November 14, 2023 at 6:00 am · Shelly Clark · Comments Off on 4 ways to plan for a better 1031 exchange process

4 ways to plan for a better 1031 exchange process

By: Dannielle Lewis, Teri Samples | Partners at Wipfli

1031 exchanges are common in the real estate world. However, they are often wrought with hidden complexity that can quickly send a straightforward project into chaos.

Here are four common mistakes to avoid when planning and executing your 1031 exchange:

1. Comingling personal property

Prior to the Tax Cuts and Jobs Act (TCJA), taxpayers were allowed to do 1031 exchanges on both personal and real property. However, personal property can no longer be part of a tax-deferred exchange post TCJA.

Initially, this led to complicated questions regarding how real property is defined. Much of this was answered by regulations that became final in 2020.

The regulations are fairly taxpayer friendly but are not without their own complexities. Many still comingle their 1031 exchanges with personal property and end up recognizing gain as a result. In the worst scenarios, this can ruin the exchange.

If you are selling any real property that has personal property in it, connect with your certified public accountant (CPA). They can help you determine the best way to break out personal property from the rest of the property so that it doesn’t affect your exchange.

2. Missing the 1031 timeline

Missing the prescribed timelines is another commonly seen mistake in 1031 exchanges.

A 1031 exchange must generally adhere to the following timeline from the date of the sale of the relinquished property:

• 45 days to identify a property
• 180 days to complete the exchange

The best advice is to know your replacement property prior to selling the relinquished property.

Since this can be challenging, people often try to close deals too quickly. They miss the important step of identifying the properties in time, or they schedule the closing too late.

3. Confusing different roles

For some 1031 exchanges, tax issues aren’t discovered until the return is being completed.

The taxpayer may be relying on their qualified intermediary (QI) to identify any issues with the 1031 exchange itself. However, that is not necessarily their role.

It is important to understand what advice your QI is giving you and what their role is in the exchange. While they may have all the information that pertains to your exchange, they generally never provide any tax advice. To ensure you have a valid 1031 prior to closing, you need to meet with your CPA. Finding out a tax issue too late can make it unfixable.

On the other hand, if errors are discovered early on, you can either restructure the deal or even invest your gain dollar in an opportunity zone fund instead.

4. Overlooking partnerships

Another common mistake to avoid is with partnerships.

Often, issues with partnerships involve two partners who want to roll proceeds from a property that has been held for several years into another property, while the third partner wants to cash out.

Depending on when this situation comes up, it could create a lot of issues for the exchange, especially when an alternative structure is rushed too close to closing.

It’s important to look at your real estate holdings and ownership each year to determine if your partnership is still on good terms or if you think one of the partners will want to exit.

Planning allows for more time to work through an ownership structure that will facilitate a 1031 exchange, while ensuring each partner is able to achieve their end goal.

How Wipfli can help

At Wipfli, our team is here to help you navigate the complex regulations surrounding 1031 exchanges. We’ll help you understand your eligibility and tax consequences so that you can plan with confidence.

Contact us today to get started with your exchange.

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Original article posted on January 17, 2023: https://www.wipfli.com/insights/articles/re-4-mistakes-to-avoid-in-the-1031-exchange-process

September 26, 2023 at 6:00 am · Shelly Clark · Comments Off on Downtown Portland Class A Office 2023 Mid-Year Update

Downtown Portland Class A Office 2023 Mid-Year Update

By Samantha Marinko | Associate, The Boulos Company

This time last year, I made reference to “the current stalemate in the market,” referring to the minuscule variance in the vacancy rate for downtown, Class A office buildings in the six months prior.

This year, I have a similar report.

In January of each year, The Boulos Company compiles data in order to develop a comprehensive analysis of the vacancy rates of office buildings. In particular, we focus on the 25 Class A office buildings in downtown Portland, which include over 2.4 million square feet of space.

