Real Estate

We Represent Boston Real Estate Investors and Other Clients in Contract, Tax and Related Matters

Real estate transactions present a variety of complicated legal issues. From ensuring that your sale, lease or construction agreement provides adequate protections to mitigating state and federal income tax liability, there are various aspects of both residential and commercial real estate transactions that require strategic planning based on the advice of an experienced Boston tax attorney.

At Thorn Law Group, we represent real estate owners and all parties to real property transactions with respect to risk mitigation and tax compliance. Managing Partner Kevin E. Thorn offers a broad range of services, and he and his team serve as outside general counsel to many of our clients. Whether you are a long-time owner and you are seeking to sell or reduce your tax burden, you are a lender or broker and you have questions about liability or compliance, you own a building or construction company, or you are a prospective purchaser or tenant, we can help you move forward.

Real Estate Lending

For mortgage banks and commercial real estate lenders, we offer full-service transactional and compliance representation. Our attorneys are available to provide representation on an ongoing basis, assisting with matters including (but not limited to) borrower due diligence, contract drafting and negotiation, regulatory compliance, and tax planning.

Real Estate Brokerage and Professional Services

We also offer full-service legal representation to Boston-area real estate brokerage firms and other professional services providers. Our attorneys represent engineers, architects, accountants, lawyers, surveyors, appraisers and other professionals in business and personal tax matters, and we are available to assist with other business and personal legal matters as well.

Execution of Section 1031 Tax-Free Exchanges

In appropriate circumstances, executing a tax-free exchange under Section 1031 of the Internal Revenue Code can provide substantial tax savings to real estate investors. While a 1031 exchange technically results in a deferral of tax liability, with strategic planning it is possible to realize tax benefits indefinitely. Our Boston tax attorneys are intimately familiar with the requirements for 1031 exchange eligibility, and we routinely advise real estate clients on tax deferral, mitigation and avoidance strategies.

Massachusetts law provides specific directives with regard to real estate investment trusts and other entities:

REIT income is treated generally the same under Massachusetts law as under federal law, with most income subject to single level taxation at the recipient level. Taxpayer recipients of REIT distributions (shareholders) cannot deduct the distributions from their corporate and financial institutions excise returns as dividends received.

Thorn Law Group will address all contract and tax-related real estate issues

Formation of REITs and Real Estate Holding Companies

We assist our clients in selecting appropriate business entities to hold their real estate assets in light of the particular legal, tax and practical considerations at hand. We also assist with all aspects of forming real estate investment trusts (REITs) and other entities in Massachusetts and other tax-advantaged jurisdictions around the country. This includes preparing the organizational documents, negotiating the owners’ agreement, and completing all necessary state and local filings.

Real Property Transactional Due Diligence

When buying a parcel of real estate, making an informed decision requires the careful assessment of a variety of different issues. In many circumstances, sellers need to make informed decisions regarding their selection of purchasers as well. We represent all parties to high-value real estate transactions in all aspects of due diligence, from researching property-related concerns to assessing counterparties’ financial standing.

Zoning and Land Use Matters

In Boston and other areas around Massachusetts, real estate acquisitions and development projects will often entail a variety of zoning and land use matters. Our attorneys are able to assist with these types of matters as well, including securing variances, entitlements and approvals; negotiating easements and rights of way; and disputing regulatory denials.

About Our Real Estate Transactions Practice

Our tax and real estate attorneys have extensive experience representing parties before, during and after real property transactions. With offices in Boston, we represent property owners, purchasers, lenders, brokers, developers, builders, and other clients throughout Massachusetts in matters including:

Negotiation of Purchase, Sale, Leasing, Financing and Construction Agreements

When the decision is made to move forward, executing the transaction requires a well-drafted and strategically-negotiated agreement. Our lawyers are skilled contract drafters and negotiators, and we represent parties to purchase, sale, leasing, financing, construction and other real estate contracts. When necessary, we also assist our clients in resolving disputes involving contingencies and other contract-related issues prior to and after closing.

Real Property Tax Assessment Appeals and Tax Controversies

Real property taxes can add substantially to the cost of ownership, but it will often be possible to challenge tax assessments in order to reduce property owners’ tax burdens. We represent residential and commercial property owners in real estate tax assessment appeals and other tax controversies at the local, state and federal levels. In many cases, we are able to achieve significant tax savings for our clients, opening up cash flow for development and other investment opportunities.

State and Federal Income Tax Planning

Regardless of your company’s posture in a real estate transaction, there are financial benefits to be realized through effective income tax planning. As tax lawyers, we represent our clients with regard to tax planning not only in relation to their isolated real estate transactions, but also in relation to their other business activities. We represent individuals with regard to state and federal income tax planning as well, and our lawyers have extensive experience in the area of offshore tax compliance as well.

State and Federal Tax Audits, Investigations and Appeals

We also regularly represent clients in state and federal tax audits, investigations and appeals. Our tax lawyers are intimately familiar with the substantive and procedural laws that apply, and we are able to rely on deep insights gained from prior experience to strategically advise our clients. We handle civil and criminal matters involving the Massachusetts Department of Revenue (DOR), the Internal Revenue Service (IRS) and other agencies, and we have vast experience in appeals at the administrative and trial court levels.

Contact Boston Tax and Real Estate Lawyer Kevin E. Thorn at Thorn Law Group

For more information about our firm’s legal representation for tax, contract and other real estate-related matters in Massachusetts, please contact us to schedule an initial consultation. We will be happy to discuss your needs and develop a strategy for moving forward. To speak with Kevin E. Thorn, Managing Partner at Thorn Law Group, in confidence, email us at ket@thornlawgroup, call 617-692-2989 or inquire online today. Visit our Boston office at 10 Post Office Square, 8th Floor, Boston, MA 02109.

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Experienced Tax Attorneys

Call Us Confidentially Now: 617-692-2989