Chat with us, powered by LiveChat

Tag Archives: Jason Wolf


Sale and Leaseback of Commercial Real Estate

Sale and Leaseback of Commercial Real EstateLet’s explore the sale and leaseback of commercial real estate. Confer with the professionals at WCRE or ask us for a seasoned real estate or tax attorney but here’s one technique Abo has seen work well with business clients. Although real estate is generally thought of as an illiquid asset, some liquidity can be achieved by taking out a loan backed by the property. Alternatively, a sale and leaseback may be used effectively if a company’s balance sheet is burdened with excessive debt or just having difficulty in obtaining new capital. Typically, the transaction involves the company owned property being sold to a third party and then leased back to the company under a long-term lease.

Download Printable Article (PDF) >>>

Sale and leaseback transactions may be on the rise but clients need to be aware that the IRS often focuses on transactions between closely-held corporations and their controlling shareholder to make sure that these transactions benefit the company as well as the shareholder. In one common type of sale and leaseback transaction, the company sells the land with a building on it to the shareholder and, in turn, the shareholder leases it back to the company. Some of the financial and tax benefits we’ve seen have included:

The rental deductions the company could take might be significantly larger than the former depreciation deductions if the property had been in service for many years.

After the sale and the leaseback transaction, the shareholder’s basis in the property will be its fair market value which is usually greater than the price paid for the property by the corporation. Thus, the shareholder’s depreciation deduction would be much greater than what was previously available to the corporation (also still need to consider the tax consequences of the sale to the corporation).

The sale and leaseback may enable the shareholder to generate passive rental income that could be offset
against passive losses of the shareholder.

The IRS would obviously be concerned that these transactions have economic substance and that they are
based on reasonable market conditions, and not just designed to generate larger tax deductions. Thus, for
a sale to be valid, the controlling shareholder should have taken an equity interest in the property and also
assumed the risk of loss. For the leaseback to be valid, four tests come to mind that really should be met:

1. The useful life of the property should exceed the term of the lease.

2. Repurchase of the property by the corporation at the end of the lease term should be at fair market value and not at a discount.

3. If the leaseback allows for renewal, the rate should be at a fair rental value (speak to WCRE, not necessarily the accountant).

4. The shareholder should have a reasonable expectation that he or she will generate a profit from the sale and leaseback transaction based on the value of the property when it is eventually sold and the rental obtained during the lease term.

I suspect one of the biggest risks for the seller-lessee is the loss of a valuable asset that could have substantially appreciated over its useful life. Also, the rental market could drop, leaving the seller locked into a rental rate in excess of fair value. On the other side of the table, the seller could move or default, leaving the buyer with unattractive real estate in a soft market.

Even if there are no other problems, the benefits of the deal could be substantially reduced if the IRS deems that it is merely a “financial lease.” In that case, the IRS will treat the seller-lessee as the true owner of the real estate, with all the appropriate tax assessed, and the buyer-lessor will be treated as a lender-mortgagee.

Since sale and leaseback transactions can be quite complicated and also have to pass IRS muster, as I stated earlier, whether you are a buyer, seller or investor, you are well advised to consult with WCRE and seasoned real estate/tax counsel about your financial and tax consequences and the manner of structuring and implementing them to withstand possible IRS challenge.

FOR MORE INFORMATION:
Martin H. Abo, CPA/ABV/CVA/CFF is a principle of Abo and Company, LLC and its affiliate, Abo Cipolla Financial Forensics, LLC, Certified Public Accountants – Litigation and Forensic Accountants. With offices in Mount Laurel, NJ and Morrisville, PA, tips like the above can also be accessed by going to the firm’s website at www.aboandcompany.com.

 

Martin H. Abo, CPA/ABV/CVA/CFF
307 Fellowship Road, Suite 202
Mt. Laurel, NJ 08054
(856) 222-4723
marty@aboandcompany.com
For more information, contact:

Share

Is It Time to Refresh or Expand Your Space?

Refresh or Expand Your SpaceYour business is growing and you like your current location, so you’ve decided to renew your lease and either refresh or expand your space. GREAT!

Ready to expand your space? Did you call the movers yet?

Download Printable PDF>>>

That’s right. Movers. And contractors. And space planners. And IT specialists. And a host of other vendors that you haven’t even thought of yet. When you’re staying in the same location, the reality is that the To Do list can seem almost as overwhelming as if you were pulling up stakes and starting all over in a new venue. Because you ARE starting in a new venue. The address may be the same, but how you utilize the space to maximize productivity is a rare opportunity you need to take full advantage of. You have two options: refresh or expand. To capitalize on either one of these options, you need a detailed staging and logistical plan to minimize downtime and keep your employees as close to 100% productivity while you update or expand.

