For Investors · Attorneys & Partners

Big distribution year ahead? Put a portfolio in service before it closes.

Equity partners, contingency-fee litigators, and firm owners see income arrive in lumps. A tenanted Michigan rental portfolio closed in the right year delivers steady rent and a first-year depreciation deduction sized to the year that needs it. You will want the fine print; we lead with it.

Schedule an investor call → Read the passive loss rules
K-1 / W-2
Both Are Non-Passive Income
Dec 31
Placed-in-Service Deadline
Not Prorated
Bonus Depreciation
Direct
Ownership · No Sponsor
Read this first

You already know the passive loss rules exist. Here is how they land on a partner's return.

Partnership distributions from a law firm are non-passive, the same as salary. A rental loss is passive. The loss reaches your firm income only through an exception, and for most practicing attorneys that exception is a spouse who qualifies as a real estate professional on a joint return. Without it, the loss is suspended, shelters the portfolio's own rent, offsets other passive income, and releases on sale.

Where attorneys tend to have an edge: existing passive income.

Office building interests, fund investments, prior rentals, and limited partner positions are common on a partner's return. A cost-segregated portfolio offsets that income immediately, no status election required.

Where timing matters: the placed-in-service date.

Bonus depreciation is taken in full in the year the property is placed in service, with no proration. A portfolio that closes December 20 produces the same bonus deduction as one that closes in January, in the earlier year. If a large fee or distribution is landing this year, the closing date is a planning tool.

Where you should push back: anyone who skips recapture.

Depreciation lowers basis. On a taxable sale, the reclassified components are recaptured at ordinary rates and the structure's depreciation at up to 25%. The strategy is deferral and timing, best paired with long holds or 1031 exchanges, not a permanent exclusion.

Illustration

An equity partner, a contingency fee, and a December closing.

Composite example. Not a client, not a projection.

15-Door Portfolio · Wayne & Washtenaw · Closed December 18

$1.8M purchase, all cash from a fee settlement, spouse manages the portfolio

Partner with $650,000 in ordinary firm income plus a $900,000 contingency fee recognized in the same year. Spouse, formerly in commercial property management, qualifies as a real estate professional and the couple groups the rentals as one activity.

Portfolio
Purchase price$1,800,000
Gross rent (15 × $1,400/mo)$252,000
NOI after management (45% expenses)≈ $138,600
Unlevered yield7.7%
Days of ownership in year one13
Tax Year One
Depreciable basis (85%)$1,530,000
Bonus depreciation (25% reclassified)$382,500
Regular depreciation (half of December)≈ $1,700
Rent received in year one≈ $5,000
Reported loss, approx.≈ ($380,000)
Federal + MI value at 37% + 4.25%≈ $157,000
What this illustrates. Thirteen days of ownership produced the full bonus deduction against a $1.55M income year, because the spouse's real estate professional status made the loss non-passive. The federal cap on excess business losses (an indexed threshold roughly in the $600,000s for joint filers) was not reached here, but a larger portfolio could hit it, and any excess would carry forward. From year two the portfolio simply earns its 7.7%, sheltered for years by the remaining depreciation.
Why attorneys work with us

Clean paper, direct ownership, no sponsor between you and the asset.

You own the real estate. We are the seller.

No syndication, no fund, no promote, no lockup. Title in your entity, your lender if you want one, your manager. You can sell, refinance, or exchange on your own timeline.

A diligence package you can actually review.

Leases, estoppels where obtainable, rent ledgers, title commitments, inspection notes, and our underwriting. Shared under NDA before you commit.

Entity and 1031 fluent.

We close to LLCs, trusts, and tenancy-in-common structures routinely and coordinate with qualified intermediaries on exchange timelines.

A buyer when you exit.

We buy portfolios every month. When you want out, we are a ready bid, or we help you trade up into a larger portfolio through an exchange.

Frequently asked

What attorneys ask first.

If we already hold the portfolio or have it under contract, yes: 30 to 45 days is normal for a cash purchase. Financed purchases need 45 to 60 days. Sourcing a new portfolio to spec takes longer, so if year-end matters, start the conversation by early fall.

Generally, the property is placed in service when it is ready and available for its intended use. A tenanted house you own at closing is in service on the closing date. Your CPA confirms the date for your return; we provide the closing documentation.

Without a real estate professional in the household, the loss is passive. It still shelters the portfolio's rent and any other passive income you have, and it releases on sale. Many dual-professional households buy on those terms because the portfolio stands on its own; the deferral is a bonus rather than the thesis.

Yes, and we prefer it. We share the underwriting package with your advisors, join calls, and adjust structure (entity, closing date, allocation of price between land and improvements where supportable) to what they recommend.

If this year is the year, let's talk this month.

We'll show you what can close before December 31, and we'll be candid about what cannot.

Schedule an investor call →