At the time that report was published, the vacancy rate for space on the market for direct lease was 3.75% or 90,527+/- SF. That square footage was derived from five 10,000+ SF spaces and a handful of smaller vacancies.

Currently, the vacancy rate is 3.45% or 83,391+/- SF, and still, that is attributed largely to five 10,000+ SF vacancies.

Though at only 0.3% there hasn’t been a change of much significance with the direct vacancy, the sublease rate reflects a bigger shift, and likely a greater trend that we will continue to see in the coming months and years. The sublease vacancy rate in January was 4.59%; the current rate is 6.37%. Although that’s still relatively low and could be considered healthy, the 1.78% increase in just six months is suggestive of a trend we are likely to see more of.

The lack of a shift in the direct rate is a relatively clearcut story – no absorption of much significance, no new vacancies of much significance.

However, there is even more to the sublease story than the number alone can reflect, because there was in fact some absorption of the sublease vacancy reported in January. 100 Fore Street, for example, had 15,458+/- SF available for sublease as reported six months ago. That space has been leased by a new tenant, therefore removing that SF from the updated total, and yet, the number has still increased quite significantly. That means that the new sublease availabilities are even more substantial than the increased rate reflects.

This will be something to keep an eye on. As the dust from the pandemic continues to settle and leases begin to roll, tenants will be forced to make a decision as to how they consider their space needs and we will see those decisions reflected in the vacancy rates moving forward.

Original article posted July 28, 2023, https://boulos.com/downtown-portland-class-a-office-2023-mid-year-update/?mc_cid=e91f4d71a2&mc_eid=87a9b15008 

July 25, 2023 at 6:00 am · Shelly Clark · Comments Off on Maximizing energy tax credits for RE developers

Maximizing energy tax credits for RE developers

By Anita S. Mahamed, Dannielle Lewis, Teri Samples | Partners at Wipfli

The real estate industry can greatly benefit from energy tax credits and the changes made in the Inflation Reduction Act. As sustainability and environmental responsibility become increasingly important priorities, incorporating energy-efficient features into real estate projects not only reduces operating costs but also enhances the property’s value by helping the project stay green.

These recommendations can help real estate developers take advantage of energy tax credits to maximize their returns while contributing to a greener future.

Integrate renewable energy systems
Incorporating renewable energy systems into real estate projects is a great way to leverage energy tax credits. Installations such as solar panels, geothermal heating and cooling systems, wind turbines and energy storage solutions can qualify for significant tax credits. By integrating these systems, developers and real estate owners can reduce utility costs and generate additional revenue through excess energy production.

Additionally, they may be able to sell the tax credits to provide additional equity for their deals. But the requirements for obtaining the credit are complex.

Here is an example of how the credit is calculated: A taxpayer develops a building and has solar units installed on the roof. The cost of the solar panels is $260,000. The solar panels were installed to meet the prevailing wage and apprenticeship requirements. In this situation, the taxpayer will be eligible for a $78,000 tax credit and the solar panels basis that is eligible for bonus depreciation is $221,000.

Explore energy-efficient upgrades and retrofits
Designing energy-efficient buildings can allow for substantial tax benefits. Energy tax credits are available for structures that meet certain energy performance standards and use energy-efficient technologies. Developers should focus on optimizing insulation, lighting systems, HVAC and building envelope components to enhance energy efficiency. By implementing energy modeling and using high-efficiency materials and systems, developers can qualify for tax incentives.

The incentives aren’t limited to new construction. Real estate developers can take advantage of energy tax credits through retrofits and upgrades. Upgrading existing buildings with energy-efficient windows, lighting, HVAC systems and insulation can make them eligible for tax credits.

These particular improvements may allow developers and real estate owners to take advantage of either a Sec. 179D tax deduction or a Sec. 45L credit. As an example, in July 2023, a developer created a new, four-story, 208-unit apartment complex. During 2023, it reached full occupancy and the property leased each unit. The apartment building also qualified for the federal Zero Energy Ready Home program and met the prevailing wage requirements. This means that they are eligible for a Sec. 45L credit of $5,000 per unit, equaling a total of $1,040,000.

