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Sales Tax Applies to Payments by Tenants for Leasehold Improvements Unless Certain Conditions are Satisfied

June 9, 2014 Sales Tax

A recent ruling by the Florida Department of Revenue indicates when sales tax will be imposed on leasehold improvements required to be made by a tenant pursuant to a commercial lease. In Technical Assistance Advisement 13A-023, the Department concluded that such leasehold improvements would be considered rent subject to sales tax…

A Proposal to Better Protect Capital Gains for Real Estate Investors Before Development

June 2, 2014 Capital Gain Transactions

We have discussed a structuring technique real estate investors use to protect the lower-federal-income-tax-rate-long-term-capital-gain treatment of real estate gains, before property is converted to an active development purpose that creates higher-tax-rate income. The structuring requires property transfers and the use of multiple business entities, which decreases transparency for the government…