Fishman, Block + Diamond, LLP

Real Estate Planning

Services > Real Estate Planning
Real Estate– Beyond Buying and Selling

For more than 40 years, we have committed a significant portion of our professional resources and talents to help our clients succeed and prosper through economic cycles and changes in the real estate industry.

Whether you are a real estate entrepreneur, a sponsor, a developer, an investor, or a real estate private equity fund, we can help you – from choosing the right entity, formulating the operating agreement, partnership division and redemption, to structuring 1031 exchanges with sophisticated tax strategies and wealth transfer planning. With the amount of experience and knowledge our team holds, we are confident of earning your trust and of growing with you for years to come.

Real Estate– Beyond Buying and Selling
Structuring real estate investments including the following:
  • Choice of entity
  • Form and structure of operating agreement
  • Structuring splits with investors and determining market fees
  • Content and preparation of PPM’s
  • Tax provisions in the operating agreement
  • Planning for foreign investors including withholding issues and use of US Blocker corporations
  • Maximizing deferral strategies by waving acquisition, management and disposition fees and converting to contingent profits interest
  • Multi-generational wealth transfer planning including structure of the operating agreement to provide protection for future generations and maintain operating control, and creating irrevocable trusts
Percentage of completion and completed contract accounting
Structuring 1031 exchanges including sophisticated strategies to allow some members to cash out in a manner that will be respected by the taxing authorities
Referral network of tax and transactional lawyers and competent, trustworthy 1031 accommodators
Reviewing and advising on tenant improvements and capital expenditures to maximize depreciation including first year bonus depreciation and section 179
Setting repair and maintenance expense policies
Guidance and planning regarding opportunity zones
Planning and help regarding charitable donations of real property including use of charitable lead trusts and gifts to donor advised funds
Planning and help regarding partnership divisions and redemptions
Multi-State tax planning and compliance including use of composite returns and withholding waivers
Planning and help regarding condemnations and replacement properties
Use of the applicable code sections to take advantage of debt forgiveness income avoidance
Effective application of the new interest limitations under code section 163(j)
Maximizing new code section 199A – 20% pass-through deduction
Preparing Certified audits of real estate entities for lenders and investors including institutional investors
Advice and recommendations regarding installing adequate internal accounting controls as well as computer security safeguards
Recruiting bookkeepers, controllers, and CFOs including testing and interviewing candidates
Designing incentive compensation and profits interests for key employees to make sure the employer and employee’s interests are aligned
Development of internal monthly and annual reports
Implementation and selection of vertical market accounting software
Selecting appropriate format of investor reporting and applicable, important metrics (i.e. cash on cash returns, Internal rate of return, etc.)
Structuring leases to maximize depreciation write-offs for tenant improvement allowances
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