REAL ESTATE

Experts in Real Estate

The ETL GLOBAL Real Estate Group is a interdisciplinary team of experienced (mostly European) professionals with a focus on real estate clients. Accordingly, the ETL GLOBAL Real Estate Group is dedicated to provide top-tier advisory services for the real estate market. The team comprises seasoned experts with extensive expertise in navigating complex real estate regulations in their respective countries.

By upholding the highest standards of professionalism, the group provides accurate, reliable, and timely advice. Leveraging the ETL GLOBAL Real Estate Group’s deep industry knowledge and global best practices, clients will optimize their strategies and achieve full compliance in terms of tax, accounting and legal aspects through innovative solutions tailored to the unique needs of the real estate industry.

Our SERVICES

TAX

Real Estate Investments

  • Choosing an efficient ownership structure.
  • Tax Due Diligence for real estate acquisitions, transactional advisory.
  • Taxation of income from real estate investments.
  • Indirect and transactional taxes on real estate transactions  (VAT and real estate transfer tax).
  • Alternative forms of financing for real estate investment.
  • Tax-efficient exit from real estate investments.
  • Withholding taxes.

Real Estate Taxation in M&A and Reorganisations

Complex tax advisory at every stage of the company transaction or reorganisation, be it a merger, division, capital contribution or other form of transformation:

  • pre-transaction consultancy (tax due diligence).
  • comprehensive transactional support (transaction structures, tax risk and benefit analysis, documentation of economic rationale, negotiation and closing support).
  • post-transaction stage (compliance support, tax effective integration, ongoing tax advisory).

Construction / Development Business

  • Building site – verification of tax settlements under double taxation treaties, allocation of tax revenues and costs.
  • Tax settlement of a consortium / joint venture.
  • Cost segregation – settlement of all CAPEX / OPEX.
  • Tax risk management – verification of tax settlements.
  • Tax analyses and opinions, contract review.

Succession planning

  • Optimising the transfer of assets during lifetime or on death.
  • Valuation for inheritance/gift tax purposes.
  • Obtaining binding rules from the authorities.

Ongoing Real Estate Taxation

  • Advisory concerning tax depreciation.
  • Ongoing taxation of real estate lease and rental contracts.
  • Settlement of capital expenditures and property maintenance costs.
  • Assistance in tax and court proceedings.

Real Estate Tax

  • Real estate tax settlement (industry, office, commercial, warehouse, residential, PRS investment).
  • Tax efficient classification of assets.
  • Cost segregation.
  • Tax on income from buildings (so-called building minimum tax).

LEGAL

Transactional Advisory

  • Preparation and negotiation of transactional documentation (i.e.: LoI, preliminary agreements, the final SPA).
  • Legal Due Diligence.
  • Transaction management including notarization/execution.
  • Development and implementation of leasing arrangements.
  • Negotiation of loan and collateral agreements.
  • Support in closing the purchase and loan agreements.
  • Support in the post-closing phase.

Corporate Law

  • Formation of property companies.
  • Drafting and negotiation of contracts.
  • Acquisition/sale of properties through share deals.
  • Corporate housekeeping.
  • Majority/minority shareholder representation.
  • Support in contentious shareholder meetings.
  • Resolutions on the sale and liquidation of property companies.

Construction Law

  • Complying with national law regulations prior to commencing a project.
  • Selection of the appropriate form of a construction contract.
  • Engaging designers and professional consultants, including setting their terms and conditions.
  • Arranging performance bonds, collateral warranties, and parent company guarantees.
  • Addressing construction law issues in lease agreements and development contracts.
  • Meeting funders’ requirements and securing construction contracts that meet institutional standards.

Litigation

Support in disputes concerning inter alia:

  • warranty claims and tax indemnity claims arising from acquisitions and sales in both, asset deals and share deals.
  • calculation of the purchase price based on an effective date balance sheet in a share deal.
  • compensation or profit distribution claims arising from joint ventures.
  • termination of lease agreements.

REAL ESTATE RELATED ACCOUNTING SERVICES & ADVICE

Accounting Services

  • Accounts management and bookkeepiing.
  • Preparation of financial statements.
  • Calculation of covenants.
  • Tax returns and clearance requests.
  • Settlement of costs for conducted construction works against the budget.
  • Invoicing.
  • Settlement of completed investments.
  • Inventory of tangible assets.

Financial Advisory

  • Risk reviews.
  • Fund structuring and capital raising.
  • Due diligence and transaction support.
  • Project finance.

Audit Services

  • Audit of financial statements.
  • Internal audit.
  • Valuations.

CENTRAL CONTACT

Lorenzo Fabbri

Senior Associate at COCUZZA, Milan, Italy.

Lorenzo joined COCUZZA in 2018 and specialises in real estate and commercial law, with a particular focus on assisting international clients seeking to enter, invest in or expand their presence in the Italian market, as well as Italian companies in their domestic operations.

He provides legal assistance to companies and investors at every stage of their real estate and commercial projects, from the initial structuring of transactions through to the negotiation and drafting of contractual documentation. His practice encompasses property and company acquisitions, real estate development projects, commercial leasing, franchise agreements and transactions involving businesses and business units, with particular experience in the retail and luxury sectors.

He has been mentioned by The Legal 500 as a Key Lawyer in the Real Estate & Construction practice area.

Tomasz Wichary

Manager at MDDP in Warsaw, certified tax advisor and advocate.

Tomasz specialises in corporate income tax advisory for international capital groups, with a particular focus on the real estate sector. He has extensive hands-on experience in complex domestic and cross-border projects, including tax reviews and due diligence, restructurings and reorganisations, mergers and acquisitions, and withholding tax matters. His work combines strategic tax advisory with the practical implementation of solutions tailored to clients’ business operations.

He advises on complex matters requiring the coordination of tax, legal and business considerations across multiple jurisdictions. He also represents clients in complex proceedings before tax authorities and administrative courts.

 Tomasz is a lecturer and trainer delivering recurring and tailored tax training programmes.

ETL GLOBAL Real Estate News

Real Estate Company in Light of Polish Tax Regulations

Real Estate Company in Light of Polish Tax Regulations

The Essence of a Real Estate Company A real estate company is a specific category of entity distinguished under the Polish tax regulations. It may be either a capital company or a partnership. In practice, it refers to an entity that prepares a balance sheet in...

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