Tax Protection Agreements are essential tools in U.S. real estate and partnership transactions where property owners contribute appreciated property to partnerships or REITs. These agreements are particularly common when forming UPREITs or in situations where contributors seek protection from future tax liabilities. The Tax Protection Agreement typically includes provisions for protecting against built-in gains taxation, maintaining specified debt levels, and providing indemnification for breach of protection obligations. The agreement is governed by U.S. federal and state tax laws and requires careful consideration of IRC provisions and Treasury Regulations.
Your data doesn't train Genie's AI
You keep IP ownership of your information
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
OR
Let Ƶ's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
1. Parties: Identification of the protected party and the protecting party
2. Background: Context of the transaction requiring tax protection
3. Definitions: Key terms including Protected Gain, Protection Period, Protected Property
4. Tax Protection Obligations: Core protection commitments and mechanisms
5. Payment Provisions: Calculation and timing of protection payments
6. Term and Termination: Duration of protection and termination events
1. REIT Provisions: Special provisions applicable when the transaction involves Real Estate Investment Trusts
2. Section 1031 Provisions: Specific protections related to like-kind exchanges when property is involved in such transactions
3. Refinancing Provisions: Protection related to debt refinancing when protected property involves significant debt
1. Schedule of Protected Properties: List of properties subject to tax protection
2. Schedule of Protected Partners: List of parties receiving tax protection
3. Tax Calculation Methodology: Detailed methodology for calculating protection payments
4. Built-in Gain Schedule: Schedule showing protected built-in gains by property
Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Find the exact document you need
LLC Taxed As C Corp Operating Agreement
A U.S. legal document governing an LLC that elects to be taxed as a C Corporation, combining LLC flexibility with corporate tax treatment.
Download
Double Taxation Form
A U.S. tax document used to claim relief from double taxation of income in multiple jurisdictions.
Download
Operating Agreement For LLC Taxed As S Corporation
A US-governed agreement establishing operating procedures for an LLC that has elected S Corporation tax treatment.
Download
Employee Retention Credit Agreement
A U.S. legal agreement establishing terms between an employer and service provider for Employee Retention Credit claim assistance under federal tax law.
Download
Tax Preparer Engagement Letter
A U.S.-compliant agreement establishing the terms and conditions between a tax preparer and client for tax preparation services.
Download
LLC Guaranteed Payment Agreement
A U.S.-governed agreement establishing guaranteed payments from an LLC to a member, independent of company profitability.
Download
Settlement Agreement Tax
A U.S. legal document that resolves tax disputes between taxpayers and tax authorities, establishing settlement terms and payment arrangements.
Download
Instalment Agreement
A U.S.-compliant legal agreement establishing terms for payment of goods, services, or debt in multiple scheduled installments.
Download
Taxation Agreement
A legally binding agreement establishing tax obligations and compliance requirements under U.S. federal and state tax laws.
Download
Tax Installment Agreement
A U.S. legal agreement allowing taxpayers to pay outstanding tax liabilities in scheduled installments to the IRS or state tax authority.
Download
Tax Abatement Agreement
A U.S. legal agreement between a government authority and business entity providing tax relief in exchange for specific economic development commitments.
Download
Tax Preparer Confidentiality Agreement
A U.S.-governed agreement establishing confidentiality obligations for tax preparers in accordance with IRS regulations and privacy laws.
Download
Tax Protection Agreement
A U.S. legal agreement protecting contributors against certain tax liabilities in real estate and partnership transactions.
Download
Tax Funding Agreement
A U.S. legal agreement establishing terms for funding tax obligations between multiple parties, including payment mechanisms and tax treatment considerations.
Download
Tax Exchange Information Agreement
A U.S.-compliant agreement establishing procedures for sharing tax information between authorities, ensuring compliance with federal and international tax regulations.
Download
Voluntary Withholding Agreement
A U.S. legal agreement establishing voluntary tax withholding between an employer and employee/contractor under IRC Section 3402(p).
Download
Agreement For Installment Payment
A U.S.-governed agreement establishing terms for debt repayment through scheduled installments.
Download
Unilateral Advance Pricing Agreement
A binding agreement between a taxpayer and the U.S. IRS establishing approved transfer pricing methodologies for intercompany transactions.
Download
Tax Allocation Agreement
A U.S. legal agreement that establishes how tax obligations and benefits are shared among members of a consolidated corporate group.
Download
Tax Payment Agreement
A U.S. legal agreement between a taxpayer and tax authority establishing terms for payment of outstanding tax obligations.
Download
Partial Payment Installment Agreement
A U.S.-governed agreement establishing scheduled partial payments for debt repayment between creditor and debtor.
Download
Fuel Tax Agreement
A U.S. legal agreement establishing terms for fuel tax collection and reporting between tax authorities and fuel handlers/consumers.
Download
Tax Indemnification Agreement
A U.S. legal agreement establishing one party's obligation to protect another against specified tax liabilities and related expenses.
Download
Tax Sharing Agreement
A U.S. legal agreement that establishes how tax obligations and benefits are shared among members of a consolidated corporate group.
Download
ұԾ’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; ұԾ’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)