As investors increasingly leverage Section 1031 exchanges to defer capital gains taxes, nuanced scenarios involving interest income on exchange proceeds require careful analysis. A critical but often overlooked aspect arises when interest earned on funds held by a...
Content By Matthew T. Viola
Combining Membership Interest Purchase Agreements & 1031 Exchanges to Maximize Tax Efficiency in Real Estate Deals
The intersection of real estate transactions and tax strategy has long been a focal point for investors seeking to optimize returns while minimizing liabilities. Two powerful tools in this arena – the Membership Interest Purchase Agreement (MIPA) and Section 1031...
Ohio Senate Bill 56 Proposes Changes to Recreational Marijuana Rules
Just as your home (vs your entire property) in Ohio is your "castle" in terms of being able to stand your ground and defend yourself/family against an intruder, the Ohio Senate in SB 56 has recently voted to amend Ohio’s recreational marijuana statute (Ohio Revised...
Ohio Court Case Highlights the Importance of Clarity in Real Estate Agreements
A recent Ohio Court of Appeals decision highlights the importance of clear, precise and complete language in residential as well as commercial leases (and other real estate documents). The General Rule: Judicial Deference to Language Within the “Four Corners” of...
Energy Efficiency Incentives in the Inflation Reduction Act: The Basics for Developers
Since its passage barely over two years ago, the Inflation Reduction Act of 2022 (IRA) has made significant steps forward in promoting energy efficiency within the construction industry. Incentives under the IRA include tax credits for the installation of clean energy...
“Residents First” Proposal Introduced to Cleveland City Council
This month, a proposal dubbed the “Residents First Legislative Package” (the “Proposal”) was introduced to Cleveland City Council. The Proposal is aimed at combatting vacant and dilapidated buildings in the City of Cleveland as well as enforcing stricter upkeep of...
EPA Rolls Back Wetlands Protections to Comply with Supreme Court’s Sackett v. EPA Decision
As KJK has previously covered, earlier this year, the Supreme Court of the United States (SCOTUS) delivered a landmark ruling on the reach of the protections afforded by the Clean Water Act (CWA) in Sacket v. EPA. In that case, while all agree the CWA provides some...
SCOTUS Defines New Test for Protected Waterways and Wetlands
On May 25, the Supreme Court of the United States (SCOTUS) made its final decision on a long-running case that will redefine the power and authority that the United States Environmental Protection agency (EPA) will have to regulate and protect the navigable waters of...
U.S. Supreme Court Hears Challenge to EPA’s Authority to Regulate Wetland
The Clean Water Act (CWA) and the Environmental Protection Agency (EPA) are no strangers to controversy and legal challenges. As KJK has previously written on, Section 401 of the CWA, which focuses on curbing the discharge of pollutants into U.S. navigable waters or...
Real Estate Conveyances in Cuyahoga County: Proposed New Standards Could Impact Costs, “Drop and Swaps”
Ohio Revised Code 319.203 allows each county in Ohio to adopt standards regarding governing conveyances of real property in Ohio. While most Ohio counties have very similar standards and rules, there are sometimes subtle differences, and it is incumbent on the parties...