“Entity transfers” are often used in commercial real estate transactions for the tax benefits they can confer on the parties to the transaction. In the typical “entity transfer” arrangement, title to real property being sold is first transferred from the current owner to a newly organized subsidiary entity, and then ownership of the subsidiary entity, rather than the title to the real property, is sold to the purchaser. These types of “entity transfers” have recently been targeted by the Ohio County Auditor’s Association.

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John L. Campbell and Ann M. Seller recently returned from Sydney, Australia, where they collaborated with Australian firm Hall & Wilcox to present on tax issues that affect U.S. persons and Australians investing in the U.S. See the attached link for a Hall & Willcox summary of some of the potential issues:

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