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Timothy W. Donovan advises clients on a range of complex tax matters relating to business transactions, with a focus on real estate. Tim focuses on counseling clients on the federal income taxation of real estate investment trusts (REITs) and their operating partnerships, real estate funds, and joint ventures, as well as the tax implications to non-U.S. investors in U.S. real estate under the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA).

Tim regularly counsels public traded, non-traded, and private REITs, including mortgage REITs, real estate funds, and non-U.S. real estate investors on a variety of matters, including the tax aspects of mergers, acquisitions, and transactions. Tim also advises REITs on on-going operational matters, including representing them in requests for private letter rulings from the IRS on novel issues related to their qualification as REITs.

In addition, Tim collaborates with clients on the structuring and implementation of Section 1031 like-kind exchanges and Delaware statutory trusts (DSTs), as well as issues related to New York State and New York City real property transfer taxes.

Concentrations

  • UPREITs
  • DownREIT transactions
  • REIT conversions
  • REIT rollup transactions
  • Public and private debt and equity offerings

Capabilities

Recognition & Leadership

  • Listed, Chambers USA Guide, REITs: Tax, 2022-2023
  • Listed, The Legal 500 United States, Real Estate Investment Trusts (REITs), 2021-2023     
 
  • Member, American Bar Association Tax Section, Real Estate Committee and REIT Subcommittee, 2015-Present
  • Member, New York State Bar Association Tax Section, 2001-Present

Credentials

Education
  • J.D., Fordham University School of Law
    • Business Editor, Fordham Urban Law Journal
  • B.A., Northwestern University
Admissions
  • New York