Structuring Ownership in Commercial Real Estate  
STRUCTURING OWNERSHIP IN COMMERCIAL REAL ESTATE
(7 hours, Real Estate Legal Issues)

The many different types of ownership available in commercial real estate and their implications are covered in this course.  Issues addressed include liability, taxes, regulations, set up and management, as well as the benefits and drawbacks to each.
TIME
CONTENT
LEARNING OBJECTIVES
After this segment, the student will be able to:
40 min
Partnerships and limited liability partnerships (LLP's)
Examine the liability issues (unlimited liability) and the tax issues (pass through taxation) as they pertain to partnerships and differentiate between partnerships and limited liability partnerships (LLP's).
30 min
Limited partnerships
Examine the liability issues (unlimited for general partners, limited for limited partners) and the tax issues (pass through taxation) as they pertain to limited partnerships.
30 min
Formation of limited partnerships
Outline the articles of the Uniform Limited Partnership Act and summarize how they affect the formation of limited partnerships.
40 min
Formation of corporations
Analyze the steps that must be followed when forming a corporation.
20 min
Regular or "C" corporations
Define double taxation and explain how it applies to "C" corporations.
20 min
Subchapter "S" corporations
Distinguish between "S" corporations and "C" corporations and summarize the restrictions "S" corporations must meet to qualify for pass through taxation.
20 min
Characteristics of limited liability companies (LLC's)
Compare limited liability companies to other entities in terms of liability, tax angles and terminology.
30 min
Real Estate Investment Trusts (REIT's)
Explain the criteria that REIT's must meet to qualify for pass through taxation.
30 min
1986 Tax Reform Act
Evaluate the changes that occurred with the 1986 Tax Reform Act and how they impacted tax shelters in the real estate market.
30 min
Securities issues in real estate
Review some securities issues in the real estate market and illustrate with examples.
30 min
Public offerings of securities and exemptions from registering for public sale
Determine the preparations and ramifications of "going public" and examine the exemptions from registering for public sale (SEC Regulation D sections 506, 505, and 504).
20 min
Foreign business entities in United States real estate
Examine the issues related to foreign involvement in real estate in the Unites States.
20 min
Foreign Investment in Real Property Tax Act (FIRPTA)
Analyze how the IRS captures taxes when dealing with a foreign investor.