So where do you start? You hire a professional logistics management team to shoulder the responsibility of planning and executing the project. No matter how big or small your space, here’s what an experienced logistics management team brings to the table for each option…

OPTION #1: Refresh Your Space

Also called an office restacking, you need to look at this type of project as an employee retention tool. No doubt your business has markedly changed over the last 10 years, so your office environment needs to evolve to best support that shift in culture. Restacking changes and improves the look and feel of the work environment, and by redefining the space to include collaboration rooms/workspaces, you can change the corporate culture in the  link of an eye to catch up with the times. A refresh re-energizes your employees, and shows you value their presence. New paint, carpeting, furniture, lighting, bathrooms, and more will make employees happier when they are at work, and warmly welcome new clients into your space when they visit. It’s a win-win.

OPTION #2: Expand Your Space

Here the biggest opportunity is to redefine the space. Are you adding new employees? Consolidating employees
from another location? Expanding the space for client interaction? A space planner will help you understand how much new space you really need (square footage/head count), and how much you should allot to common areas, workstation areas, private office areas, client showrooms, product production space, etc. An experienced logistics management team knows exactly what questions to ask to make sure you have the most comprehensive staging and logistics plan possible, so no detail is overlooked and no opportunity is missed:

(1) Where are you going to temporarily move active files and personal contents during your office refresh or expansion?

(2) Does the furniture have to be removed (new carpet installation) or just lifted in place (carpet tile installation)?

(3) Should you upgrade the furniture, or re-use what you have?

(4) How can you maintain productivity when computers or data centers need to be disconnected, moved, and reconnected?

The bottom line is refreshing and/or expanding your office requires careful thought and planning to keep your business thriving. The right logistics management team will help you hit the ground running as you launch your business into its next growth stage!

About Argosy Management Group, LLC

Argosy Management Group (AMG) is a leader in office relocation and logistics project/move management. AMG services companies throughout the U.S. and worldwide. AMG delivers a wide range of comprehensive services:  move management and transition planning, space planning and furniture needs, office and industrial relocation and liquidation, storage solutions and asset management, furniture disassembly and installation, IT/ data center relocation, and rigging.

For more information, contact: 

 

Share

New Proposed Regulations for Qualified Opportunity Zones

Qualified Opportunity ZoneThe second round of proposed regulations issued on April 17, 2019 provide additional guidance on some of the questions and issues that remained unclear after the initial round of proposed regulations that were issued in October 2018. The Opportunity Zone program was created by the Tax Cuts and Jobs Act (TCJA) to stimulate economic development and job growth in low income communities across the US, DC and the five US territories by providing tax breaks to investors in the qualified zone areas.

Download Printable Article (PDF) >>>

TAX INCENTIVES OFFERED BY THE PROGRAM:

• Tax Deferral
• Step-up in basis
• Permanent Exclusion

TAX DEFERRAL:

Most capital gains can be deferred with tax savings to the taxpayer until 12/31/2026 or until the investment in the Qualified Opportunity Fund (QOF) is sold, whichever is earlier, if the original capital gains are invested in a QOF within 180 days of the sale of the asset.
• Gain from sale or exchange of assets between related parties as provided in the proposed regulations does not qualify.
• Investment in QOF must be an equity interest and cannot be a loan or another debt instrument.
• The deferred gain retains its attributes

STEP-UP IN BASIS:

The basis in the capital gains invested in the QOF is increased by:
• 10% if the taxpayer holds the QOF investment for at least 5 years, or
• 15% if the taxpayer holds the QOF investment for at least 7 years

Thus, the taxpayer can defer and effectively exclude up to 15% of the original capital gains from taxation.

PERMANENT EXCLUSION:

The capital gain on the sale or exchange of the investment in the QOF can be permanently excluded from taxation if the QOF investment is held for at least 10 years.

Example:

• John has a capital gain of $ 100,000 from sale of Apple stock as on 7/1/18.
• He invests $ 100,000 in QOF on 11/1/18 (within 180 days of 7/1/18):
• Does not pay any tax on the entire gain in 2018
• Holds the QOF investment until 11/30/23 (past 5 years) and sells the QOF investment at a gain of $ 20,000:
• Gets a step-up in basis of 10% or $ 10,000 on the original gain and pays tax only on the remainder of the original gain of $ 90,000. The $ 20,000 gain on the sale of QOF investment is also subject to tax in 2023.
• Holds the QOF investment until 11/30/25 (past 7 years) and sells the QOF investment at a gain of $ 35,000:
• Gets a step-up in basis of 15% or $ 15,000 on the original gain and pays tax only on the remainder of the original gain of $ 85,000. The $ 35,000 gain on the sale of QOF investment is also subject to tax in 2025.
• Holds the QOF investment until 11/30/28 (past 10 years) and sells the QOF investment at a gain of $ 65,000:
• The $ 65,000 gain on the sale of QOF investment is permanently excluded from taxation. Must pay tax on the
deferred gain of $ 85,000 in 2026.