How Wipfli can help
Navigating the energy tax credits may require the assistance of tax professionals and sustainability consultants. Wipfli advisors can provide guidance on eligibility criteria, documentation requirements and optimal strategies to maximize tax benefits. We can also help with energy modeling, project certification and ensuring compliance with applicable regulations. Most importantly, we can help you determine the best use of your equity for your deal before you spend it, bringing our specialized tax knowledge to help guide your decision-making to support your business through changing environmental policies.

Learn more about our tax services supporting the construction and real estate industries.

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Original article posted on June 8, 2023: https://www.wipfli.com/insights/articles/cre-real-estate-developers-take-advantage-of-energy-tax-credits

June 27, 2023 at 6:00 am · Shelly Clark · Comments Off on Maine’s Housing Shortage Conundrum

Maine’s Housing Shortage Conundrum

By John Finegan | Associate Broker, The Boulos Company

Like many states across the country, Maine has a housing crisis. The ripple effects of COVID and the needs of asylum seekers have created an influx of people coming to Maine. Simultaneously, the average number of people per household is shrinking, and this exacerbates the demand for additional housing units. New construction is not going to solve the problem quickly, as construction hard costs are at all-time highs and developers find themselves quickly buried in complex bureaucratic processes and the attendant soft costs, which make construction harder and more expensive. Meanwhile, interest rates are the highest they’ve been since 2002, both increasing the cost of construction and decreasing what a buyer can pay for a home.

The housing crisis is a supply and demand issue. We have a lot of demand and not enough supply, and when that happens prices go up. MaineHousing has estimated that Maine needs 20,000 – 25,000 new housing units to meet demand, 9,000 in the Portland area. Until supply and demand are in equilibrium, we will continue to see housing prices increase.

The only way to end our housing crisis is to build more housing.

HOW DO WE BUILD MORE HOUSING?
Housing is built by for-profit developers (FPDs) and nonprofit developers (NPDs). NPDs finance their developments by leveraging federal, state, and local funds, including the low-income housing tax credit program. NPDs typically build affordable housing, creating housing for some of the most vulnerable people in our community. NPDs are limited, however, both by the amount of available funding and because the process for receiving those funds and tax credits is complex and requires a sophisticated developer.

To build more affordable housing, voters need to support policies and politicians that allocate more funds to NPDs as they did this past November across the country.

For profit developers typically do not take advantage of public funds. FPDs assess whether a project is worthwhile based on construction inputs and projected revenue. Construction inputs include hard costs (such as raw materials, labor, and land) as well as soft costs (such as engineering, permitting, legal, and accounting fees). Projected revenue is determined by estimating what a project will sell or lease for once completed. FPDs put these numbers into a proforma to estimate a return on investment for the project.

FPDs are constrained by the realities of the marketplace. They need to be able to give their financiers—banks, pension funds, private equity investors—an adequate return on their investment based on the risk profile and other investment alternatives. If they can’t, the project “doesn’t pencil,” they can’t get funding, and the project doesn’t get built.

To build more housing by FPDs, construction costs need to go down and/or projected revenue needs to go up.

HARD COSTS OF CONSTRUCTION
On average, the hard costs of construction increased 35% from January 2020 to September 2022. The increase in the cost of housing in new developments can be traced directly to this. Additionally, the volatility in hard costs has created a great deal of risk for developers, contractors, and sub-contractors who make decisions based on quoted prices with little assurance that those quote prices will be accurate once the costs are incurred. A labor shortage has also made staffing construction sites difficult. The unknowns of future construction prices and hard costs, coupled with uncertainty of labor, adds risk to any development which have killed several projects in Southern Maine over the past two years.

CONSTRUCTION HARD COSTS OVER TIME

The only way to lower these hard costs—or reduce their escalation—is for supply chains to normalize. In Q3 of 2022, hard cost escalations slowed and a recent study found that escalation should stabilize to 2–4% annual increases by 2023–2024. There is not much that we as individuals or as a community can do to control construction hard costs.

