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Real estate and investment funds

Concepts for real estate investments and investments in asset values

  • Real estate tax-law advice in all phases of the investment from the acquisition and holding period to the sale of real estate and real estate holdings
  • Taxation of investment funds
  • Tax-optimised financing of real estate projects, development of tax-optimised investment structures in the area of closed-end and open-end funds/AIF in Germany and abroad
  • Concepts for and implementation and restructuring of investment funds (AIF) in accordance with the German Capital Investment Code (Kapitalanlagegesetzbuch, KAGB) with a focus on real estate and asset values (e.g. aircrafts, vessels, renewable energies, investment limited partnerships and contractual investment funds) on all levels from the investor to the funds level and the assets
  • Tax-related support with respect to issuing and/or preparing a prospectus for investment funds (AIF), assistance regarding the preparation of sales documentation in accordance with the KAGB in relation to tax issues (e.g. prospectus, information memorandum, tax information, key investor document/key investor information document)
  • Advice regarding investment structuring through and/or in foreign investment funds, e.g. investment structures in Luxembourg, the US and the UK
  • Taxation of real estate investments of private investors and various types of institutional investors, taking into consideration possible (supervisory) legal and tax particularities, e.g. insurances, pension funds, foundations, non-profit investors, savings banks/banks, foreign investors

Real estate transactions

  • Tax-related transaction structuring on a national and international level in case of the purchase and sale of real estate (asset deals) and/or real estate companies (share deals)

- of all asset classes (commercial/office, retail, shopping centres, logistics, hotels, residential, managed properties, e.g. co-living, co-working, serviced apartments, student housing)
- of all acquisition and investment types, e.g. acquisition from property developers, forward deals, club deals, portfolio investments of contractual investment funds

  • Tax-related transaction advice: tax due diligence and tax advice regarding contract negotiations
  • Post-closing advice, e.g. preparation of a summarised presentation of the transaction to include the investment into the ongoing administration, accounting and tax consultancy

Restructuring of real estate investments

  • Tax-related restructuring of real estate financing
  • Tax-related restructuring of (investment) funds in accordance with the German Investment Products Act (Vermögensanlagengesetz, VermAnlG), the German Investment Act (Investmentgesetz, InvG) and the KAGB

Ongoing tax advice on the management of real estate

  • Individual questions regarding tax declarations, company audits or binding information
  • Tax-related issues concerning the ongoing management of investment funds (funds management), e.g. preparation of information letters for investors, implementation of investment tax-related requirements of funds management, implementation of tax requirements of the contractual framework of contractual investment funds and their investments as well as the associated contracts
  • Tax-related issues concerning the ongoing management of real estate (asset management), e.g. income tax and VAT-related questions regarding lease agreements, asset management and property management contracts
  • Advice to real estate capital investment companies with respect to tax-related issues resulting from products and investments regarding the ongoing management, e.g. recording and documentation of input tax adjustments pursuant to Sec. 15a of the German Value Added Tax Act (Umsatzsteuergesetz, UStG) or reverse charge revenues pursuant to Sec. 13b UStG

Contact us

Dr. Stefan Diemer, Partner

Martina Sradj, Partner