There are several key topics and rules that need to be followed in order to take advantage of this tax benefit. For more information, contact Jeffrey Cohen, Partner, Tax Services Leader, at jcohen@grassicpas.com or Shashi Singal, Tax Senior Manager, at SSingal@grassicpas.com. For more information on Grassi and additional services, please contact Chris Fifis, Director of Business Development at 201-808-9746.

 

Share

Second Annual WCRE Celebrity Charity Golf Tournament Raises $35,000

Second Annual WCRE Celebrity Charity Golf Tournament Raises $35,000In its second year, built on the remarkable success of WCRE’s community commitment and annual celebrity charity hockey event, The WCRE Foundation has successfully raised approximately $35,000 to be shared equally by 6 charitable causes within the Philadelphia and Southern New Jersey region. Over the past three years, The WCRE Foundation has now raised close to $235,000.

The Second Annual WCRE Celebrity Charity Golf Tournament which was held at Ramblewood Country Club in Mount Laurel this past Friday afternoon, is the brainchild of Philadelphia Flyer legend and WCRE director of strategic relationships Brian Propp and WCRE’s vice president and principal, Chris Henderson. WCRE welcomed 120 area business leaders and many guests to an afternoon of great golf, fun, competition and contests.

All proceeds from the event will be shared among the CARES Institute at Rowan University, the Jewish Federation of Southern New Jersey, the Alzheimer’s Association Delaware Valley Chapter, the American Cancer Society, Susan G Komen-Philadelphia and Samaritan Healthcare and Hospice. Each of these organizations benefits from WCRE’s long-standing practice of donating a portion of its proceeds from every transaction to an area charity. Learn more about this program at http://wolfcre.com/community-commitment/.

“This event was another successful gathering for The WCRE Foundation and our community partners. Special thanks to the entire WCRE team, our incredible sponsors, donors, golfers, friends and Ramblewood Country Club who all helped make our 2019 Celebrity Charity Golf Tournament a victory for 6 incredible non-profits in our community,” said Jason M. Wolf, founding principal of WCRE. “It is a credit to our friends, neighbors, and business associates that we are able to come together to improve the lives of others.”

About WCRE

WCRE is a full-service commercial real estate brokerage and advisory firm specializing in office, retail, medical, industrial and investment properties in Southern New Jersey and the Philadelphia region. We provide a complete range of real estate services to commercial property owners, companies, banks, commercial loan servicers, and investors seeking the highest quality of service, proven expertise, and a total commitment to client-focused relationships. Through our intensive focus on our clients’ business goals, our commitment to the community, and our highly personal approach to client service, WCRE is creating a new culture and a higher standard. We go well beyond helping with property transactions and serve as a strategic partner invested in your long term growth and success.

Learn more about WCRE on Twitter & Instagram @WCRE1, and on Facebook at Wolf Commercial Real Estate, LLC.

Visit our blog pages at www.southjerseyofficespace.com, www.southjerseyindustrialspace.com, www.southjerseymedicalspace.com, www.southjerseyretailspace.com, www.phillyofficespace.com, www.phillyindustrialspace.com, www.phillymedicalspace.com and www.phillyretailspace.com.

 

Share

Why Smart Buildings Matter to Commercial Real Estate Owners

smart buildings energy consumptionLet’s look at why smart buildings matter to commercial real estate owners. Energy cost savings are top of mind for every commercial building owner, operator, and facility manager, but it’s time to be proactive. On average, a U.S. office building spends nearly 29% of its operating expenses on utilities, and much of this expenditure goes toward HVAC operation.

Download Printable Article (PDF)

Researchers at Massachusetts Institute of Technology (MIT) estimate commercial buildings account for 20% of all the energy used in the U.S. and conclude that as much as 30% of that energy is wasted. Wasted energy will only increase over time without intervention. Imagine a solution that prevents waste and saves 15-30% on energy expenses? That’s possible to achieve with smart buildings.

Smart buildings are any facility that have complete automated controls and systems in place that are integrated together to form an intelligent data collection application, usually via a building automation system (BAS).
BAS offers reduced operation and energy consumption, improved building efficiency, preventative maintenance, comfort for workers and building occupants, and better use of resources.

