Using Delaware Statutory Trusts in Real Estate Investments: Opportunities and Legal Risks

Mr. Hannon, attorney and certified public accountant, concentrates his practice on providing advice and counsel to clients on the use of various tax-savings structures in a variety of real estate matters. He has worked with clients in providing advice on tax-driven structures involving real estate located throughout the United States. His practice ranges from joint ventures for real estate development projects to projects that include investment in U.S. real estate by foreign investors and tax-exempt entities. Mr. Hannon has an in-depth understanding of regulations, including Section 1031 of the Internal Revenue Code and Delaware Statutory Trusts (DST) and tenant common structures to facilitate the like-kind exchange process. He is co-leader of Polsinelli’s DST working group and has advised various real estate companies on the use of the Delaware Statutory Trusts structure to raise co-investment capital.

Mr. Lobie has broad, but deep, tax law knowledge, and assists clients with tax planning, structuring, controversy, and litigation matters. He has extensive experience advising clients, including for-profit, nonprofit, and tax-exempt clients that range from Fortune 500 companies to universities, on the tax and corporate considerations that are relevant to entity choice, acquisitions, business combinations, dispositions, and operational issues. Mr. Lobie also represents clients before the US Circuit Courts, the US Tax Court, various state tax courts, the Internal Revenue Service, and other state and local tax authorities on a variety of litigation and controversy matters.