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Real Estate & Construction

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October 01, 2019

5 Questions to Consider When Evaluating the Purchase of a Real Estate “Bargain”

With real estate values holding fairly steady over the past several years, investors are quick to jump on a perceived bargain. While getting rock bottom pricing isn’t a bad idea, investors need to be careful about doing their homework before closing. A bargain can quickly turn into a...

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August 27, 2019

Nonrecourse Loans: Be Smart About Carveouts that Could Jeopardize Your Protection

With the many types of loans available to borrowers, nonrecourse loans remain popular because they can shield borrowers from personal liability. But lenders will try to add “carveouts” to minimize that protection. If borrowers violate carveouts in the loan document, they may be left...

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August 21, 2019 Nevin Nussbaum

Are You Prepared for Statement of Cash Flow Changes Regarding Restricted Cash?

In November 2016, the Financial Accounting Standards Board issued ASU 2016-18, Statement of Cash Flows (Topic 230) – Restricted Cash. Although previously available for early adoption, this standard is required to be implemented by non-public companies with fiscal year-ends beginning after...

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August 08, 2019

AICPA Addresses Top Tax Cuts and Jobs Act Issues and More in August Tax Clinic

As always, there is a lot going on in the tax world that impacts businesses and their owners, this year in particular due to the Tax Cuts and Jobs Act. It was my privilege to again serve as editor of the AICPA’s Tax Adviser August Tax Clinic, a special section in the professional journal...

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July 23, 2019 Lisa Loychik

Does an Internal Rate of Return Waterfall Make Sense for Your Development Project?

The internal rate of return (IRR) waterfall arrangement has gained popularity in recent years as a way to shift risk from equity investors, while rewarding developers for strong results. But no one should enter into such an arrangement without a firm grasp of how it works.How Profits Are Handled...

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June 26, 2019

Rental Real Estate Owners Could Qualify for TCJA’s Section 199A Deduction

The Tax Cuts and Jobs Act (TCJA) created a significant new tax deduction for qualified business income (QBI) for so-called “pass-through” entities for 2018 through 2025. But it also created uncertainty about whether owners of rental real estate were eligible for the deduction. Recent...

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May 30, 2019

Crowdfunding: Another Option for Commercial Real Estate Projects

You’ve probably heard of Kickstarter and other popular crowdfunding platforms used to obtain funding from individual investors for everything from independent movies and music to healthcare and legal expenses. In the past few years, crowdfunding platforms have also popped up to offer...

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May 06, 2019

Why Seller Financing May Be an Alternative to Consider in Commercial Real Estate Transactions

The commercial real estate market has been steadily making improvements since the 2008 financial crisis. While traditional financing is readily available, seller financing may be another viable option for many investors.   In seller-financed transactions, the seller generally gives the...

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April 26, 2019 Dave Sobochan

7 FAQs from Round 2 of Qualified Opportunity Zone Guidance

On April 17, 2019, the Department of Treasury issued the second set of proposed regulations regarding the Qualified Opportunity (QO) Zone Program. This long-awaited guidance further clarifies how to comply with the program and how to make it over some of the hurdles associated with structuring...

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April 17, 2019 Dave Sobochan

IRS Releases Round 2 of Proposed Regulations Clarifying Qualified Opportunity Zone Program

The IRS and the U.S. Department of the Treasury released round two of proposed regulations surrounding the Qualified Opportunity (QO) Zone Program today. The 169-pages of regulations address many areas, including:How businesses headquartered in designated QO Zones may benefit,The timeline for QO...

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March 25, 2019

Historic Tax Credit is Alive and Well

Prior to the passage of the Tax Cuts and Jobs Act (TCJA) in late 2017, the future of the Historic Tax Credit (HTC) for rehabilitating historic buildings was questionable. The HTC — also known as the federal rehabilitation credit — survived and remains a valuable tool for developers...

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March 15, 2019 Dave Sobochan

Second Round of Proposed Qualified Opportunity Zone Regulations Under Review

Significantly behind the originally published timeframe, the second round of proposed regulations related to the Qualified Opportunity Zone program is currently under review at the Office of Information and Regulatory Affairs.   The following issues still need to be addressed: ...

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February 27, 2019

IRS Compliance Campaign Focuses on Land Developers Using Completed Contract Accounting Method

The IRS Large Business and International (LB&I) Division is currently pursuing a “compliance campaign” against large land developers of residential communities for improper use of the more taxpayer-friendly completed contract method (CCM) of accounting. The IRS believes some...

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January 22, 2019

How the New Lease Accounting Rules Will Impact Lessors

The Financial Accounting Standards Board’s (FASB’s) new standard for accounting for leases is poised to take effect for public companies and certain other entities for periods beginning after December 15, 2018. Although early adoption is permitted, other organizations that follow U.S....

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January 21, 2019 Jeffrey McMichael

Industrial Facilities Exemption Offers Michigan Manufacturers Property Tax Savings

Are you thinking about renovating or expanding your aging Michigan manufacturing facility? Are you considering building a new facility or going high tech? If so, obtaining a Michigan Industrial Facilities Exemption Certificate (IFEC) could save you a significant amount on property taxes. ...

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October 04, 2018 Lisa Metzinger

5 Best Practices to Help Real Estate Project Owners Stay HUD-Compliant

The U.S. Department of Housing and Urban Development (HUD) sponsors a broad range of programs designed to revitalize urban neighborhoods, stimulate housing construction, encourage home ownership opportunities, and provide safe and affordable housing primarily for low-income families.   HUD...

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April 25, 2018

The Tricky Business of Classifying Income from Land Rents on Your Tax Return

Classifying and reporting income and losses related to a land rent, such as a flat-surface parking lot, can be more difficult than you might think. Many complexities of the tax law come into play and will depend on your specific situation, namely on if you operate the parking lot as a business or...

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October 25, 2017

Reimbursements for Preformation Capital Expenditures May Offer Exception to Disguised Partnership Sale Treatment

On October 5, 2016, the IRS issued final, temporary and proposed regulations on partnership disguised sales and allocation of liabilities. Under these regulations (and consistent with the prior regulations), when a partner contributes property to a partnership and receives a distribution within...

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September 21, 2017 Lisa Loychik

Proper Tax Treatment of Discounted or Distressed Debt Purchased in the Secondary Market

Over the years we have seen companies, many of whom operate in real estate, purchase debt in the secondary market often significantly below the principal amount owed.  The goal is to collect the price paid for the debt as well as a substantial portion of its original principal amount...

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August 23, 2017

Not Just a Trend: Market Analysis in Property Valuation

Appraisers are increasingly incorporating trend analysis when valuing real estate. Property owners, as well as potential buyers, need to understand the role trend analysis (also known as market analysis) can play when determining value. Trend AnalysisWhich amenities and characteristics...

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