News & Analysis as of

Commercial Real Estate Tax

Read Commercial Real Estate Law updates, news, and legal commentary from leading lawyers and law firms:

Pennsylvania Court Provides Commercial Property Owners With Defense to Tax Assessment Appeals

by Pepper Hamilton LLP on

On July 5, the Pennsylvania Supreme Court issued a unanimous decision confirming that all real estate in a taxing district is a single class (i.e., not subject to sub-classifications based on property type, such as...more

California Supreme Court Decision Changes the Transfer Tax World

In 926 North Ardmore Avenue LLC v. County of Los Angeles, the California Supreme Court concluded that, subject to certain limitations, California’s Documentary Transfer Tax Act (the California DTTA), applicable to direct...more

Property Tax & Valuation Topics: Summer 2017

by Pullman & Comley, LLC on

Declaratory Judgment Not the Correct Remedy - Danping Li sued the Town of Woodbury with regard to the assessments of three properties she owned in that community. One of the counts of her complaint seeking a declaratory...more

Selective property tax appeals based on property type or residency status of the owner violates the Pennsylvania Constitution’s...

by Tucker Arensberg, P.C. on

The Pennsylvania Supreme Court recently reversed the Commonwealth Court and held that the Uniformity Clause of the Pennsylvania Constitution does not permit school districts to selectively appeal only the assessments of...more

2016 Cook County Property Tax Assessment Trends

by Franczek Radelet P.C. on

For the past eight years, Franczek Radelet has tracked property tax assessment data obtained from the Cook County Assessor's Office. Our data set begins in tax year 2009 when the classification ordinance was amended to...more

PA Supreme Court Limits School District Real Estate Tax Appeals

by Ballard Spahr LLP on

In a long-awaited decision on a hotly debated issue, the Pennsylvania Supreme Court has held that taxpayers whose apartment buildings were singled out for school district tax appeals have stated a valid claim that such...more

Delaware to Increase Transfer Tax to 4% Starting August 1, 2017

by Saul Ewing LLP on

Increase will not apply to contracts signed before August 1st - As part of passing the budget for fiscal year 2018, the Delaware General Assembly voted to increase the transfer tax charged on real estate transactions from...more

PA Supreme Court Prohibits Taxing Jurisdictions from Specifically Targeting Commercial Properties for Reverse Assessment Appeals

by Reed Smith on

In a landmark decision, the Pennsylvania Supreme Court reversed lower court decisions affirming the ability of taxing jurisdictions in Pennsylvania to solely target high-value commercial properties for “reverse” tax appeals....more

Pennsylvania Supreme Court Rules That Constitution Prohibits School Districts from Engaging in Selective Tax Appeals

by Blank Rome LLP on

Action Item: This alert examines the recent Pennsylvania Supreme Court decision in Valley Forge Towers Apartments v. Upper Merion School District, which held that a school district may not selectively appeal the assessments...more

Reverse Property Assessment Appeals: Commercial Properties Owners Have a Friend in the Pennsylvania Supreme Court

by Reed Smith on

In a landmark case titled Valley Forge Towers Apartments N, LP, et al. v. Upper Merion Area School District & Keystone Realty Advisors, LLC, No. 49 MAP 2016, issued July 5, 2017, the Pennsylvania Supreme Court (the “Court”)...more

California Supreme Court Confirms: Pony Up the Documentary Transfer Tax

by Nossaman LLP on

The California Supreme Court just dealt a blow to taxpayers who transfer interests in real estate-owning LLCs and other entities. In 926 North Ardmore Avenue, LLC v. County of Los Angeles (Cal. S. Ct. No. S222329, June 29,...more

Commercial Borrowers Should be Familiar with the Refinance Exemption in Order to Avoid Paying More Taxes than Necessary

by Miles & Stockbridge P.C. on

It is pretty well known that Maryland imposes taxes upon the sale/purchase of real property. The State requires both a recordation tax and a transfer tax to be paid whenever an ownership interest in property is transferred....more

