Real Estate

Sec. 355 and REITs: Opportunities for Owner-Occupied Real Estate

This item explores the challenges taxpayers have historically faced when contemplating a Sec. 355 transaction that involves a REIT holding owner-occupied real estate. It also examines a potential active trade or business planning opportunity brought to light by a recent private letter ruling.

Depreciation and Changes in Use of Real Property

This item discusses the distinction between residential and nonresidential property, depreciation, and the application of the change-in-use regulations if a rental property changes from residential use to nonresidential or vice versa.

Deductibility of LEED Certification Costs

Tax professionals may be in the best position to support their clients or company in identifying LEED certification costs and determining the appropriate tax treatment as either a current-period expense or a capital expenditure.

Service Addresses REIT’s Temporary Investment of New Capital

The IRS determined that a real estate investment trust (REIT) qualified for the “temporary investment of new capital” rules for purposes of the REIT income and asset tests when the REIT loaned the proceeds of its public debt offering to its operating partnership (OP) and the OP, in turn, temporarily invested the proceeds in stock and debt instruments.

Recent Rulings in Real Estate Development

Editor: Frank J. O'Connell, Jr., CPA, Esq. With the slowdown in the real estate market continuing, many taxpayers with investments in undeveloped real estate are attempting to find creative ways to realize the built-in profit on their existing holdings. This planning may involve a real estate developer’s attempting to sell

Newsletter Articles


States look to unclaimed property for revenue

State audits of abandoned and unclaimed property (AUP) have exploded in recent years. This report outlines the escheat process, common types of AUP, how different states are handling it and how companies can plan for potential audits and liabilities.


Understanding the new Sec. 199A business income deduction

The new deduction allows certain business owners to keep pace with the significant corporate tax cut provided by the Tax Cuts and Jobs Act.