Capital Gains Tax Planning for Real Estate Transactions: Tax Allocations, IRC 338 and 754 Elections, IRC 1031, QOFs
A live 90-minute premium CLE/CPE video webinar with interactive Q&A
This CLE/CPE webinar will provide tax counsel and advisers with a thorough and practical guide to structuring and tax planning strategies specifically for maximizing favorable capital gains tax treatment for real estate transactions. The panel will outline best practices for determining the purchasing entity and review tax planning opportunities to structure the deal and other key tax planning items.
Outline
- Tax implications of buying and selling real estate
- Determining the purchasing entity structure
- Entity vs. asset purchases
- Tax allocations for buyer and seller
- IRC Sections 338 and 754 elections
- 1031 exchanges and QOFs
Benefits
The panel will review these and other key issues:
- What are the tax implications for buyers and sellers in real estate transactions?
- What are the key considerations for determining the appropriate entity structure for purchasing real estate?
- What are the differences and key issues of entity purchases versus asset purchases?
- How do you handle tax allocations for the buyer and seller?
- What are the pros and cons of making a Section 338 or 754 election?
- How can you utilize 1031 exchanges and QOFs, and what are the current tax rules to consider?
Faculty

Michael I. Sanders
Partner
Blank Rome
Mr. Sanders focuses his practice in the area of taxation, particularly in matters affecting partnerships, limited... | Read More
Mr. Sanders focuses his practice in the area of taxation, particularly in matters affecting partnerships, limited liability companies, S-corporations, real estate, tax controversy, and estate planning, including trusts and estates. He also has a large practice in the area of exempt organizations involving healthcare and low-income housing, associations and joint ventures between for-profits and nonprofits, as well as structuring New Markets Tax Credit ("NMTC") and Historic Tax Credit ("HTC") transactions. He is the author of Joint Ventures Involving Tax-Exempt Organizations (3rd Ed., 2007; 4th Ed., 2013) which was recently cited by the majority opinion in the widely covered U.S. Supreme Court decision in Burwell v. Hobby Lobby Stores, Inc. He previously served as an attorney-advisor to the assistant secretary of tax policy at the Office of Tax Legislative Counsel.
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Brian Senie
Partner
Kirkland & Ellis
Mr. Senie advises clients on tax issues arising in real estate transactions and related transactions involving... | Read More
Mr. Senie advises clients on tax issues arising in real estate transactions and related transactions involving partnerships, REITs and qualified opportunity zone funds, including mergers, acquisitions, financings, restructurings and fund formation. He has provided counsel for private equity sponsors, publicly traded corporations and REITs in a variety of sectors ranging from multi-family residential, office and retail to lodging, gaming, healthcare and insurance.
CloseCannot Attend June 11?
Early Discount (through 05/16/25)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. CPE credit is not available on recordings. Strafford will process CLE credit for one person on each recording. All formats include course handouts.