BOI Reporting for Real Estate: Determining Beneficial Owners, Monitoring Changes, Actions to Facilitate Compliance

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Tax Preparer
- event Date
Tuesday, June 4, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
110 minutes
-
BARBRI is a NASBA CPE sponsor and this 110-minute webinar is accredited for 2.0 CPE credits.
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BARBRI is an IRS-approved continuing education provider offering certified courses for Enrolled Agents (EA) and Tax Return Preparers (RTRP).
This webinar will comprehensively examine how the new Corporate Transparency Act (CTA) reporting requirements apply to real estate investors. Our panel of veteran real estate professionals will discuss the new reporting requirements as they apply to real estate owners and related entities. The panel will recommend specific actions individuals and entities should take to facilitate compliance with the new cumbersome act.
Faculty

Ms. Bocci works on a range of transactional matters, including purchase and sale agreements, financing, and leasing. Her practice focuses on hotel and resort properties, commercial real estate assets, and agriculture/agribusiness matters. In the agriculture sector, Ms. Bocci has specific experience in matters relating to farmland real estate investments. She handles transactions across the country involving the purchase, sale, leasing and financing of farmland. Further, she is familiar with operational issues specific to the food packing and processing industry, including supply chain and labor arrangements. In addition, she also advises clients on agribusiness-related M&A transactions and regularly speaks and writes on agribusiness topics.

Mr. Hill is a partner in the firm’s Washington, D.C. office. He has over 25 years of experience in a broad array of international trade regulation compliance and enforcement matters, particularly export controls, including the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR), sanctions laws enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), customs and other importation laws, anti-boycott laws, and anti-corruption laws, such as the Foreign Corrupt Practices Act (FCPA). He regularly advises multinational businesses in every context in which compliance with international trade laws may arise, including responding to governmental enforcement actions, preparation of voluntary disclosures and other submissions to governmental authorities, conducting internal investigations of potential violations of international trade laws, as well as ongoing day-to-day compliance matters, such as classification of goods, software, and technology, assessment of the impact of sanctions programs on proposed transactions, and obtaining licenses from relevant government agencies. Mr. Hill also assists clients in conducting internal risk assessments and development and implementation of compliance programs and has conducted targeted training on international trade laws for clients located in a number of countries. As part of his experience, he regularly assists clients in conducting international trade-related diligence on mergers and acquisitions, joint venture partners, and other business partners and intermediaries.

Mr. Feldman is a partner in the firm’s Wilmington office. He practices in the areas of alternative entities and general business, focusing primarily on issues relating to the utilization of Delaware alternative entities, such as limited liability companies, general and limited partnerships, statutory trusts and special purpose corporations, in all types of domestic and cross-border business and commercial transactions. These include mergers and acquisitions, joint ventures, securitizations, structured finance, venture capital, private equity, and hedge funds, master limited partnerships, special purpose/bankruptcy remote entity structures, public and private offerings, limited liability company and trust preferred securities transactions, and Tier 1 capital transactions. He also has extensive experience advising clients on issues relating to the organization, operation, management, governance, dissolution, and winding-up of alternative entities, the duties, fiduciary and otherwise, of general partners, managers, directors, special committees and trustees of such entities, and the structuring and restructuring, including through mergers, conversions, transfers and domestications, of such entities. Mr. Frldman regularly represents financial institutions in a variety of roles in which they serve in financing and secured transactions, including as trustee, indenture trustee, collateral agent, escrow agent, paying agent, and independent manager/director.
Description
Deciphering the reporting requirements of the CTA is challenging for all beneficial owners or potential beneficial owners. This Act's costs and administrative burdens are compounded for real estate investors. Determining who "exercises substantial control" under new and vague guidelines is particularly difficult for ownership structures that are often tiered and influenced by investors. Further, state and federal statutes regulating beneficial ownership may restrict or regulate a contemplated real estate transaction.
Whether real estate is held in an SPE, JV, LLC, or even an HOA, these entities need to take concrete steps to ensure compliance with the CTA, or otherwise, they could be subject to stiff penalties ($500 a day and even imprisonment) for ignoring or being unaware of the new reporting requirements. Additionally, these entities need to understand how the CTA relates to CFIUS, AFIDA, and other real estate beneficial ownership regulations: each of these regimes have penalties for non-compliance. Brokers, agents, developers, property managers, investors, and others must grasp the new beneficial ownership requirements as they apply to real estate investors.
Listen as our panel of real estate transaction attorneys delves into the beneficial ownership reporting requirements for lenders, buyers, and sellers of real estate.
Outline
- Beneficial ownership reporting for real estate: introduction
- CTA:
- Reporting requirements and deadlines
- Exemptions
- Interpreting the requirements for real estate owners
- Determining who must report
- Monitoring changes
- Operating agreement modifications
- CFIUS, AFIDA, and other state regulations
- Recommendations to facilitate compliance
- Future considerations
Benefits
The panel will review these and other critical issues:
- The impact of the CTA on real estate entities and investors
- What beneficial ownership regulations could otherwise impact a real estate transaction
- How best to determine beneficial owners of real estate
- Steps entities should take to facilitate compliance with beneficial ownership regulations
NASBA Details
Learning Objectives
After completing this course, you will be able to:
- Identify specific steps real estate investors and entities should take to facilitate compliance
- Determine penalties that could be imposed for noncompliance
- Decide who is a beneficial owner under the CTA, CFIUS, and AFIDA
- Ascertain how the CTA impacts real estate investors
- Field of Study: Taxes
- Level of Knowledge: Intermediate
- Advance Preparation: None
- Teaching Method: Seminar/Lecture
- Delivery Method: Group-Internet (via computer)
- Attendance Monitoring Method: Attendance is monitored electronically via a participant's PIN and through a series of attendance verification prompts displayed throughout the program
- Prerequisite: Three years+ business or public firm experience preparing complex tax forms and schedules, supervising other preparers or accountants. Specific knowledge and understanding of pass-through taxation, including taxation of partnerships, S corporations and their respective partners and shareholders.

Strafford Publications, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of Accountancy have final authority on the acceptance of individual courses for CPE Credits. Complaints regarding registered sponsons may be submitted to NASBA through its website: www.nasbaregistry.org.

Strafford is an IRS-approved continuing education provider offering certified courses for Enrolled Agents (EA) and Tax Return Preparers (RTRP).
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