Real Estate Law
A couple came into our San Francisco office the other day, frustrated with their tax bill. They wanted to know what they could do to lower their tax rate. Given the number of tax breaks available to real estate investors, we discussed the possibility of their purchasing some real estate to provide them with an additional revenue stream as well as tax deductions. We also discussed how Internal Revenue Code §467 deferred rental agreements might provide additional tax advantages in their situation.
Given our firm’s extensive experience with income and real estate tax issues, including litigating hundreds of Section 467 cases, the couple is confident in our ability to anticipate tax problems in their new venture and to deal with the IRS if necessary. Our accounting staff will prepare their tax returns. Our in-house real estate lawyer will be available to prepare lease agreements, handle title issues and manage any property disputes. For this couple, we are a “one-stop-shop” to maximize tax savings, optimal tax planning and recordkeeping assistance, tax preparation and legal defense, as well as an ongoing source of real estate business advice.
You too can take advantage of the personalized and collaborative approach that distinguishes the real estate and tax law firm of Moskowitz, LLP. In addition to our extensive experience with the full range of local, state, federal, and international tax matters, our firm’ real estate services include (but are not limited to):
Real Estate Sales, Mergers, and Acquisitions
The attorneys at Moskowitz, LLP can help you and your business with all aspects of real estate sales, mergers, and acquisitions, including negotiating and drafting standard or unique real estate contracts for residential, commercial, or mixed-use development, land use, and construction; providing legal review of contract terms and events; handling real estate financing and settlements; title and escrow, purchasing speculation real estate; and resolving contract disputes.
Real Estate Entity Formation and Governance
The Real Estate Practice Group at Moskowitz, LLP has assisted numerous taxpayers with real estate entity formation and governance. Depending on your tax needs, you may choose among a number of business structures for your real estate holdings – sole proprietorship, Limited Liability Company, partnership, or corporation.
Conservation Easements and Land Use
Owners of substantial property who give up a right in land or buildings to a land trust or other qualifying organization create an “easement” that not only delivers a public benefit but may also result in substantial tax savings. Our firm can help you use a conservation easement to maximize your available estate and asset protection and minimize the tax consequences of your property acquisitions and holdings.
Real Estate Taxation
We handle the full range of real estate tax issues for investors, from the proper handling of 1031 exchanges and the new 2018 “opportunity zones,” to resolving property tax disputes with the government.
Real Estate Professionals
We assist real estate professionals with federal and state tax audits, commission disputes, and disciplinary hearings. We also provide California Bureau of Real Estate (CalBRE) financial compliance audit defense for mortgage loan brokers, property managers, and broker-owned escrows.
Real Estate Litigation
Even the most carefully managed real estate portfolio is no guarantee against litigation. We can represent you in the pursuit or defense of a real estate lawsuit, in matters relating to real property taxation, easements and boundary disputes, tax and other liens and encumbrances, and landlord and tenant issues.
Cross-Border Real Estate Investment
Cross-border real estate transactions may simply involve the purchase of property in a country that has no restrictions on foreign purchasers, or it may require complex arrangements with local companies or parties in multiple jurisdictions. Our real estate and tax attorneys help the firm’s clients with both foreign investment in U.S. property and U.S. investment in overseas property.
Although there are no FinCEN reporting requirements for overseas real estate holdings, you must report bank accounts used to manage rental income and must include the value of your overseas real estate is held in a foreign partnership, LLC, or trust. Our attorneys and accountants can get you into compliance with FinCEN reporting requirements and represent you if the matter goes to litigation.