At Pennoni, we offer our Utilities Watch (UW) solution, a combination of best-in-class energy analytics/fault detection software and engineering expertise that optimizes buildings, reduces costs, and minimizes environmental impact.

Through UW, our software continually analyzes data from diverse systems: BAS, energy, water, and other resource metering systems to identify opportunities for cost reduction. The fault detection and diagnostics application within the software drills down into patterns to identify issues, deviations, and opportunities for operational improvements and cost reduction.

Utilities Watch Key Benefits

Reduce costs

  • Optimize buildings and reduce energy consumption
  • Increase control and visibility of energy budget
  • Decrease maintenance and capital costs through proactive and predictive maintenance
  • Increase lifespan and reliability of HVAC systems

Validation and M&V

  • Performance goals
  • ECM’s, LEED

Commissioning

  • MBCx – automated ongoing commissioning

Risk Management

  • Disaster recovery (information supports better identification of issues)

Improve sustainability strategies, goals, and metrics

  • Full integration to EnergyStar Portfolio Manager
  • Earn additional LEED points for existing buildings

Improve portfolio management

  • Benchmark buildings and compare performance
  • Performance accountability

Deploying smart buildings software is only half of the equation. Our energy analysts and engineers write custom algorithms to automate analyses that traditionally required constant manual effort. From there, our team of engineers interprets the data to make it meaningful and actionable with custom dashboards and notifications that ensure the facility manager has full visibility and can readily prioritize activities, ensuring much greater efficiency.

For more on smart buildings and Utilities Watch, contact Tony Lepre at (609) 214-5520 or TLepre@Pennoni.com.

tony lepre

Share

Like-Kind Exchanges (1031 Exchanges) and Tax Law Changes

Like-Kind Exchanges (1031 Exchanges) and Tax Law ChangesThe Tax Cuts and Jobs Act (TCJA) made tax law changes that affected virtually every business and individual in this past tax year 2018 and the years ahead. One tax provision that taxpayers should be aware of is that a like-kind exchange, otherwise known as a 1031 exchange after the code section to which it applies, is now generally limited to exchanges of real property.

Download Printable Article (PDF) >>>

Here’s what you need to know:

Beginning after December 31, 2017, section 1031 like-kind exchange treatment applies only to exchanges of real property held for use in a trade or business or for investment, other than real property held primarily for sale. Before the law change, section 1031 also applied to certain exchanges of personal or intangible property, such as machinery, equipment, vehicles, artwork, collectibles, patents, and other intellectual property. Effective January 1, 2018 these types of assets do not qualify for nonrecognition of gain or loss as like-kind exchanges.

Generally, if you exchange business or investment real property solely for business or investment real property of a like kind, section 1031 provides that no gain or loss is recognized. If, as part of the exchange, you also receive other (not like-kind) property or money, gain is recognized to the extent of the other property and money received, but a loss isn’t recognized.

Properties are of like kind if they are of the same nature or character, even if they differ in grade or quality. Generally, real properties are like-kind properties, regardless of whether they are improved or unimproved. For example, an apartment building would generally be of like-kind to unimproved land. However, real property in the United States and real property outside the United States aren’t like-kind properties.

We often will recommend deferred exchanges. A deferred exchange occurs when the property received in the exchange is received after the transfer of the property given up. For a deferred exchange to qualify as like kind, you must comply with the timing requirements for identification and receipt of replacement property. The replacement property for the exchange must be identified within 45 days after the property being given up is transferred. The replacement property must be received within 180 days, or by the due date of the tax return including extensions, whichever is earlier. Real estate property includes land and generally anything built on or attached to it. Again, an exchange of real property held primarily for sale still does not qualify as a like-kind exchange.

A like-kind exchange is reported on Form 8824 which taxpayers must file with their tax return for the year the taxpayer transfers property as part of a like-kind exchange. This form certainly assists us tax professionals in helping our client figure the amount of gain deferred as a result of the like-kind exchange, as well as the basis of the like-kind property received if cash or property that isn’t of like kind is involved in the exchange. Take a look at the form as we think it flows almost logically!

If you make a deferred exchange using a qualified intermediary, the transfer of the property given up and receipt of like-kind property is treated as a like-kind exchange. If you fail to meet the timing requirements, your transaction won’t qualify as a deferred exchange and any gain may be taxable in the year you transferred the property.

Clear as mud, eh? Now you know why we at Abo and Company insist clients retain and rely on credible and seasoned real estate professionals, qualified intermediaries in tandem with real estate attorneys well versed in this arena.

