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Financial Institutions and Real Estate

Lathrop Gage structures and analyzes the tax issues involved with:  like-kind real estate exchanges; structuring limited liability companies and other entities to own real estate; loan modifications; below-market interest rate loans/interest imputation issues; low-income housing tax credits; rehabilitation tax credits; cancellation of indebtedness; Regulated Investment Companies, Real Estate Mortgage Investment Conduits and Real Estate Investment Trusts, and financial institutions taken over by regulators. 

Representative Experience:

  • Representing clients in simultaneous and deferred tax-free, like-kind exchanges
  • Representing clients in “reverse” tax-free, like-kind exchanges
  • Advising clients regarding election of real estate investment trust status
  • Advising developers regarding low-income housing tax credit requirements and structuring transactions to permit investors to utilize such tax credits
  • Advising developers and investors regarding rehabilitation tax credit requirements and statutory transactions to qualify for the tax credits and structuring transactions to permit investors to utilize such tax credits 
  • Representing clients in real estate tax appeals. A recent decision resulted in a refund of 2/3 of a client’s real estate taxes (plus interest) for several prior years and established a valuation methodology that will save the company millions of dollars going forward 

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