LLCs, Nominee Trusts & Other Real Estate Holding Entities

Tax issues, limiting the personal liability of clients, asset protection, with or without bankruptcy, and exit strategies are usually the predominant considerations when forming a legal entity to own or manage real estate. The advent of limited liability companies has greatly simplified the process and practitioners should be aware of the many legal and tax advantages that the LLC format offers for real estate ventures. Moreover, owners of real estate or operators of real estate ventures frequently form limited partnerships, corporations, trusts, or other entities.

Learn about the basic tax, bankruptcy, debtor-creditor, and other legal issues involved in forming and operating a real estate holding entity. The panel discusses how to choose the most appropriate vehicle for a new real estate venture, how to deal with tax and other issues involving real estate ventures that have been formed as entities other than LLCs, and how and when conversion of an entity into an LLC or other entity may be an option to consider. The faculty explains the legal, bankruptcy, debtor-creditor, and tax issues involved in conducting real estate ventures through nominee trusts, general partnerships, limited partnerships, single member LLCs, corporations, and business trusts-as well as the documentation and supporting materials required from a title insurer's perspective when utilizing each entity.