Our domestic and international lawyers have decades of commercial real estate experience, including as published authors, frequent lecturers and panelists at conferences and seminars, and law professors. We also are experienced real estate litigators, bringing strong negotiation and risk mitigation skills to every transaction.
Harris Bricken draws on its deep attorney knowledge base in tax law, international law, corporate law, immigration law, and regulatory law in the context of your business’s real estate transactions and disputes. We can help you close the deal.
The U.S. real estate market has historically been perceived as a safe haven in times of economic uncertainty. Today, low interest rates and taxes, a relatively stable U.S. economy, and the liquidity and transparency of the domestic real estate market have contributed to an acceleration of activity– including a record amount of foreign investment. We regularly handle real estate transactions in California, Washington, and Oregon for both domestic and international clients.
If you are a foreign individual or company looking to establish a presence in the U.S., you will face many of the same issues as U.S. citizens and companies, including:
- Finding the best location and negotiating the best price
- Acquiring the property while minimizing legal and business risk
- Navigating complex regulatory structures
- Structuring sensible financing
- Making strategic entity decisions and minimizing tax liability
- Obtaining necessary permits and licenses for construction and operation
- Dealing with zoning, restrictive covenants, and encumbrances
- Finding and enlisting construction, title, and other service providers
- Preserving anonymity when possible
Our attorneys can help you choose the best vehicle and posture for owning real estate based on your specific goals. Key considerations typically include the type of property you want to acquire, how long you want to hold it, and the income you expect it to produce.
For foreign investors, ownership through a U.S. or foreign corporation can mean double taxation on dividends, but this penalty may be outweighed by certain advantages of the corporate form. Those advantages may include: low taxation in your home country, immigration opportunities, and various estate and gift tax advantages.
Both domestic and foreign investors will want to consider U.S. state and local tax implications, as well as federal tax mitigation and deferral techniques. Every transaction is unique, just like every piece of land. We can help you get it right.
If you are considering investing in real estate in Spain, we can help you close your transaction and navigate the bureaucratic hurdles that can make the process daunting. Our office in Barcelona makes us perfectly suited to help you leverage the best real estate opportunities.
In addition to conducting thorough due diligence on your targeted property, we can help you negotiate and draft the necessary contracts, expedite rental, touristic, or business permits, and provide the legal advice you need so your purchase closes successfully.
Our expertise covers the entire conveyance transaction and beyond, including issues regarding ownership, finance, taxes, and estate and inheritance issues. We will guide you through the transaction and help you resolve possible pitfalls in advance. We work with a vast network of trusted local and international professionals and we can put you in contact with Spain’s top realtors, bankers, and architects. We also assist in navigating Spanish bureaucracy and preparing all documentation, in closing transactions successfully in front of Spanish public notaries, and in getting title registered.
Our services in Spain include the following:
- Due diligence on real estate investment opportunities, whether you are interested in office buildings, hotels, warehouses, or land, including zoning and land use regulatory restrictions
- Analysis of the investment and its financial feasibility, including tax planning
- Legal and tax advice on the vehicle of investment and its structure
- Setting up your Spain entity for the real estate purchase and securing your company’s Spanish tax ID
- Legal services related to the purchase transaction, including negotiating and drafting of contracts and reviewing public notary deeds
- Reviewing regulatory compliance, including confirmation of necessary documentation and processing of required permits, particularly tourist and rental permits
- Negotiating and drafting rental contracts
- Financial management of the real estate investment in Spain; and assistance in opening a bank account and assisting with anti-money laundering clearances and financing
- Assist with non-resident income tax and wealth tax returns
- Immigration law, including Spain Golden Visas
- Real estate litigation and alternative dispute resolution