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Overview
Maximize Returns and Minimize Risk With LLCs in Real Estate Investments
LLCs are a go-to vehicle for real estate investment - but missteps in entity selection, operating agreements, tax strategy, or deal structure can expose clients to liability and leave money on the table. With the OBBBA permanently restoring 100% bonus depreciation, locking in the §199A deduction, and redesigning the Opportunity Zone program, the planning landscape has shifted. Get fully up to speed and walk away ready to advise with confidence. Register today!
- Stay current on the laws and court rulings reshaping LLC real estate practice.
- Select and structure entities with confidence across a range of investment scenarios.
- Draft operating agreements that hold up - governance, economics, and exit mechanics included.
- Handle leasing, financing, and contracts with the practical skills these deals demand.
- Deploy tax planning strategies like 1031 exchanges and maximizing front-loaded deductions.
Abbreviated Agenda
- Why Use LLCs to Invest in Real Estate?
- Legislative, Case Law, and Regulatory Updates
- Entity Selection and Investment Structuring
- Drafting LLC Operating Agreements
- Leasing Considerations for LLC-Held Investment Properties
- Tax Planning: Strategies for LLC Real Estate Investors
- Financing LLC Real Estate Investments
- Sale and Purchase Contracts for LLC-Held Real Estate
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Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| Alaska CLE |
|
6 Total |
| Alabama CLE |
|
6 Total |
| Arkansas CLE |
|
6 Total |
| Arizona CLE |
|
6 Total |
| California CLE |
|
6 Total |
| Colorado CLE |
|
7 Total |
| Connecticut CLE |
|
6 Total |
| Delaware CLE |
|
6 Total |
| Florida CLE |
|
7 Total |
| Georgia CLE |
|
6 Total |
| Hawaii CLE |
|
6 Total |
| Iowa CLE |
|
6 Total |
| Idaho CLE |
|
6 Total |
| Illinois CLE |
|
6 Total |
| Indiana CLE |
|
6 Total |
| Kansas CLE |
|
7 Total |
| Kentucky CLE |
|
6 Total |
| Louisiana CLE |
|
6 Total |
| Maine CLE |
|
6 Total |
| Minnesota CLE |
|
6 Total |
| Missouri CLE |
|
7.2 Total |
| Northern Mariana Islands CLE |
|
6 Total |
| Montana CLE |
|
6 Total |
| North Carolina CLE |
|
6 Total |
| Nebraska CLE |
|
6 Total |
| New Hampshire CLE |
|
6 Total |
| New Jersey CLE |
|
7.2 Total |
| New Mexico CLE |
|
6 Total |
| Nevada CLE |
|
6 Total |
| New York CLE |
|
7 Total |
| Ohio CLE |
|
6 Total |
| Oklahoma CLE |
|
7 Total |
| Pennsylvania CLE |
|
6 Total |
| Rhode Island CLE |
|
7 Total |
| South Carolina CLE |
|
6 Total |
| Tennessee CLE |
|
6 Total |
| Texas CLE |
|
6 Total |
| Utah CLE |
|
6 Total |
| Virginia CLE |
|
6 Total |
| Vermont CLE |
|
6 Total |
| Washington CLE |
|
6 Total |
| Wisconsin CLE |
|
7 Total |
| West Virginia CLE |
|
7.2 Total |
| Wyoming CLE |
|
6 Total |
| Arizona CPE for Accountants |
|
7 Total |
| New York CPE for Accountants |
|
7 Total |
| Washington CPE for Accountants |
|
7 Total |
| Wisconsin CPE for Accountants |
|
7.2 Total |
| CPE for Accountants/NASBA |
|
7 Total |
Select Jurisdiction
CLE
Other
Agenda
-
Why Use LLCs to Invest in Real Estate?
