Federal Real Estate and Partnerships Tax Conference Agenda 2023

Kathleen Costello, CMP, Assistant Director, NYU School of Professional Studies, New York, NY

Subject to a varying interest rule, the allocations under a partnership agreement can be amend through the original filing date of the tax return, retroactively to the first day of the tax year. However, there is not significant guidance with respect to current year shifts in the appreciation in assets that occurred in a prior year. This session addresses the significant complexity in these types of possible capital shifts and the impact of these concepts on Carried/Promote interests as well as the issues related to the crystallization of existing claims in such appreciation.

Paul H. Wilner, CPA, Partner, Grossberg Company, Bethesda, MD

The presenters consider the management and ownership of a real estate entrepreneur’s assets in ways best attuned to minimizing estate and gift taxes. The discussion includes forms of ownership and real estate entity restructuring, succession concerns, state law issues, and gifting and/or sales techniques that are particularly well-suited for real estate owners as well as methods of providing for the payment of estate taxes in the most cost and tax-efficient manner.

Jeanne L. Newlon, Esq., Partner, Venable, Washington, DC
Douglas L. Siegler, Esq., Partner, Venable, Washington, DC

A panel discussion regarding the basic requirements, recent regulatory updates, and the real world aspects of investments in opportunity zones; as well as recent legislative proposals impacting opportunity zones.

Brian J. O’Connor, Esq., Partner, Venable, Washington, DC
Steven R. Schneider, Esq., Partner, Stroock & Stroock & Lavan, Washington, DC
Paul H. Wilner, CPA, Partner, Grossberg Company, Bethesda, MD

LUNCH SERVED

This session provides an outstanding opportunity for the audience to raise tax questions with a panel of leading experts.

Glenn M. Johnson, Esq., Principal, EY, Washington, DC
Brian J. O’Connor, Esq., Partner, Venable, Washington, DC
Robert D. Schachat, Esq., Managing Director, BDO USA, Washington, DC
Steven R. Schneider, Esq., Partner, Stroock & Stroock & Lavan, Washington, DC
Andrea M. Whiteway, Esq., Principal, EY, Washington, DC
Paul H. Wilner, CPA, Partner, Grossberg Company, Bethesda, MD

This panel discusses the top items of negotiation between joint venture parties as well as the top 10 mistakes the panelists see in partnership agreements. Topics include partnership debt planning, built-in gain allocation negotiations, tax distributions, and audit provisions. The presenters each have decades of experience in negotiating and drafting agreements and are frequent authors and speakers on this topic.

Brian J. O’Connor, Esq., Partner, Venable, Washington, DC
Steven R. Schneider, Esq., Partner, Stroock & Stroock & Lavan, Washington, DC

This panel covers a wide variety of recent developments impacting like-kind exchanges of real property, including related party transactions, leases, parking arrangements within and outside the safe harbor, construction exchanges, partnership split-ups, and refinancing before or after the exchange and foreclosures.

Glenn M. Johnson, Esq., Principal, EY, Washington, DC
Robert D. Schachat, Esq., Managing Director, BDO USA, Washington, DC

This presentation covers the issues associated with troubled businesses and debt restructuring/workouts with a focus on partnerships and real estate.

James B. Sowell, Esq., Principal, KPMG, Washington, DC

Join your fellow attendees for an opportunity to meet the speakers and to network with tax practitioners and industry executives from around the country.

The Section 752 partnership liability allocation rules present planning opportunities; this presentation explores the regulations and transactions, and cases in which the Section 752 regulations apply.

Andrea M. Whiteway, Esq., Principal, EY, Washington, DC

An overview of recent and pending developments in partnership and real estate taxation from the government perspective. This is an opportunity to hear firsthand the views of key government officials about what’s important, why it’s important, and what the government is doing about it.

Adrienne M. Mikolashek, Esq., Deputy Associate Chief Counsel (Passthroughs and Special Industries), Internal Revenue Service, Washington, DC
Sarah Haradon, Esq., Attorney-Advisor, Office of Tax Policy, US Department of the Treasury, Washington, DC

The Inflation Reduction Act of 2022 has numerous tax incentives for clean energy and energy efficiency. This presentation focuses on some of the incentives that may benefit the real estate industry, including investment and production tax credits (and bonus credits for certain locations) and the energy efficient commercial property deduction, as well as new transferability provisions.

Jeffrey G. Davis, Esq., Partner, White & Case, Washington, DC
Adam S. Feuerstein, Esq., Principal, PricewaterhouseCoopers, Washington, DC

Lunch Served

This presentation focuses on current key national public policy issues and legislative actions under consideration as they affect the real estate industry as well as the overall economy.

Ryan P. McCormick, Esq., Senior Vice President and Counsel, The Real Estate Roundtable, Washington, DC

This presentation discusses how to structure foreign investment in US real estate, joint ventures with offshore investors, debt versus equity structures and withholding requirements and traps.

David L. Friedline, Esq., Partner Deloitte Tax, New York, NY
Michael Hirschfeld, Esq., Managing Director, Andersen Tax, New York, NY

This panel focuses on when a lease is treated as a sale or financing for income tax purposes, including a discussion of sale-leasebacks involving ground leases and leases for a term that equals or exceeds the economic useful life of the leased property. In addition, this panel covers the timing of income and deductions under section 467 when implementing such structures.

David L. Friedline, Esq., Partner Deloitte Tax, New York, NY
Glenn M. Johnson, Esq., Principal, EY, Washington, DC
Robert D. Schachat, Esq., Managing Director, BDO USA, Washington, DC