How many times have you heard, “Don’t buy leasehold properties. They are a bad investment.”? Well, some are, some aren’t, but if you choose wisely, right now, you could end up making a very good business decision. Not all leasehold properties will be favorable, but a lot will. If you buy it now when it is leasehold and there is uncertainty as to if and when it will ever go “Fee” then you may be able to make some money.
Why?
Because of Legislation Act 166 SLH 2007 (SB600 HD2 CD1 (CCR178) Relating to Leasehold Conversions:
What does it say?
Provides an income tax deduction of 100% of the income derived by a fee simple owner from the sale of a leased fee interest in units within a condominium project, cooperative project, or planned unit development to the association of apartment owners or the residential cooperative corporation of the leasehold units. This will commence after December 31, 2007 and is set to be repealed in January 1, 2013.
So, what the heck does that mean?
First you must understand how leasehold properties work. See my previous post about leasehold properties to understand.
Now that you read the post, the legislation states that the owners of the land that are leasing to the condo owners, if they sell the land to the association (condo owners) between Jan. 1, 2008 and December 31, 2013, they don’t pay state taxes on the proceeds of the sale.
This just came out in my Real Estate Commission Bulletin and the news isn’t well know right now. The reason they are doing it, is because there are a lot of condos where the lease is going to expire here in the next few years, and a lot of them have reversionary clauses, that state the unit ownership will revert back to the land owner.
Imagine the headache for the police department, when these people, who have owned the unit for many years, all of a sudden are told they no longer own the unit and must move out. The police don’t want to have to enforce this, and the State doesn’t want to have to deal with this nightmare.
The state gov tried to force the landowners to have to sell, but that was overturned in court, SO…….now we have this solution. Give the landowner such an incentive to sell the land that they can’t refuse, but put a time limit on it, so the landowner will do it soon, thus avoiding the crisis.
If you can buy the right leasehold property now, with the uncertainty of the future of the Fee (gives you a discounted value), and then it does go Fee in a few years, you should be able to pick up some value in the unit just because it goes Fee. Leasehold units will usually rent at breakeven with a lower down payment than Fee Simple properties because you haven’t paid for the land.
I am sure you are asking, “Yeah, well how would you know which ones might go Fee?”
That is where I come in to help. And FYI, there are companies that are in constant contact with the landowners to see if they would be willing to sell the fee or not. Typically they have had ongoing communications with most of the landowners and can tell you if there is a good possibility that the landowners would sell. These companies negotiate the process of selling the fee to the associations.
Oh…by the way, did I say this is risky, not guaranteed, is my opinion and is with the assumption that the market doesn’t change drastically over the next few years?
Let me know if you have any questions.