Bloomberg BNA Tax Management Real Estate Journal: Something New in the Toolbox: The Installment Sale-Reacquisition Approach to Real Estate Development Projects
By: Mark E. Wilensky
In a fairly common fact pattern in the recent upward-trending real estate market, a taxpayer owns land or air rights that it wishes to develop into an income-producing asset. The taxpayer and a developer agree that the developer will acquire a portion of the taxpayer’s land or air rights provided that the taxpayer winds up owning an income-producing real estate asset on the property that it retains. In effect, the developer will construct improvements for the taxpayer in exchange for part of the taxpayer’s property.