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Real Property Sale Proceeds Must Be Paid First to Unavoided Portion of IRS Tax Lien Image

Real Property Sale Proceeds Must Be Paid First to Unavoided Portion of IRS Tax Lien

Andrew C. Kassner & Joseph N. Argentina Jr.

Given the downward pressure on commercial real estate valuations in many areas, and the increasing likelihood that owners of real property will cease paying real property taxes when there is no longer any equity, we decided to report on a recent decision issued by the Ninth Circuit that reversed a decision of the bankruptcy court allocating the distribution of the proceeds of a sale of real property pro rata between the IRS, on account of its tax lien, and the bankruptcy estate.

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Leveraging Qualified Opportunity Funds to Minimize Tax Liability Image

Leveraging Qualified Opportunity Funds to Minimize Tax Liability

David S. Cohen & Liam T. Krahe

As the year winds down, savvy real estate investors are searching for ways to minimize their tax liability. One powerful strategy to consider is the qualified opportunity fund (QOF), offering significant tax advantages while promoting long-term growth.

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Tax Treatment of Judgments and Settlements Image

Tax Treatment of Judgments and Settlements

Douglas Eisenberg

Counsel should include in its analysis of a case the taxability of the anticipated and sought after damages as the tax effect could be substantial.

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Eligibility and Tax Impact of ERC Refunds Image

Eligibility and Tax Impact of ERC Refunds

Jerrika Anderson

As the IRS continues its efforts to combat fraud and streamline processing, businesses that have legitimately qualified for the ERC should stay informed about developments and take appropriate actions to secure their refunds. The landscape of ERC claims is evolving, and staying proactive will be key to successfully navigating the remaining challenges.

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IRS Seeks to Regulate Partnership Basis Adjustments Image

IRS Seeks to Regulate Partnership Basis Adjustments

Ezra Dyckman & Charles S. Nelson

The proposed regulations would disallow basis adjustments in many non-abusive scenarios where those basis adjustments are necessary to achieve tax results that correspond to economic reality.

Features

The Case for Building a Documentation Plan On Business Owner Compensation Image

The Case for Building a Documentation Plan On Business Owner Compensation

Jeffrey A. Galant

Business owners, among their numerous tasks, should seek to minimize income taxes as they would any other expense, of course accommodating to the extent necessary the needs of their business. In this regard, building a documentary record to support the various tax positions being taken may preserve an income tax deduction that otherwise would be lost

Features

IRS Keeps Hold On Employee Retention Credit Claims to Protect Small Businesses from Fraud Image

IRS Keeps Hold On Employee Retention Credit Claims to Protect Small Businesses from Fraud

Julie Potts

While the IRS has new ERC claims on pause and works to investigate possible fraud, business owners still have the opportunity to protect themselves from potential civil and criminal penalties.

Features

Cost Segregation: Don't Overlook This Valuable Real Estate Tax Strategy Image

Cost Segregation: Don't Overlook This Valuable Real Estate Tax Strategy

Louis Guay

Whether acquiring, constructing, or remodeling a real estate property, cost segregation remains one of the most powerful strategies to simultaneously optimize cash flow and taxes.

Features

When Is A Real Estate Instrument Filing Fee An Unauthorized Tax? Image

When Is A Real Estate Instrument Filing Fee An Unauthorized Tax?

Cameron Macdonald

Litigation pending in the Suffolk County Supreme Court is challenging fees charged for tax map verifications on real estate instruments filed with the county clerk as unauthorized taxes.

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Is A Real Estate Instrument Filing Fee An Unauthorized Tax? Image

Is A Real Estate Instrument Filing Fee An Unauthorized Tax?

Cameron Macdonald

Local governments have significant leeway to charge fees for services they provide their residents. But fee revenue sources can be attractive options for those local governments needing to fill budget gaps without raising taxes.

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