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Minimize Taxes, Maximize Wealth: Understanding Tax Deferral Strategies When Selling Real Estate

Total Credits
2.5 - 3.3
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This CLE course is designed to provide an overview of several important real estate tax strategies, as well as the methods used to compute capital gain tax and depreciation recapture. Understanding taxes is one of the key methods to maximizing the profitability of real estate transactions.

Using a mixture of examples and anecdotes the instructors will talk about the following topics:

  • Understanding the components that go into computing an adjusted basis and how gain tax is computed when a property is sold.
  • An overview of depreciation methods - How depreciation affects the profitability of real estate investments; and how depreciation can create a gain tax when real estate is sold.
  • Primary residence capital gains tax exclusion – Overview of strategies that can be used to benefit investors as well as homeowners.
  • Overview of IRC §1031 tax deferred exchanges.
  • IRC §1033 condemnation exchanges, what they mean to your clients, strategies to maximize their award, and how the rules are different from a 1031 exchange.
  • Understanding installment note treatment and structured installment sales as an alternative to 1031 exchanges.
  • Deferred Sales Trusts – A brand of structured installment sale which gives investors more investment flexibility and options than traditional installment sales.
  • How to accomplish investor goals through creative financing and replacement property acquisitions for IRC §1031 and §1033 exchanges.

Lecturer Bios

Todd R. Pajonas, Esq.

Todd R. Pajonas, Esq., President of Legal 1031 Exchange Services, Inc., is a member of the New York Bar. Todd has been working in the real estate and title insurance industries since 1992. Prior to forming Legal 1031 Exchange Services, Inc. Todd established the Northeast operations for two separate major national qualified intermediaries, founded a national qualified intermediary which was later sold to an investor, and was counsel for two major national title insurance underwriters. Todd focuses on IRC §1031 tax deferred exchanges and other tax deferral strategies. He has received Martindale Hubbell’s prestigious AV rating.

In his position with Legal 1031 Exchange Services, Inc. Todd frequently lectures on IRC §1031 tax deferred exchanges, structured installment sales, Deferred Sales Trusts (DST), cost segregation, title insurance, and other real estate related topics. Todd has lectured extensively for various bar associations, CPA societies, Boards of Realtors, Land Title Associations, and many other civic, real estate, tax, educational and financial organizations. Todd was an instructor at the New York University School of Continuing and Professional Studies where he taught a class on IRC §1031 tax deferred exchanges. He has been quoted in numerous publications including The New York Times, National Real Estate Investor, Small Business Review, Shopping Center Business Magazine, and Registered Rep Magazine. In addition, Todd has been a guest of the Agent’s Corner radio show broadcast on WDRC in Hartford, CT and Talk of the Town with Tom Hill on WATR in Waterbury, CT.

Todd is the author of various legal articles, including Tax Deferred Real Property Exchanges: Do Co-Ops Qualify?, published in the New York Law Journal on August 9, 1999, Vesting and Finance Issues Related to Tax Deferred Exchanges Under IRC §1031, published in the May 2000 issue of the West Real Estate Finance Journal, The Benefits of a Tax Deferred Exchange, published in the September 2001 issue of Aviation Week’s A/C Flyer International, Property Exchanges Defer Taxes, published in the New York Law Journal on November 26, 2001, Reverse Tax Deferred Exchanges of Aircraft, published in the December 2001 issue of Aviation Week’s A/C Flyer International, Why Tax Deferred Exchanges are Good For Your Clients, published in the New York Real Estate Journal on December 31, 2001, Forming an Entity Which Allows Partners Separation While Minimizing Tax Consequences, published in the New York Real Estate Journal on January 29, 2002, Qualified Intermediaries Aid in §1031 Tax Deferred Exchanges - Providing Security, published in the New York Real Estate Journal on March 26, 2002, Taxing Complications: Sorting Out Tax-Deferred Exchanges for Tenants in Common, published in the New York Law Journal on April 10, 2002, Minimizing NY Mortgage Recording Tax, published in the May 2002 issue of the New York Real Estate Journal, Boilerplate Contract Language May Get You in Hot Water, published in the August 19, 2002 issue of the New York Law Journal, Proper Planning Is Important for Deposits, Escrows, and §1031 Tax Deferred Exchanges, published in the April, 2003 issues of the New York and New England Real Estate Journals, IRS Favors New §1031 Tax-Deferral Avenue, published in the New York Law Journal on August 18, 2003, Reporting Primary Residence Sales - The IRS has modified requirements when §1031 exchanges and partial rentals are involved, published in the New York Law Journal on March 12, 2007, Vacation Home Sales as §1031 Exchange - After ‘Moore’ ruling, holding primarily for personal use will nix eligibility, published in the New York Law Journal on August 13, 2007, Vacation Home Exchanges Clarified - The unanticipated implications of Rev. Proc. 2008-16 are broader, published in the New York Law Journal on June 23, 2008 and How Mortgage Disclosure Improvement Act Has Changed Residential Closings, published in the New York Law Journal on September 2, 2009.

Todd received his B.S. degree from Saint John’s University and his J.D. degree from Touro Law School. He is a member of the New York State Bar Association.

Matthew K. Scheriff, CPA

Matthew K. Scheriff, CPA, Executive Vice President and a principal of Legal 1031 Exchange Services is a New York State Certified Public Accountant. Matthew has been working in the real estate industry for over a decade, involved in both corporate and investment real estate services. Matthew has worked for several national Qualified Intermediary firms and is well versed in the structuring of IRC §1031 tax deferred exchange transactions. Matthew has authored numerous articles on the tax deferred process in various legal, accounting and real estate publications.

He frequently lectures on IRC §1031 tax deferred exchanges to attorneys, accountants, realtors, and other real estate and investment advisors. Matthew is currently on the faculty of Lorman Education Services, Manfred Real Estate Learning Center and The Learning Annex.

Prior to his involvement in the 1031 industry, Matthew managed the Real Estate Advisory Group at Geller & Company. His clients included Bloomberg L.P., Dean & DeLuca and Blimpie International Inc. He was also involved with Brookside Properties, Inc., a real estate investment firm, participating in the acquisition of residential and commercial properties in Upper Manhattan and Connecticut.

Matthew received his B.S. degree from Fairfield University

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