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Articles Posted by Catherine DeBono Holmes

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An Analysis and Protocol for Determining Legal Remedies for EB-5 Investments in Distressed Projects

This article was first published by the IIUSA Regional Center Business Journal and is reprinted with permission. All real estate development projects are subject to risks that the developer or project owner will not complete a project or will not meet operating projections, but the Covid-19 pandemic has substantially increased…

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How the Final IRS Opportunity Zone Regulations Impact Real Estate Investment and Development in Qualified Opportunity Zones

The final IRS Regulations released December 19, 2019 modify and clarify some of the previously proposed regulations, and retain most of the previously proposed regulations, for real estate investors and developers in Opportunity Zone projects.  The IRS Release of the final Opportunity Zone regulations – consisting of 350 pages of…

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Are You Eligible for Tax-Free Capital Gains? How Business Founders and Investors Can Exclude Up to 100% of Their Capital Gains from Federal Income Taxes under the Qualified Small Business Stock Exclusion

The following article is reproduced with permission from Copyright 2019 The Bureau of National Affairs Inc. (800-372-1033) www.bna.com. Summary: The qualified small business stock exclusion allows qualified business founders and investors to exclude from federal income tax some or all of the capital gains they realize on qualifying stock sales.…

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EB-5 Sponsors: Capital Redeployment Can Raise Questions and Increase Litigation Risks

Two years after the U.S. Citizenship and Immigration Services (USCIS) adopted Policy Manual changes addressing requirements for the redeployment of capital contributions of EB-5 investors until the end of their two-year period of conditional permanent residency, it has not provided any further guidance on these issues.  EB-5 sponsors have been…

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How the Latest IRS Opportunity Zone Regulations Help Real Estate Developers Qualify for Opportunity Zone Tax Benefits

By Catherine Holmes, Brad Cohen and Jamie Ogden The latest IRS Proposed Regulations Released April 17, 2019 provide greater flexibility to real estate developers seeking capital from investors for Opportunity Zone projects. Some of the problems posed for real estate developers and others under the new Opportunity Zone (“OZ”) tax…

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Opportunity Zones and U.S. Hotel Development

Recent posts on the Investment Law Blog have focused on Opportunity Zone Funds, a new source of financing for real estate development projects, created by the Tax Cuts and Jobs Act of 2017. While these articles have focused broadly on real estate investment, I recently spoke with Bryan Wroten of…

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Catherine DeBono Holmes recognized by EB5 Investors Magazine as a “Top 15 Corporate Attorney” for the second year

LOS ANGELES—Jeffer Mangels Butler & Mitchell LLP (JMBM) is pleased to announce that Catherine DeBono Holmes has been included on EB5 Investors Magazine’s list of “Top 15 Corporate Attorneys” for the second year in 2018. Chair of the firm’s Investment Capital Law Group and author of the Investment Law Blog,…

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Proposed IRS Regulations Offer More Potential Uses of Opportunity Zone Funds for Real Estate Development

By Catherine Holmes, Brad Cohen and Guy Maisnik On October 19, 2018, the IRS issued the first set of proposed regulations and a New Revenue Ruling on new Internal Revenue Code Section 1400Z-2 governing Opportunity Zone investments. Under the new Opportunity Zone tax law, taxpayers who realize taxable capital gains…

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How Real Estate Developers Can Use Opportunity Zone Funds to Finance New Real Estate Projects

by Catherine DeBono Holmes and Bradford S. Cohen Real estate developers have a new source of investment for their development projects, created by the Tax Cuts and Jobs Act of 2017 A new tax incentive for investment in low-income areas designated as “Opportunity Zones” was included in the Tax Cuts…

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Fiduciary Duties of General Partners and Managers in Connection with Redeployment of EB-5 Capital

Now that the USCIS has issued guidance requiring redeployment of capital proceeds received by a new commercial enterprise (“NCE”) from repayment of its initial investment in a job-creating entity (“JCE”) for EB-5 investors who have not completed their “sustainment period,” every General Partner or Manager of an NCE will need…

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