FOR MORE INFORMATION:

Martin H. Abo, CPA/ABV/CVA/CFF is a principle of Abo and Company, LLC and its affiliate, Abo Cipolla Financial Forensics, LLC, Certified Public Accountants – Litigation and Forensic Accountants. With offices in Mount Laurel, NJ and Morrisville, PA, tips like the above can also be accessed by going to the firm’s website at www.aboandcompany.com.

 

 

Share

Best Practices for Proper Asphalt Parking Lot Maintenance

Best Practices for Proper Asphalt Parking Lot MaintenanceLet’s look at the best practices for proper asphalt parking lot maintenance. The four most precious assets associated with a commercial building; the roof, the HVAC system, the elevator (if there is one), and the parking lot. The parking lot is the first impression of your company to your employees; as well as, your client base. A decision as to do business with a company or not…often comes right in the parking lot. The expected useful life of a parking lot (that was properly constructed) should be 15-20 years providing proper maintenance has been applied.

Download Printable Article (PDF) >>>

Proper Asphalt Parking Lot Maintenance Includes:

• Seal coating every two years
• Crack sealing as soon as they appear, and before they widen/worsen.
• New striping for safe navigation by pedestrians and motorists.
• Proper signage
• Pothole repairs as soon as they appear.
• Inlet repair at the first sign of failure
• Water should never be standing in a parking lot- find/remediate the root cause. Pavement failure is often the result of standing water and the subsequent freeze-thaw cycles. Small untreated cracks eventually turn into potholes which cause the pavement to fail. Once this or alligatoring occurs, there is no course of action other than costly reconstruction.

Best Practices for Proper Asphalt Parking Lot Maintenance fall into 3 Categories

1. Must do: Consisting of concerns revolving around property and personal liabilities. Some potential hazards include raised sidewalk, broken curb, potholes, large cracks, alligatored areas, and failing inlets.

2. Should do: Consisting of preventative maintenance measures that will provide life cycle cost savings by “getting ahead” of tomorrows problems today. These include crack sealing, seal coating and small repairs.

3. Could do: When the budget permits, reconstructing the area earlier is better than later. Costly base repairs can often be avoided if milling and paving are performed early.

david sulkin

Share

Preventing the Most Common Cause of Property Loss

the Most Common Cause of Property LossWhether you count your career in months, years or decades…it doesn’t take much time to see this pattern: the overwhelming majority of the property losses you face are liquid based events. Your “Location, Location, Location” will be interrupted by “Water, Water, Water” because it is the most common cause of property loss. The risk is present year round, whether it’s a flood that’s weather driven, or it rains inside your space due to a plumbing break or roof leak. Due to its threat level to life safety, fire receives our attention to protocols by way of building design, code compliance, annual inspections, drills, materials selection and more. However, the rate of incidence of fire is extremely low compared with the frequency, and high cost of property damage and business interruption caused by water. With this in mind, it’s a great return on your investment of time, to initiate or review your team’s plan for response.

Download Printable Article (Preventing the Most Common Cause of Property Loss) >>>

Preventing the Most Common Cause of Property Loss

HOW READY IS YOUR STAFF TO CONTAIN A WATER LOSS? (the most common cause of property loss)

6 Quick Questions before the next emergency

• Is my staff aware of the Safety hazards of a water event, and how to safely navigate them?
• Is a diverse cross-section of my staff knowledgeable and trained in how to shut off the water?
• Are key 24/7 contacts for subs such as plumbers, electricians, alarm and remediation contractors at your fingertips and in hard copy? Is the information published and posted in a logical, accessible manner?
• Do I have an app with a closed group, or group text pre-loaded for my crisis team and I to communicate during an emergency?
• Is my staff trained in how to divert water in a multi-floor water release, and how to conduct an assessment of the extent of damages?
• Do we have basic tools on hand such as shop vacs for extraction, plastic sheeting to cover and protect contents, and clear bags to remove (but not dispose of) water impacted items?

SAFETY FIRST

• Make certain the area is safe for entry, free of electrical hazards. A licensed electrician is required to manage the following:
• Water impacted basements housing electrical and HVAC
• Equipment and appliances not rated for submersion
• Any wiring, outlets, and panels that have come in contact with water
• Coordinate with a licensed mechanical contractor to inspect and verify HVAC equipment if affected by water damage.
• Contact Alarm & Elevator contractors as needed.
• Determine Category of Water Source (Clean or Contaminated).
• If Flood or Sewage water, PPE and environmental testing are recommended.

ADDRESS THE SOURCE

Address the source and stop water from flowing into the building. Multiple people in various departments should be trained in how to shut off the water. Photomapping and signage to demonstrate the location and instructions for shut off valves is key.