- Liability Protection, Pass-Through Taxation, and Structural Flexibility: What LLCs Do Best
- LLCs vs. Corporations, Limited Partnerships, and Trusts for Real Estate
- Single-Member, Multi-Member, and Series LLC Configurations
- When Another Entity Type Is the Better Choice
-
Legislative, Case Law, and Regulatory Updates
- OBBBA Overview: Key Provisions and Implications
- Recent Court Decisions Affecting LLC Real Estate Structures
- Regulatory and Agency Guidance Updates
- Multistate Considerations and Jurisdiction-Specific Issues
-
Entity Selection and Investment Structuring
- LLCs vs. LPs, S-Corps, and Other Vehicles
- Deal-by-Deal vs. Portfolio LLCs: Risk Isolation and Scalability
- Series LLCs: Applications, Limitations, and Open Questions
- Multi-State Holdings: Formation Strategy and Foreign Qualification Pitfalls
- Equity Allocation at Formation: Capital Accounts, Ownership, and Carried Interest
-
Drafting LLC Operating Agreements
- Essential Provisions Common Omissions
- Manager-Managed vs. Member-Managed Structures
- Economic Terms: Waterfall Provisions, Preferred Returns, and Distribution Timing
- Member Protections: Transfer Restrictions, Rights of First Refusal, and Buy-Out Triggers
- Deadlock Resolution, Dissolution Triggers, and Exit Planning
-
Leasing Considerations for LLC-Held Investment Properties
- Commercial vs. Residential Leases: How LLC Ownership Changes Things
- Key Provisions: Assignment, Subletting, CAM Reconciliation, and Renewal Rights
- Maintaining the Liability Shield: Landlord Missteps That Expose Members
- NNN, Gross, and Modified Gross Leases: Choosing the Right Structure
-
Tax Planning: Strategies for LLC Real Estate Investors
- 1031 Exchanges: Execution Steps and Errors That Invalidate Deferral
- 100% Bonus Depreciation: Planning Implications of the OBBBA Restoration
- Maximizing Front-Loaded Deductions in the Post-OBBBA Environment
- §199A Made Permanent: Structuring LLCs to Capture the Full QBI Deduction
- Redesigned Opportunity Zones: New Designation Cycles, Rural Fund Incentives, and Updated Basis Rules
- §179 Expensing at $2.5M: Applying the Increased Limit to LLC-Held Property Improvements
- Gain and Loss Characterization, Depreciation Recapture, and OBBBA Interaction
-
Financing LLC Real Estate Investments
- Commercial Loans: Lender Requirements and Deal Implications
- When to Use Personal Guarantees and How to Negotiate Terms
- Bridge, Hard Money, and Private Capital: Alternatives to Conventional Financing
- Joint Ventures and Co-Investment
- How Financing Terms Influence Entity Structure
-
Sale and Purchase Contracts for LLC-Held Real Estate
- The Contract Lifecycle for LLC-Held Property
- Due Diligence Provisions: Scope, Timing, and Walk-Away Rights
- Representations, Warranties, Indemnities, and Survival Periods
- Closing Conditions and Contingencies
- Asset Purchase vs. Entity Acquisition
Who Should Attend
This program is designed for attorneys. Accountants, tax professionals, real estate investors, brokers, property managers, and paralegals may also benefit.
Speakers
Speaker bio
Nathan G. Osborn
is an equity shareholder with Montgomery Little & Soran, PC in Greenwood Village, Colorado. His practice is focused on real estate litigation, real estate transactions, and commercial litigation. Mr. Osborn also helps numerous real estate and medical businesses by acting as their full-service corporate attorney. In addition to his work for clients, he can be hired as an expert witness in cases involving real estate issues. Mr. Osborn is licensed to practice in Colorado and Nebraska.
Speaker bio
Bradford E. Block
is the principal of the Law Offices of Bradford E. Block in Deerfield, Illinois. He has been an attorney for more than 35 years, and practices in the areas of business formation, mergers and acquisitions, not-for-profit organizations, private foundations, equity financing, tax law, and the preparation and negotiation of corporate and technology contracts. Mr. Block has lectured to various professional groups on matters related to limited liability companies, partnerships, business transactions, S-corporations, and tax exempt organizations. He is a former adjunct professor of business planning and partnership law at DePaul University. Mr. Block is also a commercial mediator and a member of the Association of Attorney Mediators. He earned his B.S. degree from the Wharton School of Finance and Commerce at the University of Pennsylvania and his J.D. degree from DePaul University College of Law.
