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Investment Property

Rivkin Radler LLP

Swapping Foreign Real Properties On a Tax Deferred Basis

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Over the last couple of years, several of my friends have become citizens of the country from which their parents emigrated to the U.S. Also during that period, some acquaintances took advantage of the so-called “golden...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Projects? It's Time for Governmental and Tax-Exempt Entities to File for Applicable Tax Credits

As provided for in the 2022 Inflation Reduction Act (or IRA), entities not subject to taxation such as cities, counties, municipal utilities, school districts and 501(c)(3) organizations (or tax-exempt entities) can now take...more

Tonkon Torp LLP

1031 Exchange Deadlines Extended for Disaster Relief

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For the unfamiliar, a 1031 Tax Deferred Exchange is a key mechanism for taxpayers to maximize the sale of business and investment properties. For any current or aspiring real estate investor, this tool—found in Section 1031...more

Rivkin Radler LLP

Investor Beware: 1031 Exchanges Come with Legal Pitfalls

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Capital gains taxes can take a chunk out of the proceeds from an investment property sale – sometimes upward of 30% when federal and state taxes are combined. A 1031 tax deferred exchange is one way to defer paying capital...more

DarrowEverett LLP

Fractional Ownership: Education is Key to Enjoying its Value

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Fractionalized ownership is a method of owning and investing in real estate for those without deep pockets or the financial support of an institutional lender. Although it is an ownership structure that has been around for a...more

Walkers

Residential Lettings in Rent Pressure Zones – Recent Case Law

Walkers on

A recent judgment of the Dublin Circuit Court in Wow Investments Limited v. Residential Tenancies Board [2022] WECC3 has emphasised the importance of due diligence on current and past rental levels on the acquisition of...more

Rosenberg Martin Greenberg LLP

United States Court of Appeals for the Fourth Circuit Nixes Maryland’s Attempt to Give Tax Sale Purchasers A Home Field Advantage

Real property tax sales provide opportunities for investors to acquire properties for below market prices if the properties are not redeemed from sale or to earn interest on the taxes paid at the tax sale at generous rates if...more

Cozen O'Connor

Pennsylvania Enacts Record Tax Reform

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Pennsylvania’s 2022-2023 budget, Act of Jul. 8, 2022, P.L. __. No. 53 (Act 2022-53) (HB 1342) implements sweeping tax reform and revises some of Pennsylvania’s most business-unfriendly tax provisions. The bill will:.....more

Rivkin Radler LLP

Tax Court’s Decision On Assumption of Liability in M&A – A Clean Block or Goaltending?

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Assumed Liabilities- If a taxpayer were to sell the assets that comprise the taxpayer’s business, they would realize gain if the amount realized by the taxpayer from the sale is more than the taxpayer’s adjusted basis for...more

Goodwin

SEC Considering Further Regulatory Action Regarding Proxy Voting Advice

Goodwin on

In This Issue. The Chairman of the U.S. Securities and Exchange Commission (the SEC), Gary Gensler, issued a statement on the application of the proxy rules to proxy voting advice directed to the SEC staff to consider whether...more

Rivkin Radler LLP

“Earth To Earth”: Real Estate, Death And Biden’s Tax Proposals

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Go After Real Estate? During the 2020 presidential campaign, there was one segment of the “rich” for which then-candidate Biden seemed to have reserved some of his harshest criticism – wealthy real estate investors....more

Obermayer Rebmann Maxwell & Hippel LLP

New IRS Guidance for Like-Kind Exchanges

In 2017, the Tax Cuts and Jobs Act modified the rules for like-kind exchanges to apply only to real property not held primarily for sale. Prior to the Tax Cuts and Jobs Act, exchanges of machinery, equipment, vehicles,...more

Parker Poe Adams & Bernstein LLP

S.C. Court of Appeals Issues Taxpayer-Friendly Opinion That Could Provide Relief to Property Owners

On Wednesday, the South Carolina Court of Appeals issued an opinion that could provide relief to owners of commercial and investment properties, many of whom are already experiencing turbulence in development and acquisition...more

McGlinchey Stafford

NYDFS FAQs Confirm Scope of COVID Mortgage Forbearance Law

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Governor Andrew Cuomo signed S8428/A10530 and S8243-C/A10351-B into law on June 17, 2020. Collectively, in relevant part, the legislation creates N.Y. Banking Law § 9-x, which relates to residential forbearances as a result...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Investment Property Exception to $10,000 Cap on Itemized Deduction for State and Local Property Taxes?

As it relates to individuals, one of the more controversial aspects of the 2017 revenue act (commonly referred to as the “Tax Cuts and Jobs Act") is the $10,000 cap on itemized deductions for state and local taxes. ...more

Ballard Spahr LLP

Update on Qualified Opportunity Zones: Second Set of Guidance Issued

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OVERVIEW OF QUALIFIED OPPORTUNITY ZONE PROGRAM - The Qualified Opportunity Zone (QOZ) program, introduced in 2017’s Tax Cuts and Jobs Act, is a new incentive program for investments in over 8,700 QOZs located in all 50...more

Brownstein Hyatt Farber Schreck

Repeal on Statewide Ban on Rent Control Introduced in Colorado Senate

Due to a multifaceted and diverse economy, and a corresponding influx in available jobs, Colorado has experienced tremendous growth over the last 10 years as the state’s population has increased by more than 13 percent since...more

Patton Sullivan Brodehl LLP

What’s the “California Housing Freeze” Proposition on the November Ballot?

A rent control initiative titled the “Affordable Housing Act” — but criticized by others as the “California Housing Freeze” — has qualified as Proposition 10 on the November 2018 ballot.  What is it?...more

Foster Garvey PC

OTA & Travel Distribution Update - July 21st, 2017

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Integration of Short-Term Rentals Continues [METASEARCH / SHORT-TERM RENTALS] - ("Google Is Testing Vacation Rental Search in Its Hotel Price-Comparison Tool," Skift Travel News, July 20, 2017) - In what was an...more

Hogan Lovells

IPF Launches Template Non-Disclosure Agreement and Exclusivity Agreement

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A non-disclosure agreement (NDA), also known as a confidentiality agreement, is typically entered into between parties who need to share confidential information with each other in order to evaluate it, typically as a prelude...more

Ward and Smith, P.A.

The Benefits of Using Multiple “Single-Asset” Limited Liability Companies for Investment Properties

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Practicing real estate law means that I’m constantly talking with all types of clients, including large scale developers as well as individuals simply looking to do a little investing in real estate. Interestingly and...more

Williams Mullen

The Cost of Clarity: IRS Issues Regulations Addressing Proper Treatment of Code Section 50(d) Income

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On July 21, 2016, the IRS issued long-awaited regulations under Section 50 of the Internal Revenue Code (the “Code”) clarifying the manner in which “Section 50(d) Income” is to be recognized in lease pass-through investment...more

Foley & Lardner LLP

IRS Issues Proposed Rules on Income Inclusion under Section 50(d)(5)

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The IRS just published long-awaited temporary regulations under section 1.50-1T governing the section 50(d)(5) income inclusion rules. These rules apply to lessees of investment credit property when the lessor elects to treat...more

McCarter & English, LLP

New Jersey Property Tax Appeal Time

It is property tax appeal season in New Jersey. If you own or lease commercial, residential and/or investment property in New Jersey, now is the time to review whether you should file a 2016 appeal. If you own real...more

Pierce Atwood LLP

Rhode Island Property Tax Appeal Deadlines Approaching

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Owners of commercial, residential or investment property in Rhode Island who wish to challenge their property tax assessment(s) are reminded that significant deadlines are approaching that require immediate attention. The...more

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