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Tenancy-in-Common

   Also found in: Legal, Encyclopedia 0.01 sec.
Tenancy in Common
A way for two or more persons to own property together. Tenants in common may own equal or unequal shares of the property, and there are no rights of survivorship. That is, when one of the co-owners dies, his/her share of the property becomes part of his/her estate and passes on to heirs. This is an arrangement common in joint business ventures: if two persons own an apartment complex and one of them dies, his/her share of the complex passes to his/her beneficiaries and does not pass to the other co-owner.

Tenancy-in-common. When two or more people own property as tenants-in-common (TIC), they share in the property's tax benefits, any income it generates, and its growth in value, as well as expenses of ownership.

If one owner dies, that owner's share of the property becomes part of his or her estate, to be sold or distributed among heirs as the owner instructs.

TIC arrangements are a popular way to structure the ownership of real estate investments, in which two or more parties buy commercial property to generate income. However, siblings might also own family property in this way, as might business partners.



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Even if the partnership or LLC held the real estate for business or investment purposes, the IRS might argue that individual owners who exchanged their tenancy-in-common interests failed to meet the "held for" requirement because they held the property for sale.
2002-22 does is lay down the minimum requirements that must be met before the IRS even will rule if a planned transaction is a tenancy-in-common or an exchange into a partnership.
Using a Tenancy-in-Common In another tax planning strategy, the former partners of a liquidated partnership hold their relinquished property tenancy-in-common interests for an extended period before exchanging them for the replacement property.
 
 
 
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