It's not uncommon for CPAs to be left out of initial discussions when structuring real estate funds, and there are several reasons for this:
- Historical Roles: Traditionally, attorneys and general partners (GPs) have taken the lead in structuring real estate funds, with CPAs brought in later to handle tax and financial matters. This historical division of roles might lead to CPAs being excluded from initial discussions.
- Perceived Scope: GPs and attorneys may perceive the initial structuring phase as primarily legal in nature, focusing on regulatory compliance, fund agreements, and investment structures. While tax implications are significant, they might not be seen as central during the initial formation stage.
- Specialized Expertise: Attorneys and GPs often have specialized expertise in real estate law and investment strategy, which they prioritize in the early stages of fund development. CPAs, while essential for tax optimization and financial oversight, may not always be viewed as indispensable in the initial planning phase.
- Communication Gaps: There may be communication gaps or misunderstandings about the roles and contributions of CPAs versus attorneys and GPs. CPAs might not always be proactive in asserting their value in the initial structuring process, leading to their exclusion from early discussions.
However, recognizing the importance of CPAs in optimizing tax efficiency, mitigating risks, and ensuring financial compliance, it's beneficial for GPs and their legal teams to involve CPAs from the outset. By integrating CPAs into the initial discussions, real estate funds can be structured more effectively, with tax considerations and financial goals addressed comprehensively from the start, ultimately avoiding costly amendments and adjustments down the line.