Real Estate Taxation

  • Holland & Knight’s Real Estate Taxation Team has extensive experience in interpreting, structuring and negotiating real estate transactions for optimal tax benefits.
  • We have broad knowledge in state and local tax matters and regularly counsel real property owners, investors, REITs and developers.
  • Our team handles all types of real property tax matters, including tax assessment appeals, tax abatements, tax planning and tax litigation, with an aim toward generating maximum tax savings for our clients.

Team Approach Extends Comprehensive Counsel

The foundation of a sound real estate venture is built on informed tax advice. Whether we are representing a multi-national business, real estate owner, developer, or governmental entity, the lawyers at Holland & Knight adapt a team approach to addressing the underlying tax consequences of any real estate matter.

Tax lawyers work in concert with practitioners in various real estate and related specialties (leasing, commercial development, real estate finance, syndication, environmental transactions, energy) to provide comprehensive counsel including representation for:

  • structuring and negotiating real estate transactions for optimal tax benefit
  • addressing state and local tax issues
  • handling your real property tax appeals matters

Transactional and Planning Prowess

Your team at Holland & Knight is committed to interpreting, structuring and negotiating transactions that take advantage of tax benefits and position you for greater after-tax profit. We can assist in the following areas:

  • obtaining favorable capital gains treatment for sales of real estate
  • structuring tax-deferred like-kind exchanges
  • structuring joint ventures or other profit participation arrangements
  • establishing syndications, acquisitions and leasing
  • depreciation and recapture
  • advising on passive activity losses
  • advising on tax issues affecting unrelated business taxable income and real estate operating companies

Focused Representation on State and Local Tax Issues

Since state and local tax regulations and prevailing rules weigh so heavily in your real estate matters, it is critical that your legal team have a broad understanding of laws in varying jurisdictions. Holland & Knight lawyers constantly review the impact of changes across jurisdictions to inform our planning on your behalf. We have advised a range of clients in varying industries: utilities, mineral and agricultural businesses. Our state and local tax work encompasses:

  • real estate tax appeals
  • exemption, classification and valuation of leasehold interests
  • commercial and government-owned properties
  • disputes involving corporate income tax, sales tax and ad valorem property tax
  • documentary/intangible tax matters
  • tax planning
  • securing real property tax exemptions

Excellence in Real Estate Tax Appeals

Experienced lawyers from the firm’s real estate and state and local tax groups, many of whom have a governmental background, provide representation at all stages of the appeal process, including:

  • direct negotiation with the assessor
  • administrative appeals
  • litigation in trial and appellate courts

Solid Documentation

As part of our representation, we review forms required to be filed with the taxing jurisdiction including draft income statements, rent rolls, mixed use forms and schedules of construction costs. These forms are often the basis of future assessments and it is extremely important that they be completed properly.

Broad Assessment Experience

Holland & Knight lawyers have experience in assessment appeals of:

  • office buildings
  • hotels
  • multifamily properties
  • retail properties, including "big box" retailers such as Wal-Mart
  • mixed use and industrial properties

Diverse Client Base

We also work proactively to help various types of clients including both private sector and governmental entities. Our efforts include:

  • maintaining the tax bases of local governments
  • extending tax planning advice to developers during the budget phase of planning new construction projects
  • advising institutional investors and REITs
  • advising privately held entities acquiring real property