
Rev. Proc. 2002-22 (.pdf)
This revenue procedure specifies the conditions under which
the Internal Revenue Service will consider a request for a
ruling that an undivided fractional interest in rental real
property (other than a mineral property as defined in section
614) is not an interest in a business entity, within the meaning
of 301.7701-2(a) of the Procedure and Administration Regulations.
Rev. Proc. 2002-22 vs. 1031 Xpress
Program (.pdf)
Rev. Proc. 2002-22 specifies the conditions under which
the Internal Revenue Service will consider a request for a
ruling that an undivided fractional interest in rental real
property is not an interest in a business entity, within the
meaning of §301.7701-2(a) of the Treasury Regulations.
Rev. Proc.
2002-69 (.pdf)
The Treasury Department and the Internal Revenue Service
have become aware that taxpayers are unsure of the classification
for an entity that is owned solely by a husband and wife as
community property under the laws of a state, a foreign country,
or a possession of the United States. To alleviate this uncertainty
and in the interest of administrative simplicity, this revenue
procedure provides that the Internal Revenue Service will
respect a taxpayer's treatment of these entities as either
disregarded Entities or partnerships.
P.L.R. 200327003 Partnership
Defined (.pdf)
A company (Y) intends to acquire a fee interest in commercial
real property (the "Property") with its own funds.
The Property will be free of liens. Y will lease the Property
to a single corporate tenant (the "Lessee"). Rents
under the lease will be at fair market and will not depend
on the income or profits derived by any person from the leased
Property. The lease will be a triple net lease, under which
the lessee is responsible for all costs related to the Property,
including real estate taxes, maintenance, insurance, and repair
(the "Lease"). |