California Supreme Court Holds Localities Can Apply Documentary Transfer Tax to Transfers of Interests in Property-Holding...

by Reed Smith on

The California Supreme Court, in a 6-1 decision, has held that a city or county may impose documentary transfer tax on the transfer of the ownership interests in a legal entity that owns real property located in the locality....more

Prescription For Success: Indiana Tax Court Again Affirms Property Tax Reduction For Retail Property Used As CVS

by Faegre Baker Daniels on

On May 25, 2017, the Indiana Tax Court affirmed the assessment reduction for a 10,800 square foot retail store used as a CVS in Monroe County. In Monroe County Assessor v. SCP 2002 E19 LLC 6697 a/k/a CVS 6697-02, the Tax...more

Michigan Supreme Court Clarifies Eligibility For Charitable Property Tax Exemption

by Fraser Trebilcock on

This week the Michigan Supreme Court in Baruch SLS Inc v Township of Tittabawassee (MSC Docket No 152047) clarified how the factors are to be considered in determining whether real property is exempt from...more

California Supreme Court Affirms Novel M&A Tax

by Allen Matkins on

Suppose Mr. Henry owns all of the outstanding shares of a Virginia corporation that owns all of the issued and outstanding shares of a Massachusetts corporation that owns, among other things, real property in Los Angeles,...more

Extension Of Four Valuable As-of-Right Incentive Programs Included In New York State's Omnibus Bill

by Akerman LLP on

The State's new omnibus bill renewed and extended programs that abate real estate taxes, city corporate taxes, and sales taxes, and provide energy discounts to qualified applicants. Developers and businesses with new...more

PTAB

by Franczek Radelet P.C. on

Please see chart below for more information. ...more

2017 Legislative Update: New Laws Impacting Commercial Real Estate Clients

by Sands Anderson PC on

On July 1, 2017, new laws passed during the 2017 General Assembly session will go into effect in Virginia that may impact you as someone interested in commercial real estate. They run the gamut of issues touching on the real...more

Trends in cross-border real estate investment and the changing tax landscape

by Hogan Lovells on

Real estate markets in both the U.S. and Europe continue to attract significant overseas investment. With interest rates at or near all-time lows, and dwindling returns in other asset classes, real estate has emerged as...more

Transformational Brownfield Projects Eligible for Substantial Tax Incentives Under Recently Enacted Legislation

by Miller Canfield on

Brownfield redevelopment authorities and developers and owners of transformational brownfield redevelopment projects are eligible for substantial tax incentives under legislation signed by Governor Snyder on June 8,...more

Client Alert: Florida’s Sales Tax Reduction Requires Commercial Lease Parties to Recalculate Their Rent Schedules

Florida is one of the only states in the country that levies a tax on commercial leases, and is the only state to do so in any comprehensive manner. Governor Rick Scott and the Florida legislature have been attempting to...more

Reducción de impuesto a las ventas sobre la renta comercial en Florida

El estado de Florida aplicó un impuesto a las ventas sobre la renta comercial desde 1969. En la actualidad, el impuesto tiene una tasa del 6 por ciento en cada condado, excepto en Miami-Dade, que fija una tasa del 7 por...more

What De Blasio’s Land Use Agenda Means for Brooklyn Real Estate Development

by Cozen O'Connor on

Even with all the development of the last 20 years, Brooklyn, the most populous of New York City’s five boroughs, now approaching 2.7 million residents, continues to attract strong interest from developers, each scouring the...more

U.S. Supreme Court Declines to Review a Legal Challenge to Mello-Roos Special Taxes - Funding Mechanism for “Additional Services”...

by Best Best & Krieger LLP on

The U.S. Supreme Court this week declined to hear a development association’s petition for review of a California Court of Appeal’s decision that the Mello-Roos Act of 1972 allows the City of San Ramon to levy a special tax...more

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