Who Owns And Controls Your Real Estate Entity? FinCEN Wants To Know

Under a final rule (the “Final Rule”) recently issued by the Financial Crimes Enforcement Network (“FinCEN”), beginning January 1, 2024, entities that own and operate U.S. real estate must report their “Beneficial Owners”—the natural persons that ultimately own or control such entities—to FinCEN. The Final Rule’s reporting requirements will impact partnerships, joint ventures, REITs, real estate funds, and other active foreign and domestic investors in U.S. real estate. Existing transactional documentation may not adequately address the […]

By | January 4th, 2023 ||

New Proposed Regulations Would Affect The Taxation Of Foreign Investors In U.S. Real Estate

The Internal Revenue Service (“IRS”) released proposed regulations (REG-100442-22) (“Proposed Regulations”) that provide guidance on how indirect ownership is taken into account for purposes of determining whether a real estate investment trust (“REIT”) is “domestically controlled.” The Proposed Regulations also address the tax treatment of certain sovereign investing entities and modify the definition of “controlled commercial entity” under Section 892 of the Internal Revenue Code. The rules are particularly important for the real estate […]

By | January 2nd, 2023 ||

What Do Real Estate Companies And Executives Need To Do To Prepare For 2023 And The Expected Economic Slowdown?

A few of Greenberg Glusker Real Estate Partners answera key outlook question: What do real estate developers, investors, lenders, owners, and operatorsneed to do to prepare for 2023 and the expected economic slowdown?
CRE INVESTMENT
“Things are all over the map in the current real estate investment environment. In general, I am seeing more activity in both the retail and office sectors over the past months, particularly the retail section.

Buyers with very low costs of capital […]

By | December 27th, 2022 ||