INSPECTION & INITIAL CLEANUP

• A Thorough Assessment is the Foundation of a Successful Recovery. Missed areas and issues create costly secondary damage down the road.
• Direct and/or capture water in a manner that is efficient and prevents further infiltration and damage. For example, when water pouring from floor to floor, direct water into one stream through one deliberate opening in the ceiling tiles, instead of many points.
• Walk the building to determine extent of damage. Use the “360 degrees” approach. Work from the source room/area, up & down, side-to-side, follow gravity as water seeks its lowest point.
• Inspection Tools Include: High powered flashlight, Hygrometer (Temp & Humidity Monitor), Moisture Meter, Thermal Imaging camera, painter’s tape for waterlines & mark out and floor plans.
• Document via photos & video.
• Move sensitive equipment, cover & protect contents.
• Extract standing water, set drying equipment.
• Manipulate contents in a manner to promote proper drying. For example, move lateral cabinets away from walls, roll back carpet and carpet pad.
• Remove saturated contents, do NOT dispose, document, allow insurance adjuster to determine if salvageable. Save potential faulty parts and subcontractor logs in the event subrogration (legal means of seeking other another party’s resources for financial recovery) measures apply.

COMMUNICATION

• Review your Organizations Chain of Command & Procedures for Internal Reporting.
• Make sure your “phone/text tree” and alert systems are ready to activate your response, and to provide notifications to management, staff and occupants.
Tip: A few basic notification templates developed in advance will go a long way towards saving time and stress during a crisis.

For more information about the most common cause of property loss, Contact:

Christine Messina

 

Christine Messina, Vice President
AllRisk Property Damage Experts
TeamAllRisk.com
877.247.5252 24 Hrs
609.634.9960 cell
christine@allriskinc.com
Connect with us!
https://www.linkedin.com/in/christine-messina-b836073

Share

Avoid Lawsuits with Good Tenant Relationships

Avoid Lawsuits with Good Tenant RelationshipsThe best way to avoid lawsuits from tenants is by creating and maintaining good tenant relationships. Investing the time and money required to maintain and cultivate a positive working relationship with your tenants can be the difference between amicably settling differences and a costly lawsuit. Working on the relationship also creates value by maximizing tenant cooperation with timely rent payments, property upkeep and longer lease terms.

Download Printable Article (PDF) >>>

AVOID LAWSUITS BY SCREENING POTENTIAL TENANTS

Conducting a background check on prospective tenants is a wise way to ensure a mutually successful experience for you and the applicant, and it is an effective risk management tool. Background checks do present some costs, but the risk of not performing the screening on tenants could have more serious financial consequences, resulting in lost income, property damage and litigation costs. Elements of a thorough background check include the following:

• Criminal history
• Credit check
• Previous landlord verification
• Identity verification
• Employment verification

AVOID LAWSUITS BY TAKING CARE OF YOUR PROPERTY

Taking measures to properly maintain the premises sends a powerful message to tenants. It proves that you take your role as building manager seriously and encourages them to take pride in the condition of their rented space. Better, it could bolster relationships and lessen the probability that they will take legal action in the event of an incident or dispute.

Take these measures to be prepared for maintenance issues:

• Establish a procedure for dealing with maintenance requests that guarantees prompt service to tenant requests
and maintenance issues

• Create, clearly communicate and promptly enforce policies regarding shared spaces.

AVOID LAWSUITS BY TAKING SECURITY MEASURES

States and municipalities have differing legislation regarding the duties of building owners and managers. Although you may not be expected to guarantee the safety of tenants, visitors and guests, you must exercise reasonable care to protect them from foreseeable events. What’s more, security measures make tenants feel safe, strengthening your relationship with them and lowering the likelihood of a lawsuit. They can also potentially lower your insurance premiums.

AVOID LAWSUITS BY FOCUSING ON CUSTOMER SERVICE

Taking extra steps to make tenants feel welcome helps to create a cooperative relationship that is unlikely to end in legal litigation. Small gestures such as the following can dramatically improve the relationship you have with tenants:

• Prompt, polite responses to requests
• Support during moves
• Clearly outlined policies and swift enforcement for all tenants

AVOID LAWSUITS BY TRANSFERRING RISK

Even with positive landlord-tenant relationships, there are potential exposures that must be addressed with well designed property and liability insurance policies. For more information, contact the insurance professionals at Hardenbergh Insurance Group today.

Brian Blaston, Partner
Hardenbergh Insurance Group
phone: 856.489.9100 x 139
fax: 856.673.5955
email: brianb@hig.net
www.hig.net

Share

WCRE APPOINTED EXCLUSIVE AGENT TO MARKET 3 FORMER BB&T BANK LOCATIONS IN THE GREATER PHILADELPHIA AREA

WCRE | CORFAC International is pleased to announce that it has been appointed by Branch Banking and Trust Company (NYSE: BBT) as the exclusive sales agent to market 3 separate BB&T bank locations in the Greater Philadelphia Area.

