and holding title include:

  • As an individual. This method also includes joint tenancy (JT) and tenants-in-common (TIC).
  • In a retirement account.
  • As a corporation (LLC, C Corp, or S Corp)
  • In a trust

Investors can also take title in a partnership. The features of this method depend upon the partnership agreement. The table compares several common options for taking title.

Feature

Individual (includes TIC and JT)

Retirement Account

Corporate (LLC, S Corp, C Corp)

Trust

Mortgage Loan

Investor uses individual   SSN to record a loan. Must qualify for loan as an investor, not owner-occupant. 

Conventional mortgage loans not available to retirement accounts. Non-recourse loans are available.

Conventional mortgage loans typically not available to corporations.

Conventional mortgage loans typically not available to trusts.

Title

Individual, JT, or TIC

Trustee for self-directed retirement account sets title format

Corporation takes title directly

Trust takes title directly

Tax Considerations

Deductible against personal income

Income not taxed, so no deductions.
Check with trustee and tax accountant for details and current IRS guidelines.

Tax deductions allowed

Tax deductions allowed

Inheritance

Established by trust or will. Tax basis steps up.

Set by account beneficiaries.

Not applicable

Set by trust. Tax basis steps up.

1031 Tax-Deferred Exchange

Allowed

Not applicable.

Allowed

Allowed

The investor should check with a legal advisor and a tax or financial advisor before purchasing income property, especially for a trust, corporation, or retirement account.

 
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