Archive for May, 2010

Real Estate Transfer Taxes – Why You Should be Concerned About Them

Tuesday, May 25th, 2010

What can be done to minimize real estate transfer taxes (RETT) on hospitality acquisitions? Many believe that these taxes are a fixed cost and do not realize that they can often be minimized through a program of careful, proactive and prudent planning.

Paradigm’s Hospitality Group can assist companies to minimize the RETT through a sound objective methodology that has prevailed against the scrutiny of government authorities. This methodology includes ensuring that the transfer tax base includes only those amounts that are subject to the tax and nothing more. Paradigm’s Hospitality Group has already assisted clients to obtain transfer tax refunds amounting to several hundred thousand dollars from high tax states.

Some recent examples of tax refunds obtained by our clients include:

Resort Hotel: $262,000

Full Service Hotel: $250,000

Full Service Hotel: $107,000

Go here to view the full article to learn more…

$24M Portfolio of Nine Hotel Loans Hits Market

Friday, May 21st, 2010

According to GlobeSt.com, a Southern California lender has tapped Atlas Hospitality Group to market a portfolio of nine sub-performing loans secured by six hotels in California and three in other states totaling 806 rooms with a total portfolio loan balance of nearly $23.8 million. The assignment of this firm could be one of the first indications that lenders are beginning to take action on some languisihing loans that have been on their balance sheets for some time.

The loans were all financed between 2005 and 2009, at rates generally ranging from 7.5% to 8%. No notices of default have been filed on the loans, but they are probably classified in technical default, either operating under modified payment plans or producing cash flow that is below certain debt-coverage ratios. The Lender will consider offers for the full portfolio or for individual loans.

Read the full article from GlobeSt.com by clicking here.

U.S. Lawmakers Introduce Legislation to Boost Tax on Carried Interest

Friday, May 21st, 2010

According to the International Council of Shopping Centers (ICSC), “U.S. lawmakers introduced legislation yesterday that would increase taxes on the percent of the profits investors collect from the deals their firms complete. The proposals to increase taxes on so-called “carried interest” are part a of larger attempt to reform the U.S. financial sector, but could end up hurting the commercial real estate industry just as it is trying to emerge from the worst recession for decades.”

This is terrible timing considering the state that the industry is currently in. A tax burden like this would be devastating at a moment when the retail real estate industry is recovering after the recession. The house vote for the issue is due on May 24, while the senate vote is scheduled for May 28.

Read the full article from the ICSC here.

Groundbreaking California Action Settlement

Monday, May 17th, 2010

Action Settlement in Roger Bacon, et al. v. County of Los Angeles, et al., Case No BS058574

A recent groundbreaking action settlement for the County of Los Angeles will have a major affect on taxpayers who did not receive interest owed to them dating back as far as 17 years.

The County of Los Angeles will pay affected taxpayers the interest not paid to them at the time of their property tax refunds, and prejudgment interest on these amounts, with such payments being made to any taxpayer who between March 1, 1993, to the present received a property tax refund which did not include the proper amount of interest, and who submits a Claim Form confirming that they are the owner of the property at the time the refund was issued. The County will also change its practices, effective June of 2007, and begin calculating interest on refunds of personal property assessments from the date of the first installment of property taxes rather than the second installment.

Details of the settlement can be found at: http://www.losangelescountypropertytaxrefundsettlement.com/

Retail Real Estate Stabilizes After Hitting Low Point

Monday, May 10th, 2010

Retail vacancies in the greater Boston, Massachusetts area have hit their highest levels in over a decade at regional malls, big boxes and strip centers. According to Steve Adams of  The Patriot Ledger, The sharp two-year downturn has roiled one of the nation’s most stable retail markets, forcing malls to recruit local tenants, scuttling plans for new centers and slowing the opening of others. The worst of the shakeout appears to be over, but little new construction is expected for at least two years.

The retail vacancy rate in eastern Massachusetts rose to 9.7 percent as of March 1, according to a survey of commercial real estate in 189 communities by KeyPoint Partners of Burlington. It’s the highest vacancy rate since the real estate company began tracking the market in the mid-1990s.

While headlines have focused on big box bankruptcies such as Circuit City, neighborhood shopping centers have been among the hardest-hit properties. Stores under 10,000 square feet – which comprise more than a fifth of the region’s retail space – have a 14 percent vacancy rate.

Read the full article from The Patriot Ledger here.

Assessment Appeal Dates for all CA County’s set for 2010

Thursday, May 6th, 2010

The assessment appeal board and board of equalization for every California county have finalized the real estate assessment appeals filing deadline for 2010. The full list published by the California State Board of Equalization can be found here.

Twelve counties are required to appeal by the September 15, 2010 deadline while the remaining 46 CA counties have until November 30, 2010. The appeal filing period begins on July 2, 2010 and no annual assessment appeals can be accepted before then.

Signs of Stability in Vornado

Wednesday, May 5th, 2010

 National office landlords grappled with falling rents and rising vacancies in the first quarter of 2010 but have reported signs of stabilization in their ailing markets. Aside from this, according to A.D. Pruitt of The Wall Street Jornal in the article, “Signs of Stability in Vornado,” Vornado Realty Trust, one of the country’s largest office-building owners, reported a .06% decline in office occupancy from a year earlier.

Vornado’s office rents, in New York especially, have continued to fall. Leases signed in the 1st quarter of 2010 were for 8.2% less than the previous in-place rents. Washington DC, on the contrary, saw leases signed in the first quarter being 10.8% higher than the in-place rents.

Vornado is just the latest office landlord to report mixed results as they face the worst economic downturn in decades, which has sharply cut into demand. While vacancy and rental trends remain weak in many cities, companies have still performed better than analysts expected.

For the full article from The Wall Street Journal, click here.

Boston Properties Gets Back in the Buying Game

Wednesday, May 5th, 2010

Boston Properties is getting back to their old buying form of 2008, but its first office-building acquisition in 2 years is tiny in retrospect to their trophy properties of the past. The size is a sign of how difficult it is for buyers to find deals in this market due to the fact that most owners aren’t interested in selling at today’s prices, this according to The Wall Street Journal in their article “Boston Properties Gets Back in the Buying Game.”

Boston Properties is capitalizing on the downturn by buying a “class C’ building in a “class A” location and positioning itself for a comeback. They are being very choosy as they re-enter the market as they have amassed about $1.8 billion in cash and a $1 billion line of credit to do deals. Still, Boston Properties are not looking to change focus and do 500 $2 million deals but instead are still wanting large-scale acquisitions.

Click here to read the full article from The Wall Street Journal.

Georgia Changes to Assessments and Appeals

Saturday, May 1st, 2010

There has been sweeping changes to the way assessment and appeals of real property are handled in Georgia. SB 346 passed the House virtually unopposed and is expected to be signed by Governor Purdue later in the year.

Changes include:

County assessors will be required to produce an annual assessment notice for every property. In the past a notice is only required if the value of a property changed or the taxpayer filed a real property tax return in the first quarter of the tax year. The new law will eliminate the need to file a yearly return to protect appeal rights.

Appeal deadline will be changed from 30 days to 45 days from date of assessment notice.

Annual assessment notices will have an estimated tax liability for the given year. This change will allow the taxpayer to see what the valuation actually means to their bottom line before the deadline for appeal has past.