Sanford C. Presant

Sanford C. Presant

Shareholder

Sanford C. Presant, Chair of the firm's Real Estate Fund Practice, focuses his practice on providing fund and joint venture best practice business and tax structuring advice to sponsors of the leading real estate private equity funds, REITs, and their local partners and investors in the U.S. and internationally.

Sandy has more than 30 years of experience as a tax and business lawyer for major funds and real estate companies. He has structured and negotiated the tax and business aspects for over 100 real estate funds (including their internal general partner structuring and executive compensation) in the U.S., Europe, Latin America and Asia, and more than 500 joint ventures (partnerships and LLCs) as both a corporate and tax attorney. Sandy is a well-known author and frequent lecturer on these topics as well. Sandy was the National Co Chair - Real Estate Fund Services at Ernst & Young from 2000 - 2005 and was Chair of DLA Piper’s Real Estate Fund Practice.

Sandy served as National Chairman of the American Bar Association's Committee on Partnership Taxation, is a member of the ABA Task Force on Debt Restructurings and Bankruptcy, and chaired the ABA Task Forces on Publicly Traded Partnerships and Partnership Tax Allocation Rulings. He is on the Tax Policy Steering Committee of the State Bar of California, on the advisory board for California CEB's Advanced Tax Planning for Real Estate Transactions, on the Board of Advisors of the Loyola Law School Tax LL.M. Program, and is a member of the Advisory Board for CCH's Journal of Passthrough Entities. He has been a regular guest commentator on the PBS program The Nightly Business Report and was a presenter at the 1993 California Economic Summit. For 15 years, Sandy was an adjunct professor at New York University's Real Estate Institute. He speaks annually at a number of the principal tax conferences throughout the country.

Sandy was a program director of the 2003 NAREIT Law and Accounting Conference. He currently is a Co-Chair (and founder) of PLI's Annual Real Estate Tax Forum in New York. He is the co-author of the two-volume treatise Tax Aspects of Real Estate Investments. In 2007, he was named a California Super Lawyer, as the result of a joint research project by Law & Politics and Los Angeles magazines. He is listed in The Best Lawyers in America.

Sandy has substantial experience in structuring funds and joint ventures to minimize UBTI, including the use of blocker structures reducing the withholding and tax for cross border investors and tax-exempts, public and private REITs, hotel net lease structures that minimize leakage, and fractions rule compliant structures.

Concentrations

  • Real estate funds
  • Joint Ventures
  • General partner executive compensation
  • REITs
  • Workouts and tax exempt investors (UBTI)
  • Debt restructuring
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Capabilities

Experience

  • Represented more than 50 of the leading private equity fund sponsors and a number of public and private REITs.
  • Structured and negotiated the business and tax aspects for over 500 major real estate joint ventures and private equity fund sponsorships.
  • National Chairman of the Real Estate Funds Practice at DLA Piper.
  • National Co-Director for Real Estate Funds Services at Ernst & Young, where he developed a partnership agreement diagnostic process that provides fund general partners with recommendations about industry best practices that reduce risk and costs in funds, joint ventures and within the general partner group.

Recognition & Leadership

  • Listed, The Best Lawyers in America, Tax Law, 2008-2018
    • "Lawyer of the Year," Tax Law, Los Angeles, 2014
  • Listed, Super Lawyers magazine, Southern California Super Lawyers, 2007-2008, 2010-2016, 2018
  • Listed, Chambers USA Guide, 2011-2018
  • Team Member, a U.S. News - Best Lawyers®, "Law Firm of the Year" in Real Estate Law, 2015
  • Team Member, a Law360 "Real Estate Practice Group of the Year," 2013 and 2015
  • Team Member, The Legal 500 United States, "Top Tier" Firm in Real Estate, 2013 and 2014
  • Listed, The Legal 500 United States, 2013
  • Team Member, Chambers USA Award for Excellence, Real Estate, 2013 and 2017
  • Listed, Who’s Who in American Law
  • Rated, AV Preeminent® 5.0 out of 5

AV®, AV Preeminent®, Martindale-Hubbell DistinguishedSM and Martindale-Hubbell NotableSM are certification marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies.

  • Member, American Bar Association Task Force on Section 108: Bankruptcy and Workouts, 1991-Present
  • Member, NAREIT’s Small Business/Passthrough Entities Tax Task Force
  • Member, Tax Policy Advisory Committee (TPAC) of the Real Estate Roundtable
  • Cabinet Member, Real Estate and Construction Division of the Jewish Federation, 2010
  • Affiliated Member of Madison Who's Who, 2010
  • Program Director, NAREIT Law and Accounting Conference, 2003
  • Chairman, American Bar Association Tax Section Task Force on Publicly Traded Partnerships, 1995-2000
  • Chairman, American Bar Association, Committee on Partnership Taxation, 1992-1994
  • Advisory Board, Advanced Tax Planning for Real Estate, CEB, 1993
  • Chairman, American Bar Association Task Force on Tax Allocations, 1988-1990
  • Chairman, American Bar Association Tax Section Subcommittee on Partnership Tax Allocations, 1986-1990
  • Chairman, American Bar Association Tax Section Subcommittee on Partnership Audit Procedures, 1984-1986
  • Member, ABA Task Force on President’s Tax Proposals to Congress, 1985
  • Member, Options Task Force, U.S. Securities and Exchange Commission, 1976-1978
  • Board of Advisors, Loyola Law School, Tax LL.M. Program
  • Member, Century City Bar Association
  • Member, Pension Real Estate Association

Credentials

Education
  • LL.M., Taxation, Georgetown University Law Center, 1981
  • J.D., cum laude, State University of New York at Buffalo Law School, 1976
  • B.A., Cornell University, 1973
Admissions
  • California
  • New York