Download Printable Press Release >>>

The 3 locations include two locations in Pottstown, PA and one location in Bensalem, Pennsylvania.

1830 E High Street in Pottstown is a 5,742 square foot building with 3 drive-thru lanes and great visibility along the highly traveled East High Street.

The 1111 Ridge Road location in Pottstown is 2,997 square feet with 3 drive-thru lanes and ample parking spaces.

The property at 2460 Bristol Road in Bensalem is a 3,889 square foot location equipped with 3 drive-thru lanes and just off the Pennsylvania.

All 3 of the opportunities represent great options for an investor or potential owner user/occupant. The locations present highly visible sites for retail or professional uses, as they are surrounded by various other retail attractions and professional offices.

We are very excited about the opportunity to continue building our relationship with BB&T. We are looking forward to replicating our past success of unloading BB&T assets with these three great properties” said Mitch Russell, associate of WCRE.

We are proud of our partnership with BB&T and look forward to continuing our successful relationship with a top-tier financial institution in the region,” said Jason Wolf, managing principal of WCRE.

A marketing brochure is available upon request and additional information can be found at the links below:

About WCRE

WCRE is a full-service commercial real estate brokerage and advisory firm specializing in office, retail, medical, industrial and investment properties in Southern New Jersey and the Philadelphia region. We provide a complete range of real estate services to commercial property owners, companies, banks, commercial loan servicers, and investors seeking the highest quality of service, proven expertise, and a total commitment to client-focused relationships. Through our intensive focus on our clients’ business goals, our commitment to the community, and our highly personal approach to client service, WCRE is creating a new culture and a higher standard. We go well beyond helping with property transactions and serve as a strategic partner invested in your long-term growth and success.

Learn more about WCRE at www.wolfcre.com, on Twitter & Instagram @WCRE1, and on Facebook at Wolf Commercial Real Estate, LLC. Visit our blog pages at ww.southjerseyofficespace.comwww.southjerseyindustrialspace.comwww.southjerseymedicalspace.com, www.southjerseyretailspace.comwww.phillyofficespace.comwww.phillyindustrialspace.comwww.phillymedicalspace.com, and www.phillyretailspace.com.

About BB&T

Branch Banking and Trust (B&BT) is a bank holding company currently based out of Winston Salem, North Carolina. BB&T has displayed aggressive growth across the country through acquisitions and mergers culminating in the recent merger with SunTrust. With the completion of this merger, the bank will be renaming itself and relocating its headquarters to Charlotte, NC. With over 2,000 branches across 15 states, BB&T offers commercial and consumer banking along with asset management, mortgage and insurance services to its clients. Additional information can be found at https://www.bbt.com/about-us/default.page.

 

Share

A Tenant for Your Commercial Rooftops-Commercial Rooftop Solar Installations

Commercial Rooftop Solar InstallationsCan rooftop solar installations increase the profitability of your commercial buildings? Lets explore your options. Experts say the US is past the point where solar is ‘alternative energy.’ In 2018 alone, a new solar project was installed in the US every 100 seconds. Although regulations and incentives vary state-by-state, commercial real estate owners in all 50 states are taking advantage of the benefits of adding rooftop solar installations to the buildings in their portfolio.

Download Printable Article (PDF) >>>

Up to now, the owner of the real estate also owned the solar system and was responsible for all maintenance. Starting in 2019, this isn’t necessarily the case for commercial real estate owners and investors in New Jersey. Now, commercial real estate owners in NJ can take advantage of Community Solar due to the newly unveiled/ launched NJ Community Solar Pilot program. Real estate owners in other states, such as Rhode Island, New York, and Maryland, have found great success with similar programs.

About the Program:

The Community Solar Energy Pilot Program enables utility customers to participate in a solar energy project that is remotely located from their property and is currently under development. Subscribers from the community pay for subscriptions. Funds from the subscriptions go to a Community Solar Project Owner or a Subscription Organization. The solar energy from that project goes into the electricity grid. The power from the grid is then delivered to the subscribers, who receive credit on their electric bills for their involvement.

Commercial real estate owners in NJ can take advantage of this program by working with an experienced Community Solar Project Owner. The Community Solar Project Owner pays the commercial real estate owner for use of their rooftop and is responsible for all aspects of the Community Solar Energy Pilot Program. The Community Solar Project Owner applies for the program, builds and maintains the solar system, and pays the taxes. Commercial real estate owners simply collect the checks!