SOFT COSTS OF CONSTRUCTION
Soft costs are construction costs that are not related to raw materials, labor, or the physical building of the project. They include architectural drawings, environmental certifications, engineering studies, financing, legal fees, and any regulatory costs. Many of these soft costs are necessary. You can’t build a building without architectural plans, for example. However, some soft costs can be altered through policy. Fee-in-lieu costs, permitting fees, impact fees, etc. are government imposed costs that can be reduced or altogether removed to lower construction costs and allow more developments to be built. The June 2022 report by the National Multifamily Housing Council found that regulations imposed by all levels of government account for an average of 40.6% of multifamily development soft costs. None of this goes into actually constructing the units.

In Portland, a mandatory inclusionary zoning ordinance requires developers to make 25% of units in any 10+-unit development affordable, or pay a fee-In-lieu of $162,339 per affordable unit. This is effectively a tax of $40,585 per unit when the 25% requirement is spread across the entire project. It’s a prime example of how unnecessary regulatory costs can kill a housing project and discourage development.

The recent increase in interest rates also plays a substantial role. Higher interest rates increase the rates on construction loans, reduce the affordability of homes for buyers, and drive up the rents required to support a project.

LESS STICK
Developing housing is a numbers game, and projects must pencil to be built. Hard costs have gotten more expensive, but those are market realities and out of our control. Some soft costs, on the other hand, are unnecessary costs associated with regulations. Reducing or removing them can make housing creation less expensive and trigger new construction in the market.

Portland, Brunswick, Yarmouth, Freeport, Scarborough, South Portland, and Falmouth all have some form of housing regulation, either in place or being discussed. These policies have traceable, quantitative consequences, which make soft costs more expensive, killing projects. They also have a qualitative impact. Nationally, 47.9% of developers said they won’t even consider projects in jurisdictions with inclusionary zoning requirements, while 87.5% avoid working in jurisdictions with rent control.

MORE CARROT
Liberalization of zoning laws to allow for more density, taller height restrictions, smaller off-street parking restrictions, smaller impervious surface restrictions, and smaller setbacks allow developers to get more units onto the same amount of land. More units mean more revenue, and that means a greater likelihood that a project will make economic sense and be built. The Boston Fed’s New England Policy Center said that allowing more density, combined with relaxing height restrictions is the “most fruitful policy reform for increasing supply and reducing multifamily rents.” Economists from UCLA and the Legislative Analyst’s Office of California found that building new market rate housing lowers the cost of housing in cities for everyone.

In April 2022, Maine passed LD 2003 which will go into effect in July 2023. Once in effect, the bill will allow property owners to build accessory dwelling units in residential areas and allow up to two units on a lot zoned for single-family housing. For larger communities with designated “growth areas,” up to four units could be allowed. Additionally, the bill allows for a 2.5x density bonus for developers who hit affordability requirements.

It will be interesting to see how LD 2003 plays out in 2023. It may encourage developers to reevaluate developments based on the new density, and those developments may prove economically feasible and get built.

CONCLUSION
Westbrook, a town that has been welcoming towards developers, currently has 1,301 housing units in planning review. As of November, 2022, in Portland, where the fee-in-lieu effectively taxes 10+-unit developments, there are under 300 housing units in planning review. A clear slowdown has occurred since Portland increased its inclusionary zoning requirement in 2020. What does this tell us? Housing creators go where they’re wanted and where there are fewer economic barriers. If we want to be proactive in ending our housing crisis, local governments need to enact policies that incentivize development, not make it more expensive.

To end the housing crisis, more housing must be constructed. For more housing to be constructed, many things have to fall in line for projects to start making financial sense. Many of these factors are out of our control, but enacting policies that incentivize development is not.

Original article posted March 3, 2023, https://boulos.com/maine-housing-shortage-conundrum/