HEIN & ASSOCIATES LLP HEIN & ASSOCIATES LLP3rd Quarter, 2010
HEIN & ASSOCIATES LLP
HEIN & ASSOCIATES LLP
HEIN & ASSOCIATES LLP HEIN & ASSOCIATES LLP
from the Editor
HEIN & ASSOCIATES LLPWith summer heating up, there have been some recent incidents in the real estate, construction and development industries. Our first article looks at the tax incentives available for green building, for commercial developers, apartment and condominium developers, and energy credits, in general. Next, we look at the new legislation regarding taxation of carried interests. Then, we discuss tax-free exchanges, including qualified intermediaries. Finally, we discuss the American Jobs and Closing Tax Loopholes Act, especially as it relates to S Corporations. If you have any questions, comments, or concerns, please do not hesitate to contact me.

Mira Finé is the National Director of the Real Estate, Construction, and Development Practice Area and National Tax Director at HEIN & ASSOCIATES LLP. She can be reached at 303.298.9600 or mfine@heincpa.com. Read her bio here.


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Green Building Update
By Lori Mettille, CPA, Senior Tax Manager, Dallas

For the past several years the hottest topics in the construction and real estate development areas have involved green building and obtaining the various certifications and tax benefits available to those who engage in green projects. Indeed, some developers have been pleasantly surprised to find that they qualify for some of the available tax deductions and credits.

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New Legislation - Taxation of "Carried Interests:" The American Jobs and Closing Tax Loopholes Act
By Tracy L. Fenwick, CPA, Senior Tax Manager, Dallas

Most real estate investments are long-term investments. A parcel of real estate is purchased and developed, then operated with owner/investors looking to the continuing income stream for a return on their invested dollars. Often, the individual or group organizes the venture by bringing all of the parts together (investor dollars, financing, planning and development) receives a "carried interest" as compensation for the effort. A carried interest, also known as a promote or promoted interest, may be defined as a financial interest in the long-term capital gain from a development to the general partner (developer or organizer) by the other investors (typically, limited partners). The carried interest is a "reward" for the general partner for the risks taken during development.

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Tax-Free Exchanges
By Mira J. Finé, CPA, National Director of Real Estate Practice Area, Denver

With all the proposed legislative activity underway, it seems that developments in tax-free exchanges of real property have slowed a bit. However, federal investigations of failed qualified intermediaries (QI) are continuing. The following is a list of due diligence, or "buyer beware" items an investor should examine before entering into an arrangement with a QI.

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A Final Item from the American Jobs and Closing Loopholes Act
By Sonja Quaschnick, CPA, CCIFP, Senior Tax Manager

The IRS wants to close a loophole with S Corporations and expects to raise $9.618 billion in the process. Currently S Corporation owners pay themselves a salary (subject to payroll taxes) and the remaining income is not subject to payroll taxes. The IRS is targeting the S Corporation owners who pay themselves a relatively small salary. For S Corporation owners engaged in professional service businesses (with 3 or fewer primary individuals) or S Corporation partners in professional service businesses, the Act would require the owners of the S Corporation to pay payroll taxes on their entire earnings from the business.
Real Estate, Construction, & Development Industry Insight is produced and distributed by HEIN & ASSOCIATES LLP as a service to our clients and friends and does not constitute legal or financial consulting advice. Please share this report with associates; we will be happy to add them to our mailing list. Also, we welcome your comments! Please let us know if there is a topic you would like to see addressed in an upcoming issue. www.heincpa.com