It is not a secret that many commercial real estate loans standon shaky foundations. In-fact it has been recently estimatedthat a “sizable amount of the additional $700 billion in commercialreal estate loans coming due during that time frame are loans thatcould not get refinanced at existing levels in the current lendingenvironment”. This of course will lead to many foreclosures andcreate an investment opportunity for CRE buyers. However, for theunfortunate holder of the original asset there may be a potentiallyhuge tax consequence. There may also be a glimmer of hope in theform of a Zero-transaction.
Simply speaking a zero transaction is the acquisition of aproperty using a highly leveraged loan (loan to value usually 88%plus) with all rental income dedicated towards debt service, thusproducing “zero income” for the property owner. One of thevehicle’s applications is to defer tax liabilities incurred in acommercial foreclosure.
The Problem
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