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Hamptons.com
January 28, 2016

Will The Treasury Department’s Investigation Of Luxury Homes Purchased With Cash By An LLC Draw Attention To The Hamptons?

John A. Viterittiby John A. Viteritti
in Real Estate
Home Real Estate

This month, the Treasury Department announced that it will begin investigating cash purchases of real estate by LLC’s in Manhattan over $3 million, and Miami-Dade County in Florida over $1 million. An article that appeared in the January 13th issue of The New York Times stated: “It is the first time the federal government has required real estate companies to disclose names behind cash transactions, and is likely to send shudders through the real estate industry.” The article quoted a top Treasury official, Jennifer Shasky Calvery, who stated, “We are concerned about the possibility that dirty money is being put into luxury real estate.” Depending upon Treasury’s findings in the two target areas, the department could develop reporting requirements across the country.

The use of LLC’s as a business form is common across the country. In 1977, Wyoming became the first state to enact LLC legislation. Florida followed suit in 1982. In 1988, the IRS issued a ruling that an LLC in Wyoming would be treated as a partnership for tax purposes. Subsequently, nearly every state in the U.S. enacted statutes recognizing LLC’s as a legitimate business form. Basically, an LLC combines the benefits of a partnership with the protection of a corporation: Its income is taxed once, and it provides protection from personal liability. Obviously there are legitimate reasons for doing business as an LLC, including purchasing a luxury home.

Using data provided by Judi A. Desiderio, Chief Executive Officer of Town & Country Real Estate, the 4th quarter of 2015 showed three villages in the Hamptons with home sales in excess of $3 million, the price at which the Treasury is investigating cash purchases by LLC’s in Manhattan. East Hampton Village had 13 purchases at a median price of $3.995 million, Bridgehampton, which includes Water Mill and Sagaponack, had 55 purchases at a median price of $3.950 million. Southampton and Amagansett, while close, were under the $3 million price. “Most of these purchases were LLC’s,” noted Desiderio.

I posed the following questions to Christopher D. Kelley, Senior Partner of the law firm, Twomey, Latham, Shea, Kelley, Dubin & Quataro. What percentage of your real estate transactions are all-cash LLC’s, and what is the most common reason for it? “I would say that 60 to 70 percent of my transactions involve all-cash buyers through LLC’s,” he answered. “Many of the buyers are celebrities. They want to protect their privacy. Since all sales are a matter of public record, they don’t want everybody to know how much they paid and the location of the property. Only about 20 percent are financed by a mortgage, and these are the lower priced properties.” I also inquired, since a benefit of an LLC has to do with taxes on income, do these properties have to be income producing or could primary and secondary homes also qualify? “The properties do not have to be income producing, and yes, primary and vacation homes may also be purchased by an LLC, and 1031 Exchanges may also be conducted through LLC’s,” he said. (Author’s Note: 1031 is a Section of the Tax Code that allows for the deferment of taxes on a transfer of like-kind investment properties that would otherwise be due.)

To get the perspective of a real estate agent who has a history of dealing in luxury sales in the Hamptons, I spoke to Paul Brennan, Associate Broker with Douglass Elliman. I asked him when looking at the market over $3 million, how many are cash buyers as LLC’s? “I would say the majority are cash buyers through LLC’s,” he responded. “They may finance the purchase through other assets, but not through a mortgage. So there are no mortgage contingencies in the purchase.” And why would they want to purchase through an LLC? Like Christopher, his answer was: “They want to maintain their privacy, although the name of the LLC is often the street address.”

The Treasury’s investigation is especially focusing on title insurance companies. One that I spoke to declined comment.

Buying real estate through an LLC is perfectly legitimate. But the Department of the Treasury and the Federal Bureau of Investigation are determined to continue and broaden their investigations. Even assuming no wrong-doing, it could require those engaged in real estate to go through extra efforts to satisfy the investigators.

“I’m sure everyone will be watching closely any laws coming down regarding real estate closings to LLC’s on the high end,” added Desiderio.

