EST2601. “Real Estate Taxation” geared toward estate tax issues: gifts, estate tax, trust issues, basis issues, carryforwards, estate 1041 or trust 1041 issues.

This presentation will focus on the income tax and wealth transfer tax planning opportunities (and pitfalls) associated with planning for real estate investors, including a discussion of non-tax considerations and obstacles. We will explore planning strategies for specific types of assets and ownership structures typically found in real estate transactions, primarily through a series of hypothetical fact patterns. Issues for discussion will include the use of grantor trusts, selection of trustees, negative capital accounts, opportunity zone planning, transfers of “promote” (i.e. carried) interests, charitable gifts, and more.

Learning Objectives:

• Identify and evaluate wealth transfer tax opportunities uniquely situated for owners and developers of real property, with discussion of alternatives in structuring these plans.
• Identify income tax planning opportunities for owners and developers of real property and understand the income tax consequences (sometimes trade-offs) of wealth transfer tax planning strategies.
• Consider the effects of valuation discounts.
• Recognize non-tax considerations relevant to tax planning strategies – control, cash flow, creditor protection, lender considerations, etc.