Planning for the Rescue Capital Wave of 2023: Tax and Non-Tax Considerations for Rescue Capital Transactions
Recording of a 90-minute premium CLE/CPE video webinar with Q&A
This CLE/CPE webinar will provide holistic guidance on key tax planning issues in rescue capital transactions and discuss tax planning considerations for parties involved in such transactions, including (i) modifications to capital stacks and resulting changes to allocations and distribution rights (ii) debt verses equity considerations, (iii) managerial and control issues with respect to tax elections, and (iv) state and local tax pitfalls.
- Rescue capital structured as equity: modifications to the capital stacks
- Managerial control issues and tax elections
- Debt verses equity characterization considerations
- State and local tax planning and pitfalls
The panel will discuss these and other key issues:
- Many real estate investment vehicles are suffering from an “equity gap” in their capital structure due to inflation, higher interest rates, economic uncertainties and changing real estate usage.
- As a result, many properties with solid fundamentals are no longer financeable without an infusion of equity or equity-flavored debt. Lenders are much less willing to “extend and pretend” and many existing owners do not want to sell based on current valuations but will accept a “squeeze-down” to survive.
- “Rescue capital” is aggregating to provide the missing capital, but these transactions will require an understanding of complex “dirt,” tax, finance and insolvency issues.
Joshua M. R. Becker, J.D.
Pillsbury Winthrop Shaw Pittman
Mr. Becker is a Tax attorney with over 10 years of international law firm and accounting firm experience. He counsels... | Read More
Mr. Becker is a Tax attorney with over 10 years of international law firm and accounting firm experience. He counsels clients in a diverse range of tax, business, and private wealth matters. Mr. Becker's experience includes the tax and non-tax aspects of investment fund formations, private equity mergers and acquisitions, hedge funds, family office operational and investment structures, and real estate joint ventures and investments. Prior to joining Pillsbury, he was a founding member of a multi-family office and registered investment advisor dedicated to blockchain and digital asset investors, founders, and entrepreneurs.Close
Andrew J. Weiner
Pillsbury Winthrop Shaw Pittman
Mr. Weiner’s practice is global in scope, with a significant and sustained concentration on transactions in the... | Read More
Mr. Weiner’s practice is global in scope, with a significant and sustained concentration on transactions in the New York metropolitan area. Since 1976, Mr. Weiner has represented domestic and foreign clients in equity and debt transactions, the creation of real estate funds and joint ventures, and transactions involving distressed real estate. His practice has had a significant concentration in the hospitality and real estate investment trust (REIT) sectors, and in leasing. Mr. Weiner’s clients have included funds, family offices, institutional lenders, universities, non-U.S. investors and New York City developers.Close