Speaker bio
John T. Banjak
is a principal and serves as general counsel of True Title Company, LLC in St. Louis. He has extensive experience in all facets of the title insurance profession from a legal, title professional and consulting standpoint. Before opening his current company, Mr. Banjak served as president and general counsel for three reputable St. Louis title agencies and as regional underwriting counsel for a national title insurance underwriter. He is licensed to practice law in the state of Missouri, and is a member of the Bar Association of Metropolitan St. Louis. Mr. Banjak earned his B.S. degree from Indiana University and his J.D. degree from Washington University in St. Louis.
Speaker bio
Daniel Larkin
is the managing partner of the Chicago office of Fisher Broyles, LLP, where he focuses on leading cross-border investment and strategic transactions for clients, particularly in the hospitality, real estate, healthcare, fintech, consumer goods and infrastructure areas. His depth of knowledge is in the corporate, commercial, and finance aspects of these matters, but they often involve a full range of employment, regulatory, disputes, tax and other matters. Clients look to Mr. Larkin for the full range of legal, negotiations, business and cultural skills needed to succeed in these undertakings. His experience in business and finance gives him a valuable perspective on the matters and objectives driving transactions. Having spent half his career living and working abroad, Mr. Larkin brings real world perspectives to crossing borders and cultures. His career has come full circle. Mr. Larkin started as an associate in a large law firm, then moved to an in-house counsel role, followed by business executive and corporate finance positions before coming back to the practice of law. His clients appreciate the 360 degree understanding of how large business, finance, governmental and professional organizations work and operate.
Speaker bio
Stuart Anolik
is a partner with Fisher Broyles, LLP where he is a corporate tax attorney with special emphasis on international taxation and risk mitigation strategies. Mr. Anolik has handled client matters involving international investment and finance, intellectual property migration, transfer pricing, infrastructure project finance, mergers and acquisitions, and international taxation. These clients range from start-ups to Fortune 500 companies, on various international securities and transactional matters, including multi-jurisdictional acquisitions and dispositions of business; cross-border joint ventures; and securities transactions and financings for the U.S., European, Asian, and Latin American companies. In addition, he provides consulting services to high-net-worth individuals in regard to estate planning, wealth preservation, and asset protection planning. Mr. Anolik has extensive experience with insurance matters, including captive insurance, where he consults with mid-market closely held businesses (and the family owners) on the advantages of implementing captive insurance scenarios that can provide benefits in such areas as risk mitigation, cost control, and wealth preservation. He is a frequent lecturer and writer on the topic of international taxation, taxation of intellectual property, and captive insurance where he served as an expert witness in several cases dealing with this topic. Before joining Fisher Broyles, he was a Managing Director of a National CPA firm where he headed its international tax practice. Before that, Mr. Anolik was a Shareholder in a national law firm focusing on international tax matters. He earned his B.B.A. degree in public accounting from City University of New York; his J.D. degree from Western New England School of Law; and his LL.M. in taxation from George Washington University, National Law Center. Mr. Anolik is admitted to practice in Maryland and the District of Columbia.
Speaker bio
Seth Cohen
is a partner CohnReznick Advisory LLC providing assurance, due diligence, business advisory, and tax services to commercial and residential real estate developers, general contractors, medical practices, and other closely held business clients. His diverse experience in several industries has provides him with a deep, technical understanding of a wide array of accounting and income tax issues. Mr. Cohen is a certified public accountant. He earned his B.A. degree in accounting from the University of Delaware. Mr. Cohen is a member of the American Institute of Certified Public Accountants and the Virginia Society of Certified Public Accountants.
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