News & Analysis as of

Commercial Property Owners

UK Real Estate Tax Changes: How are Commercial Property Lenders Affected?

by Ropes & Gray LLP on

A significant amount has been written about the proposals made in the November 2017 Budget by the Chancellor of the Exchequer in relation to the taxation of the UK commercial property sector. The bulk of this commentary has...more

Hot Topics in Commercial Real Estate Winter 2018

Arnall Golden Gregory’s Retail Industry Team would like to thank those that joined us for our Annual Breakfast Briefing “Hot Topics for Commercial Property Owners and Managers” on December 5, 2017. We hope that you found the...more

Resource for Doing Business in the United States – Installment #9 – Real Estate

by Garvey Schubert Barer on

One of the things any active investor in the United States almost always needs is a place in which to operate its business. Buying or leasing property can be tricky, however. For example, one can face liabilities by merely...more

Proposed UK Real Estate Tax Regime Targets Offshore Investors' Capital Gains

by Jones Day on

The Situation: Historically, the United Kingdom has not taxed capital gains on real estate disposals when the seller was not a UK resident. The Development: Coming into line with most of the world's jurisdictions, the UK...more

Operating Agreement Defeats Statutory Buyout Rights Upon LLC Member’s Withdrawal

by Farrell Fritz, P.C. on

When the tsunami of LLC enabling statutes swept the U.S. in the late ’80s and early ’90s, including New York in 1994, many included a default rule authorizing as-of-right member withdrawal and payment for the “fair value” of...more

Out is Now In – Understanding the Outparcel Trend and Potential Pitfalls

During the last several years, we have noticed a trend in the world of retail development. More and more “big-box” retail companies are carving out parts of their parking lots to create new outparcels. To understand the...more

Podcast Episode 12 - When the Government Pays for the Moving Van with Ms. Lisa Harrison

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 12, Ms. Lisa Harrison SR/WA, URAC, RAC, NAC, President of Pinnacle Consulting Management Group, joins us to discuss relocation expenses. ...more

Changes in CIT and PIT signed by the President

by DLA Piper on

The President signed on 22 November 2017 the Act of 27 October of the current year, introducing changes to the acts on corporate income tax and personal income tax (further, the "Act"). The aim of the amendment is to make the...more

Major Changes Proposed to UK Tax Regime for Non-resident Investors in UK Commercial Property

by Proskauer - Tax Talks on

The UK Government has announced in today’s Budget (22 November) that it is launching a consultation on extending the scope of UK tax on real estate. Currently, non-UK residents who are investors in UK land and buildings...more

Restaurants vs. Apparel: A Different Recipe for Restructuring A Retail Footprint

by Bryan Cave on

With the holiday season now upon us, analysts are closely watching the restaurant industry, particularly the casual dining segment. Reminiscent of the conditions in 2008-2009, many are speculating whether the increase in...more

Tax Appeals Based on Property Type May Violate State Constitution

by Tucker Arensberg, P.C. on

Valley Forge Towers Apartments N, L.P. v. Upper Merion Area School Dist., 2017 Pa. LEXIS 1520, 163 A.3d 962 (Pa. July 5, 2017). (The Pennsylvania Supreme Court holds that school district’s tax assessment appeal policy...more

Disaster Losses and Gains for Business or Employee Property

by Moskowitz LLP on

I have business property that was destroyed in a disaster. Is the tax loss calculated the same way for business property as for personal use property?...more

Massachusetts Reference Award and Alleged Chapter 93A Violation Addressed By Federal District Court Opinion

The Massachusetts reference process is a creature of statute designed to provide an expeditious method to resolve disputes over the amount of loss covered by a property insurance policy. While a reference panel cannot decide...more

Don't Get Overtaxed: Successful Tax Assessment Challenge Shows Benefits of Apartment Owner Due Diligence

by Faegre Baker Daniels on

By statute, a variety of property types are assessed based on specific approaches to value – in some cases, at the lowest value indicated by a number of valuation approaches. Apartments are one such property type and, as...more

You have an Environmental Insurance Policy. Do you know what the fine print says?

THINK YOU CAN MAKE A CLAIM ON YOUR ENVIRONMENTAL INSURANCE POLICY? You better read the fine print first. *Due Diligence – The mantra is often repeated - take initiative, be proactive. For a variety of reasons a...more

S-corporations – Time to Roll In your Rental-Income Benjamins

by Miles & Stockbridge P.C. on

In Private Letter Ruling 201725022 (the “PLR”), the IRS determined that rental income an S-corporation received from its operations is not passive investment income that would subject the S-corporation to termination. In...more

Can I Park Here? Second Department Takes the Driver’s Seat in Recent Parking Cases

by Farrell Fritz, P.C. on

Last month, the Appellate Division, Second Department, issued two interesting opinions concerning parking. One involved a parking variance and the other involved a restrictive covenant....more

Arizona Supreme Court Clarifies Area Variance Standard; Property Owners May Obtain an Area Variance When Special Circumstances...

by Snell & Wilmer on

In Pawn 1st v. City of Phoenix, the Arizona Supreme Court rejected a Court of Appeals rule that would have unduly restrained alienation of property in Arizona. The Court of Appeals found that the City of Phoenix Board of...more

Fall 2017 Municipal Revaluations in Connecticut

by Pullman & Comley, LLC on

Approximately 20 percent of Connecticut municipalities plan to conduct revaluations effective October 1, 2017. For those with commercial real property located in a revaluing community, you should know that a representative...more

[Webinar] Real Estate, Cybersecurity and The Internet of Things - October 10th, 12:00pm ET

by BakerHostetler on

The Internet of Things (IoT) is rapidly changing the digital landscape for business. An increasing number of physical items – from refrigerators and televisions to cars and skyscrapers – are now connected to the Internet (and...more

Connecticut Makes Favorable Changes to its Commercial PACE Financing Program

On July 11, 2017, the Connecticut General Assembly enacted H.B. 7208 (“Revised C-PACE Statute”) to make several minor changes to the existing statute governing the State’s commercial property assessed clean energy (or...more

The Texas Tree Mitigation Fee Credit Bill is Resurrected from the Dead

by Jackson Walker on

Many developers must remove existing trees in order to build new homes or buildings. Some cities have required developers to pay fees, known as tree mitigation fees, as a condition for permitting the removal of the trees....more

Real World Results of the PA Valley Forge Reverse Tax Appeal Decision

by Reed Smith on

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

Deadline Approaches for Phila. Tax Appeals – Increased Assessments & Potential for School District Appeals

by Ballard Spahr LLP on

The Philadelphia Office of Property Assessment (OPA) has reviewed the assessed values of all commercial and industrial real estate in Philadelphia, and earlier this year, many owners of commercial and industrial real estate...more

Education Week Article Examines Harmful Revenue Impact of Property Tax Appeals

by Franczek Radelet P.C. on

A recent article in Education Week has caught the attention of many local educators. The article, available here, discusses a national trend in property tax assessment appeals that can have devastating effects on school...more

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