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With
the unprecedented shortage of industrial buildings to buy, cheap abundant
capital available, and a steady drumbeat of increased demand from investors and
occupants - we find ourselves in an acute seller’s market.
Many
of our clients have received unsolicited offers at eye popping figures! By
unsolicited, I mean this - no listing, no marketing, no real thought about
selling but the offer arrives in your inbox. Frankly, these numbers are so
appealing - it’s caused many to pause and consider accepting the windfall.
But,
there are challenges that must be overcome. What are those, you may be
wondering? Allow me to expand your understanding, may I?
You still need the building to operate your business. A wise
decision was made some time ago to house your business in owned commercial real
estate. Through the years, the operation has paid you rent, mortgage balances
have been retired, tax benefits achieved, and appreciation has occurred. But
the fact remains, so long as your enterprise requires an address - continuing
to own and occupy the building is generally the best alternative. Sure, you
could structure a leaseback, stay put and take advantage of the lofty offer.
Just make sure your operation can withstand the likely bump to market rent your
buyer requires. Or, you could relocate the business to a cheaper market.
Problem is, this “cheaper market” would likely be in a different state. And the
same imbalance of supply and demand likely exists. Finally, many approaching
retirement years believe this is a great time to sell the company and the real
estate and retire.
What will you do with the money? In most
ownership structures, the sale of a capital asset triggers a significant tax
obligation. Yep. Uncle Sam wants a taste of your proceeds. First off, the gain
- difference between your net purchase price and basis will be federally taxed
at 20%. Next, any depreciation taken through the years will be recaptured at
25%. California will tack on 13.3% and finally a cut by the Affordable Care Act
of 3.8%. All in - your looking at close to 40% of your gain paid in taxes. Some
simply believe the best way to go is to pay the levy and be done. With the
crazy numbers being offered today - there is still a lot remaining. If the
thought of a 40% hit is too much, you can certainly defer the tax through
several means - a tax deferred exchange, a partial exchange, a Delaware
Statutory Trust, or an allocated LLC. All of these deferral strategies require
specialized advice through your CPA and real estate counsel.
Certainly,
none of us can predict how long these unprecedented prices will continue. Will
world events such as the war in Ukraine, rising interest rates, another
pandemic, or something unforeseen crater our market with uncertainty? Normally,
a vacancy factor of around 5-6% provides a good platform for buyers and sellers
to transact. By that I mean 94-95% of our industrial stock is occupied. Leaving
the balance in play. Today, depending upon the location in SoCal - we’re
talking 1% or less. Skewed is the market. A catastrophe indeed would precede
any return to normalcy.
Allen C. Buchanan, SIOR, is a principal with Lee &
Associates Commercial Real Estate Services in Orange. He can be reached
at abuchanan@lee-associates.com or 714.564.7104. His
website is allencbuchanan.blogspot.com.