Real Estate Taxation

The members of Whiteford's Tax Section work hand-in-hand with our real estate attorneys to structure transactions in order to minimize the federal and state income tax impact on the parties involved in the transaction and to minimize the recordation and transfer tax implications. From the seller's perspective, the focus is on first attempting to structure the transaction to defer any gain inherent in the transaction, with as little economic risk as possible, and then attempting to assure the more favorable capital gain treatment, whether or not the gain is deferred. From the buyer's perspective, the focus is on attempting to structure the transaction to recover, for income tax purposes, the various costs relating to the transaction as quickly as possible and to ensure that the tax implications of any financing are as tax favorable as possible.

Samplings of the types of transactions that we have been involved are as follows:

  • Purchases and sales of all types of commercial properties in the Baltimore Washington corridor
  • Planning with respect to the development and subdivision of residential subdivisions
  • Tax deferred exchanges
  • Transfers of property to Real Estate Investment Trusts
  • Transfers of property to and from business entities to their owners, including corporations and shareholders, partnerships and partners, and limited liability companies and their members.
  • Tax planning with respect to commercial leasing transactions, including the structuring of “IRC 467 Rental Agreements”
  • Tax planning with respect to the implications of the "IRC Section 465 At-risk" rules when nonrecourse financing is used as a funding source

Name
Title
Contact
Partner
Email
410.347.8719
Partner
Email
410.347.8719
Partner
Email
703.280.9270
Partner
Email
703.280.9270
Senior Counsel
Email
410.979.5077
Senior Counsel
Email
410.979.5077
Partner
Email
410.347.9441
Partner
Email
410.347.9441
Partner
Email
410.347.9488
Partner
Email
410.347.9488

Passthrough Entities and Real Estate Tax Update - WTP Speaker

WTP TAX LAWYER TO PRESENT PASSTHROUGH ENTITIES AND REAL ESTATE TAX UPDATE

Michael J. Grace, Counsel, with WTP’s Tax Section in Washington, DC, on June 4, 2015 will present “Passthrough Entities and Real Estate Tax Update” at the Illinois CPA Society’s annual Taxation on Real Estate Conference. Topics on which Michael will present include allocating partnership liabilities and tax credits, partnership compensation planning including carried interests, like-kind exchanges, passive activities, net investment income tax, and tax planning for real estate professionals. 

Passthrough Entities and Real Estate Tax Update - WTP Speaker

WTP TAX LAWYER TO PRESENT PASSTHROUGH ENTITIES AND REAL ESTATE TAX UPDATE

Michael J. Grace, Counsel, with WTP’s Tax Section in Washington, DC, on June 4, 2015 will present “Passthrough Entities and Real Estate Tax Update” at the Illinois CPA Society’s annual Taxation on Real Estate Conference. Topics on which Michael will present include allocating partnership liabilities and tax credits, partnership compensation planning including carried interests, like-kind exchanges, passive activities, net investment income tax, and tax planning for real estate professionals. 

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The Real Deal - Winter 2010

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Trinity Assembly of God v. People's Counsel for Baltimore County

Landlord's Remedies for a Tenant's Failure to Pay Rent Under Maryland Law

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In Current Economic Climate, Maryland Counties Embrace State Law Tolling Local Development Approvals

Governments Work to Provide Incentives and Mandates for Building Green

Leasing Survival: What You Can Do In A Weak Real Estate Market