Real Estate Business and Tax Attorney and CPA
At Evolution Tax and Legal, our international tax lawyers and CPAs provide business and tax planning services to individuals and businesses alike involved in the ownership, maintenance, development, and investment into real estate, whether your located solely here in the US or abroad.
Whether you’re an individual investor looking to generate tax-free, passive cash flow, or a vertically integrated development fund taking on your most recent round of capital calls, we can assist you. Our team understands the challenges of keeping up with the constant compliance requirements surrounding the ownership, investment and management of real estate, and brings you the experience of a Big 4 accounting company.
Our Real Estate Business and Tax Services
Facilitating and Planning for Overseas Investment
More commonly, foreign investors and US real estate owners and developers are working together to facilitate investment into A-Class real estate projects. However, if not properly accounted for, the casual taking of an investment from a non-US person or business can result in harsh penalties to both parties, including the imposition of flat 30% taxes, required over withholding on sales of real estate via the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA), and large civil penalties for the failure to properly report said foreign investment.
Our team of international business and tax attorneys can account for the many requirements, nuances and potential ‘cow-pies’ that come with taking foreign investment to facilitate US real estate ownership and development. We can help you and your investors facilitate the correct structure to avoid onerous tax withholding regimes, penalties and compliance requirements, and help return the tax-free cash flow to foreign investors that the US so highly touts.
Choice of Entity, Formation and Management Agreements
Whether you operate solely in the US or internationally, the first consideration to owning, investing into, and developing real estate is your choice of entity. Many tend to think the traditional LLC is sufficient for their purposes, however, they overlook the other options available to them. This can leave real estate investors, developers and owners paying higher taxes and/or losing the benefit that real estate is otherwise supposed to provide.
Depending on your current situation and future plans, other entity choices, such as C corporations, S corporations, Real Estate Investment Trusts (REITs), and Partnerships should be considered. We take into account your current situation and future plans to help recommend, properly form and implement the entity that best fits your needs.
Furthermore, if engaging in a joint venture investment into real estate, partners and investors need to ensure that their agreed upon management and investor agreements are compliant with applicable State and Federal law, and that they protect the managers, owners, and investors in all situations. If provisions are poorly negotiated and/or drafted, this is likely to lead to litigation down the road. Our team here has worked with multiple funds to draw up the proper management, operational and investor documents depending on your operating structure.