Managing Real Estate Tax Considerations

Workflow

1. Profile the tax position

   • Catalog each property's adjusted basis, depreciation recapture exposure (Section 1250 ordinary vs. unrecaptured Section 1250 at 25%), and embedded gain/loss
   • Identify investor-level tax characteristics (ordinary income bracket, NIIT applicability, state residency)

2. Evaluate depreciation optimization

   • Determine whether a cost segregation study would accelerate deductions by reclassifying building components to 5-, 7-, or 15-year lives
   • Quantify bonus depreciation benefit under current phase-down schedule [VERIFY — bonus depreciation percentage changes annually post-TCJA]
   • Flag any Section 179 elections available for qualifying real property improvements

3. Analyze 1031 exchange viability

   • Confirm both relinquished and replacement properties qualify as like-kind (real property held for investment or business use)
   • Map critical deadlines: Day 0 (close of relinquished property), Day 45 (identification deadline), Day 180 (exchange completion)
   • Apply the three-property rule, 200% rule, or 95% rule for identification, selecting the most flexible option
   • Calculate deferred gain, boot received (cash or debt relief), and any taxable portion
   • Assess reverse exchange or improvement exchange structures if timing requires it

4. Assess Qualified Opportunity Zone benefits

   • Verify the capital gain is eligible (realized within 180 days of investment into a QO Fund)
   • Confirm the property/fund meets the 90% asset test and substantially-all requirements
   • Model the three-tier benefit: deferral of original gain until 2026 (or earlier disposition), and exclusion of post-investment appreciation if held 10+ years [VERIFY — legislative updates may alter deferral/exclusion rules]

5. Model REIT-specific considerations (if applicable)

   • Verify the 75% asset test (real estate assets) and 75%/95% income tests
   • Calculate required dividend distributions (minimum 90% of REIT taxable income)
   • Identify prohibited transaction risk on property sales and safe harbor compliance (seven-year hold, etc.)

6. Produce after-tax comparison

   • Build side-by-side scenarios: outright sale vs. 1031 exchange vs. QOZ investment vs. continued hold
   • Include federal capital gains, depreciation recapture, NIIT (3.8%), and state/local taxes [VERIFY — state conformity with federal provisions varies]
   • Present IRR and equity multiple on an after-tax basis for each scenario

Output

• Tax position summary: Per-property table showing basis, accumulated depreciation, embedded gain, and recapture exposure
• Strategy comparison matrix: After-tax IRR, equity multiple, and net proceeds for each disposition/reinvestment scenario
• 1031 exchange timeline (if applicable): Calendar with identification and completion deadlines, intermediary requirements, and boot calculations
• Depreciation optimization memo: Estimated incremental deductions from cost segregation or bonus depreciation, with NPV of tax savings
• QOZ benefit schedule (if applicable): Deferral timeline, projected exclusion value, and compliance milestones
• Risk flags and open items: Jurisdiction-specific issues, pending legislative changes, and items marked [VERIFY]

Quality Checks

• Confirm all gain calculations reconcile: sale price − adjusted basis = total gain; recapture + capital gain = total gain
• Verify 1031 deadlines are calculated from the actual closing date, not the contract date
• Ensure depreciation recapture is split correctly between unrecaptured Section 1250 (25%) and any Section 1245 ordinary recapture
• Cross-check REIT distribution requirements against actual taxable income, not GAAP net income
• Validate that QOZ census tracts are still designated [VERIFY — designations have expiration dates]
• Mark all state-specific tax rates and conformity assumptions with [VERIFY]
• Flag any position that relies on pending legislation or IRS guidance not yet finalized