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  • The Animal Rescue Fund of the Hamptons (ARF Hamptons) hosted the Bow Wow Meow Ball in East Hampton. The evening’s honorees, Ellen and Chuck Scarborough, were presented with the Champion of Animals Award, recognizing their more than twenty-five years of support to ARF. ⁠
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Over 400 guests celebrated ARF’s remarkable work with cocktails, followed by dinner catered by Olivier Cheng. Peter Marino, accompanied by his daughter and ARF Board Member Isabelle Trapnell Marino, presented the Scarboroughs with their award. ⁠
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📸: Patrick McMullan/PMC⁠
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Check out the full gallery at Hamptons.com (Link in Bio)⁠
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#arf #bowwowmeowball #hamptons #animalrescuefund #animalrescue
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  • I recently toured the new Rolex Boutique by London Jewelers in East Hampton, and it’s one of the most beautiful retail spaces I’ve ever stepped into. Located on Newtown Lane, the boutique is set inside a restored historic home that dates back to 1897, originally designed as a summer cottage.⁠
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From the outside, it has that classic East Hampton charm, cedar shingles, white trim, and lush landscaping. But once you step inside, it’s all about quiet sophistication.⁠
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The space is warm and welcoming, with walnut wood paneling, soft neutral tones, and beautiful textures throughout. There’s a fluted marble wall in a rich green Verdi Alpi stone that immediately catches your eye. It’s one of those details that’s understated but unmistakably Rolex.⁠
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#rolex #easthampton #hamptons #luxury #watch⁠
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Watch the riveting Men’s US Open Final with drinks, grilled classics & fellow tennis fanatics in the lush garden.⁠
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🦞 Montauk Seafood Festival⁠
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The ultimate seafood event in the Hamptons! Lobster rolls, fish tacos, chowder, oysters & more 🐚🍤⁠
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🩰 Master Class w/ Kat Wildish⁠
📅 Sat, Sept 6⁠
📍 Hamptons Ballet Theatre School, Bridgehampton⁠
Open-level adult ballet class with world-renowned former NYCB & ABT dancer Kat Wildish. One day only!⁠
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🎶 Hamptons Festival of Music⁠
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🌾 Outstanding in the Field (Sagaponack)⁠
📅 Sun, Sept 7 • 3PM⁠
Dine where the food is grown! Guest chef Jason Weiner returns for his 19th year 🍽️🌱⁠
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😂 Samantha Bee Live⁠
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📍 WHBPAC, Westhampton Beach⁠
Award-winning comedian Samantha Bee brings her one-woman show to the Hamptons!⁠
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🍴 Stirring The Pot: Andrew Carmellini⁠
📅 Sun, Sept 7 • 11AM⁠
📍 Guild Hall, East Hampton⁠
NYT’s Florence Fabricant interviews star chef Andrew Carmellini about his restaurant empire.⁠
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🌕 Full Harvest Moon Hike⁠
📅 Sun, Sept 7 • 7:30PM⁠
📍 Meet at SOFO Museum, Bridgehampton/Sag Harbor Tpke⁠
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🎨 Style Beading Workshop⁠
📅 Fri, Sept 5 • 1PM⁠
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Join Indigenous artist Savannah LeCornu to learn traditional beading techniques.⁠
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⛳ A Legendary Day at Sebonack!⁠
📅 Tues, Sept 9 • 8:30AM–5PM⁠
📍 Sebonack Golf Club, Southampton⁠
An unforgettable day of golf supporting Westhampton Beach PAC 🌟⁠
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👉 Which event are you going to this weekend?⁠
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  • Hamptons fashion week was hosted at Zoe Hospitality Private Membership Club, featuring designer Johnny Was, Porshia Swim, Vernice Holmes, Atelier H, Cesar Galindo, SixyByVenice and Ines Hernandez Hats.

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  • As the summer comes to an end, it’s time to find out what everyone was reading this summer.
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