Top 5 Perks for Commercial Real Estate Owners:
• Portfolio’s net operating income is immediately increased
• Additional positive cash flow line item is added to the corporate balance sheet
• All costs for the solar projects’ viability and development process are paid for by the Community Solar Project Owner
Ongoing ownerships costs are absorbed by the Community Solar Project Owner
• Additional property tax on the solar equipment is paid by the Community Solar Project Owner

For more information, NJ C/I Real Estate Owners can contact:

Jacob Yaeger
Managing Principal
Green Skyline Solar
267-994-8723
JYaeger@GreenSkyline.Solar

Green Skyline Solar is a vertically integrated partner in the deal-flow process in utility scale, Community Solar, and large net-metered solar projects. Green Skyline Solar’s investor consortium has leased/ purchased and developed 75% of the first Rhode Island Community Solar program equaling $50M in investment capital and 20% of the first Maryland Community Solar program equaling $30Min investment capital. Green Skyline Solar’s team has developed over 500mW nationwide.

Share

Is Real Property Subject to NJ Sales & Use Tax?

Is Real Property Subject to NJ Sales & Use Tax

Is Real Property Subject to NJ Sales & Use Tax

Is the new construction, renovation, repair, and maintenance of Real Property subject to NJ Sales & Use Tax? While we can generalize, there is no easy answer to this question as there are many variables that need to be considered to make a proper determination. Additionally, your contractor often isn’t much help as they simply just charge tax or solicit an exemption certificate from you to protect themselves with little thought as to the actual taxability of the services to be provided. That being said, let’s see if we can simplify things.

Dowload Printable Article (PDF) >>>

MATERIALS & SUPPLIES – NJ Sales & Use Tax

In NJ a contractor is deemed to be an individual or business entity engaged in the business of improving, altering, or repairing real property. By law, contractors are the consumers of materials & supplies they purchase in the course of performing their services and as such are required to pay NJ Sales or Use tax on these purchases unless the work is for an exempt organization, a qualified business in an Urban Enterprise Zone, and a qualified housing sponsor, or they hold a valid direct payment permit. Therefore, you should never pay NJ Sales or Use Tax on separately stated charges for materials & supplies billed by your contractor regardless of the type of work being performed. Your contractor is solely responsible for the payment of the tax on materials & supplies and it must be presumed that the tax is included in the separately stated charge.

CAPITAL IMPROVEMENT – NJ Sales & Use Tax

A NJ Contractor is performing a capital improvement when their installation of tangible personal property increases the capital value or useful life of the real property and the item(s) installed are permanently attached to the real property. The labor charge for a capital improvement is exempt from tax and should be supported by the issuance of an ST-8 Capital Improvement Certificate to your contractor. An analysis of the specific work to be performed needs to be done to see if the above criteria are met. To meet the criteria of an increase in capital value, a NJ auditor will often look to verify whether or not the project lead to an increased assessed value for local property tax purposes.

Further, in verifying the useful life of a project, a NJ auditor will review the accounting treatment of the project. If the project in question is not treated consistent with real property that has an increase in useful life for Internal Revenue Service purposes, it will likely not be considered to meet said criteria. Lastly, if the item(s) being installed are not permanently attached, the project will not be deemed a capital improvement exempt from tax. The permanently attached criteria is met when the item(s) are attached in such a way that its removal would result in substantial damage to the real property.

“TAXABLE” CAPITAL IMPROVEMENTS – NJ Sales & Use Tax

Despite what we note above regarding a capital improvement project, NJ law identifies three “taxable” capital improvements that regardless of the facts and circumstances are always taxable. They are landscaping services, the installation of hard-wired security, burglar, or fire alarm systems, and the installation of carpeting and other flooring. This is so even when these services are provided under a multi-trade construction contract for a new building or renovation. However, the incidence of the tax will vary. If you hire a contractor for a multi-trade construction contract and they directly perform a “taxable” capital improvement, you should be charged NJ Sales Tax and/or remit NJ Use Tax on these items. However, if your contractor hires a sub-contractor to perform a “taxable” capital improvement the incidence of tax is between your contractor and the sub-contractor.

REPAIRS & MAINTENANCE – NJ Sales & Use Tax

Labor charges for the maintaining, servicing, and repair of real property by a contractor are taxable. A repair is work that maintains the existing value of the real property or restores the property to working condition. They do not add value or prolong its life.

CONCLUSION

Generally, the new construction and renovation of real property is exempt from NJ Sales & Use Tax (other than “taxable” capital improvements) while the repairs & maintenance of real property are taxable. That being said, as noted above, great care should be exercised in determining a capital improvement versus repair & maintenance to ensure proper tax treatment.

Share

Share

Share