James Brennan's (jamesbrennan2) Blog

Services for Real Estate Pros - ES Group
Though it may seem unlikely, there is an area of commercial real estate which is actually flowering. Headed by companies such as Passco, Inland, and American Realty Capital, “syndication” is becoming a widely popular financing and investment vehicle. Syndication takes advantage of Delaware Statut...
Many know that the estate tax expired in 2010; however, unless you are fortunate enough to die this year, this expiration will mean nothing. What most stakeholders are banking on is lawmaking that may never happen. Without replacement legislation, the estate tax will make a vigorous return in 20...
In response to the recent wave of 1031 exchange fraud, highlighted by the Landamerica case, Virginia has enacted a law which it hopes will better protect the integrity of 1031 transactions. Key to the new bill is the establishment of the three requirements, all of which are already standard prac...
When in the course of the 1031 tax exchange, it becomes necessary for one party (that of the exchanger) to notify the federal government of its activities, IRS Form 8824 is required. Its purpose is two fold: 1). Ensure the IRS is notified of the exchange in the tax year "in which the first relinq...
Starting in 2010, the existing income test for converting a traditional IRA to a Roth IRA that kept many commercial real estate investors from ever contemplating a Roth IRA no longer applies. Singles making more than $95K and couples making more than $150K are now eligible for this tax friendly p...
Back in November, I was interviewed for the December issue of Shopping Center Business, in a segment entitled "1031 Slowdown". It was an appropriate title at the time, for 1031's had indeed decreased, however, today this may not be such an accurate description. Since January 1st ES Group and our...
The Section 1031 "like-kind" exchange is a legal tool utilized by many investors to upgrade their real estate holdings while deferring taxation. Theoretically, investors can exchange properties indefinitely without incurring capital gains tax. However, complications can arise when these investme...
For this weeks blog I interviewed Telly Fathaly, Vice President at Sterling Real Estate Capital.  1.)  Hi Telly can you tell us a little about yourself and Sterling? Thank you for this platform to communicate with your readers.  Sterling Real Estate Capital, LLC is a Private Equity Advisory Firm ...
The Benefits of Oil and Gas Royalties: In the past three months Exchange Solutions Group has been witness to a most interesting and ingenious trend.  A group of savvy local real estate investors, who owned fully depreciated rental property (Adjusted Basis of practically Zero), desired to defer Ca...
General Growth's bankruptcy shakes the foundations of the commercial real estate market, and the financing documents that hold it up. The bankruptcy plot touches on a wide range of issues, from the sacredness of corporate entities to director independence to the prevalence of Delaware entities. ...

James Brennan

JD/LLM, 1031 Exchanges
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