David Gitman, through his professional corporation, is a partner of the firm and has been advising clients with respect to various aspects of transactional law for more than 40 years.
David specializes in taxation. A substantial portion of David’s practice involves the federal income tax aspects of many different types of real estate transactions, including acquisitions, dispositions (including nontaxable dispositions, as described below), leasing, private placements and syndications, joint ventures, financing and development. Most of the business transactions David handles involve partnerships, limited liability companies, corporations and certain other entities, with respect to which David has extensive experience regarding both the tax and non-tax aspects, and in connection with formation, operations and dissolution.
David’s experience with real estate transactions includes planning, advising and structuring with respect to tax-free exchanges, involuntary conversions and other nontaxable transactions. Many such transactions are tax-free exchanges for entities having owners with different objectives for which sophisticated planning is necessary in order for the respective objectives of the owners to be achieved (for example, nontaxable treatment for one owner and a taxable liquidity event for another owner). In those situations, David counsels clients regarding the available alternatives and assists them in choosing an approach designed to balance practical considerations with tax efficiency.
Other areas in which David has experience include certain federal governmental tax benefit programs. David spent many years working on transactions involving the federal low-income housing tax credit program and the federal historic tax credit program. He also currently advises and works on transactions intended to take advantage of the federal benefits available under the qualified opportunity zone program created not long ago.
Aside from federal income taxation, David’s practice includes planning, advising and structuring with respect to California real property taxation, which is often a very significant component of real estate transactions. In this regard, he addresses issues and planning needs that arise not only in connection with transfers of real property itself, but also in connection with the complex rules that govern transfers of interests in entities which own real property. David’s experience in this area also includes representing taxpayers in addressing the relevant property tax issues with the County Assessor in the case of disputed reassessments.
David has extensive experience over many years with a vast array of real estate and other transactions that present a wide range of taxation and related issues. Such experience has made him uniquely qualified to advise clients with both practicality and efficiency in the effort to help them to achieve their goals.