Author Archives: Peter Lindley
Nuts and Bolts of an Internal Revenue Code Section 1031 Like-Kind Exchange
Taxpayers have for decades been utilizing U.S. Internal Revenue Code (the Code) section 1031 to avoid current taxation on the gains from the sale of their investments in real property. The Tax Cuts and Jobs Act of 2017 eliminated the previously available tax benefit of §1031 respective to personal property. Currently, only real property held […]
How Can a Taxpayer Exchange Investment Real Estate in a Tax Deferred Like Kind Exchange for an Interest in a Delaware Statutory Trust?
Preamble to a Section 1031 Like-Kind Exchange Under Section 1031(a) of the U.S. Internal Revenue Code (Code), no gain or loss is recognized on the exchange of real property held for productive use in a trade or business or for investment if such real property is exchanged solely for real property of like kind which […]
WHY YOU NEED AN ATTORNEY TO NEGOTIATE YOUR LETTER OF INTENT
Tough negotiations are a vital part of buying or selling a business. All involved parties will do whatever they can to protect their interests in the deal, and all parties are responsible for taking the necessary steps to protect themselves throughout the purchase and sale process. If you are entering negotiations to buy or sell […]
WILL YOUR BUSINESS’S LEGAL STRUCTURE WORK?
Does your business have a legal structure that will guide ownership through both success and hard times? Closely held businesses are a vital and volatile element of the business landscape. Some new small businesses fail in the first year and many more in the first five years. If you live in an urban area, you […]
Primer on Regulation Crowdfunding – Implementation of Title III of the JOBS Act
Title III of the Jumpstart Our Business Startups Act (the “JOBS Act”), enacted April 5, 2012, established a regulatory structure for startups and small businesses to raise capital through securities offerings using the Internet through crowdfunding. The crowdfunding provisions of the JOBS Act were intended to help provide startups and small businesses with capital by […]
Delaware Statutory Trusts
The Delaware statutory trust is a limited liability vehicle first authorized under Delaware law in 1988. Practitioners and investors may use this entity for tax deferral, asset protection and balance sheet advantages, in contexts such as real estate, securitization and mezzanine financing. Delaware statutory trusts combine the tenet of freedom of contract with the traditions […]