09/05/2023
Donations of conservation easements, and Rehabilitation Credits. Similar, yet different.
Just a heads up. A very big player in the use of Rehabilitation Credits, GBX PR LLC is currently embroiled with the IRS, as a result of an Examination [audit]. The case is here: https://lnkd.in/ezKkcP2d
Now, a visit to the website of the company shows really impressive work in rehabilitating older buildings, and restoring a very pleasing ambiance. And much of this was spurred by the use of a federal rehabilitation credit [IRC §46].
Well and good, I say.
But the IRS audit, which is ongoing, is targeting "donated historic easement and development rights", not the §46 credits. This is significant. The credits are essentially issued by the National Park Service. So, they are "bulletproof". Whereas donated easements, well, there has been a lot of abuse in the area, and the IRS is in "beast" mode.
In this case, IRS has proposed additional tax and penalties of $39 million.
That is where this matter is now. Just an IRS Notice of Determination. The next stop will be US Tax Court. Which might mean a hearing no less than 12 months from now.
Who cares? Well, a lot of individual investors which fund these projects will care. And if the IRS prevails, those taxes and penalties will flow through, several years from now to prior tax returns. And? Three years or so of elevated interest plus penalties will raise the final bill by almost 50%. This audit was for just one year, 2019. If IRS prevails, they will go after more years, and more LLC's. [There are 80 LLC's] 🤔
So, if you are an investment adviser or a CFP with Clients in these types of investments, brace yourself. BOLO - Be on the lookout. 🕵♂️ And you might ask syndicators of these deals whether they are dealing with the §46 credits or the more risky donations.
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United States of America v. GBX PR LLC
docs.justia.com • 26 min read
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