Polsinelli’s Tax attorneys bring extensive experience advising on tax issues in real estate transactions, from fund formation to planning for foreign investments and negotiating tax provisions in joint ventures.

We regularly counsel on development funds seeking qualified opportunity zone fund treatment and advise on Delaware Statutory Trust (DST) structures, whether for traditional like-kind exchange offerings or innovative capital-raising by existing funds. Working alongside Polsinelli’s national real estate practice, we provide tax planning across transactions nationwide.

Real Estate Tax Planning for Funds, Joint Ventures and Foreign Investment

We deliver integrated tax planning across real estate funds, joint ventures and cross-border investments, structuring transactions to preserve tax efficiency and support long-term value.

• Tax Planning for Real Estate Funds: Tax planning is central to fund formation. Our attorneys collaborate with fund practice members to design structures that optimize tax benefits, maximize capital gain treatment for sponsor affiliates and draft tax provisions that avoid income acceleration. We are deeply involved throughout the formation process to ensure tax efficiency.
• Tax Planning for Foreign Investment in U.S. Real Estate: We advise U.S. real estate funds and foreign investors on structuring tax-advantaged investments in U.S. projects. This includes strategies involving leveraged blocker corporations, REITs and portfolio interest rules to benefit foreign funds, high-net-worth individuals and other investors outside the U.S.
• Tax Planning for Real Estate Joint Ventures: In joint ventures, allocation of tax benefits is often critical to success. Our team has significant experience with the complex U.S. income tax rules governing LLCs, LPs, statutory trusts and other flow-through entities commonly used in real estate ventures. We also assist with structuring dispositions, as well as tax-advantaged strategies for joint venture partner buyouts.
• Like-Kind Exchanges: Representing clients in complex like kind exchange transactions including transactions raising capital from like-kind exchange investors through DSTs.