NYC Real Notes December 2009

Considerations For Foreign Investors Of U.S. Property

Foreign nationals can freely buy U.S. real estate for their own personal use as a residence, either in their own names or through corporations or other entities, without having to report to any government agency. Things get more complicated, however, when foreign nationals or entities go to sell U.S. real estate or co-op assets. The purchase of U.S. assets by foreign investors warrants estate planning in advance of the intended
acquisition. Foreign investors do not have the benefit of U.S. estate tax exclusions, which is $3,500,000 for 2009. U.S. estate taxes are based on the value of the property at death not the gain in value from the acquisition date.

Absent estate planning, a foreign investor’s estate can owe up to 46% of the value of the property in Federal tax upon his or her death. State and local tax obligations can increase the tax obligation to over 50% of the value of the property. Foreign investors can structure their acquisitions through off-shore entities to avoid U.S. estate and gift taxes. Income tax on the rental income or gain from a sale can also be avoided, depending on
the country of residence, by proper planning. Foreign investors can establish a holding corporation that is outside the U.S. either (i) in the country of residency or (ii) in a country with favorable tax rules such as Bermuda or the Bahamas. The holding company then establishes a U.S. subsidiary which then acquires and holds the U.S. asset. The foreign investor then owns stock in the foreign holding corporation. Upon death of the foreign investor, there are no estate taxes due as the transfer of shares of a foreign corporation are not subject to U.S. estate taxes.
There are two forms of apartment ownership in New York City, co-operative and condominium. Coop apartments require board approval. Such boards are generally very unreceptive to holding corporations purchasing into the co-op association. Condos are therefore better suited to foreign investors.

LAW OFFICE OF JOHN P. BRADBURY

Five Penn Plaza, 23rd Floor Phone: (212) 697-3529
New York, New York 10001 Fax: (212) 202-5046
jbradbury@nyrelaw.com
www.nyrelaw.com

The Top 6 Reasons To Price It Right

Incorrectly pricing an apartment for sale can be counter productive for the seller. Here are some of the most important reasons why:

1) An appraisal becomes problematic. If the buyer needs to get a mortgage the bank will have the apartment appraised. The sale will only close if the contract price is reasonably near recent closing prices.

2) The intimidation factor. "...This is such a high asking price. There's no way the owner will negotiate to a level I can agree to...". Fewer buyers will make offers on an over priced apartment. This is a counter productive situation for a seller who wants multiple offers and the highest price the market will bear.

3) The missing search. Buyers using the web will not find listings priced out of a reasonable search range. One example would be a studio asking $700,000. Few buyers are looking for studios asking this much.

4) Credibility. Under pricing an apartment can also be an issue for sellers. Buyers may interpret this as an indication either something is seriously wrong with the apartment (i.e. it's in awful condition, completely dark, etc.) or the size has been misrepresented; "...This can not be a real one bedroom. The price is so low that it's either a mistake or this apartment is really a converted studio....". If an apartment is to be "under priced" to try to spark multiple bids the ask still must be set correctly as part of the overall presentation.

5) Increased time on the market. An incorrectly priced apartment will probably take much more time to sell. The longer a listing is on the market the less credibility the asking price will have. Certain types of apartments also have a peak period of interest during the year. Missing a window like this can be costly.

6) Helping the competition. One of the classic tactics is using an incorrect higher ask price to help sell other apartments. A savvy seller will encourage a buyer to look at specific other properties because he knows the comparison is favorable.

The credibility and accuracy of a Real Estate ad will determine whether it's the start of a viable relationship between the buyer and seller or the conclusion. An incorrect asking price is an obstacle that causes many buyers to distrust the seller making an already challenging process more difficult. A savvy buyer understands that many over priced and badly presented apartments eventually sell at a discount because the seller runs out of time, money and patience.

The question now is not why it's important to price correctly; it's how to.

Don't Forget The Floorplan

"...This is an apartment I could be interested in, let's see the floor plan. Oh well, there is none. What do they not want me to know? Maybe the rooms are very small? I don't have time for this, next apartment...".

It's very important to have a floor plan for every apartment advertised. Many buyers will simply skip an ad because they can't get the information they need. Omitting a floor plan is a mistake new agents and for sale by owners make.

This can be hand drawn if necessary but critical that it have reasonably accurate dimensions so a buyer can begin to understand what the space is actually like. All ad components are an opportunity to show appealing aspects of the product. One good example is the floorplan below highlighting the unique shape of the bedroom - definitely different from it's competition:



Effective ads strike a balance between a level of accuracy and appeal.