Real Estate Taxation

The members of WTP's Tax Section work hand-in-hand with our real estate attorneys to structure transactions in order to minimize the federal and state income tax impact on the parties involved in the transaction and to minimize the recordation and transfer tax implications. From the seller's perspective, the focus is on first attempting to structure the transaction to defer any gain inherent in the transaction, with as little economic risk as possible, and then attempting to assure the more favorable capital gain treatment, whether or not the gain is deferred. From the buyer's perspective, the focus is on attempting to structure the transaction to recover, for income tax purposes, the various costs relating to the transaction as quickly as possible and to ensure that the tax implications of any financing are as tax favorable as possible.

Samplings of the types of transactions that we have been involved are as follows:

  • Purchases and sales of all types of commercial properties in the Baltimore Washington corridor
  • Planning with respect to the development and subdivision of residential subdivisions
  • Tax deferred exchanges
  • Transfers of property to Real Estate Investment Trusts
  • Transfers of property to and from business entities to their owners, including corporations and shareholders, partnerships and partners, and limited liability companies and their members.
  • Tax planning with respect to commercial leasing transactions, including the structuring of “IRC 467 Rental Agreements”
  • Tax planning with respect to the implications of the "IRC Section 465 At-risk" rules when nonrecourse financing is used as a funding source

The Real Deal - Winter 2010

Pandora, a Retail Success Story Bucking the Trend

Baltimore County Master Plan 2020 and Comprehensive Zoning

The Real Deal - Fall 2010

New Green Building Standards Approved for Baltimore City

"ESD to the MEP": Could Your Development Project be Exempt?

2010 Plan Maryland

The Real Deal - Summer 2010

Trinity Assembly of God v. People's Counsel for Baltimore County

Landlord's Remedies for a Tenant's Failure to Pay Rent Under Maryland Law

The Growth Goals of Baltimore County's Master Plan 2020 - Are PUDs the Answer?

Real Estate Assets in Distress - Summer 2009

In Current Economic Climate, Maryland Counties Embrace State Law Tolling Local Development Approvals

Governments Work to Provide Incentives and Mandates for Building Green

Leasing Survival: What You Can Do In A Weak Real Estate Market