Potential Impacts on Commercial Real Estate under the Biden Administrations’ Tax Plan
The 1031 exchange, a popular tool to create wealth by “deferring” capital gains tax on real estate investments, is on the chopping block in the “American Families Plan” put forward by the Biden Administration earlier this year. If the change is implemented it could have a significant impact on the way small investors participate in the commercial real estate market. Under Section 1031 of the Internal Revenue Code, there is currently no limit to the amount of capital gain that taxpayers may defer. This allows a real estate investor, for example, who bought a building for $2 million and [...]
The Importance of Understanding Basic U.S. Securities Laws Before Seeking Investors
May 2021 Small businesses need capital to startup, operate, and grow. When entrepreneurs lack the ability or desire to fund a venture entirely from personal assets, they will seek capital from outside investors. If you have or plan on founding a startup, it is imperative to have a general understanding of United States securities laws. Many entrepreneurs assume that they don’t need to worry about securities laws unless they’re “going public” but, if you intend to raise any outside money you must comply with both federal and state securities laws while doing so, otherwise your raise may result in liability for [...]
California Implements Property Tax Changes for Seniors and Families
February 2021 On November 3rd, Californians voted by a slim margin to pass Proposition 19, the Home Protection for Seniors, Severely Disabled, Families, and Victims of Wildfire and Natural Disasters Act (“Prop 19”). Prop 19 changes property tax benefits for all people who stand to inherit real property in California from their parents (or grandparents) as well as certain individuals looking to buy a new home. As with all new tax measures, Prop 19 has generated a fair number of questions. We here at FLAS have answered some of the more common questions about Prop 19 below: How does Prop [...]
Good Business Habits Help Prevent Litigation
December 2020 We love to help clients start and grow successful businesses, bring ideas to market and create value. We also love to help client protect what they have built. One of the ways we are called upon to do so is when the need arises to file or defend against a lawsuit. No rational business person wants to file a lawsuit unless they absolutely have to, and of course no one wants to defend against one. It is expensive. It is stressful. It is time consuming. What can you do as a business owner to avoid litigation? Obviously there [...]
Legal Alert: Real Estate And Land Use Insight – California Continues to Advance “Housing First” Legislation
November 2020 At the start of this legislative session, the California Legislature seemed primed to pass bills that would have significantly impacted housing production and regulation. However, due to the wide-ranging impacts of COVID-19, many were either dropped or tabled for next year. Still, the Legislature did end up passing several more modest amendments to existing housing law, and key bills are summarized below: AB 831 Senate Bill 35 of 2017 (SB 35) mandated a ministerial, CEQA-exempt approval process for qualifying housing and housing-rich, mixed-use projects. The goal of SB 35 was to streamline the approval process for developments [...]
California Consumer Privacy Law Update
November 2020 This election season brought a number of new propositions to California ballots. Included on the ballot was Proposition 24, the California Privacy Rights Act of 2020 (“CPRA”). It will strenghten California’s already robust consumer privacy protection law – the California Consumer Privacy Act (“CCPA”) – but also adds burdensome regulations for businesses across the state. It’s imperative for California business owners to understand how both the CCPA and the new CPRA will affect their businesses. A brief summary of some of the many important requirements, follows. The California Consumer Privacy Act The CCPA was signed into law by [...]