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Alexander J. Szilvas

Alexander Szilvas has practiced tax law at Baker Hostetler for more than 20 years, and as a partner since 1995. His practice concentrates on the federal income tax treatment of businesses and real estate, which involves the taxation of individuals, partnerships, limited liability companies, regular and S corporations and their respective partners, members and shareholders. He assists a wide range of clients with their tax planning, from major public corporations to closely held businesses and their owners to entrepreneurs and investors.

Mr. Szilvas has significant experience dealing with the tax aspects of real property transactions and is the leader of the firm’s Real Estate Tax Transactions Team. He has substantial experience in advising on the tax considerations and structuring of acquisitions, dispositions, mergers, split-ups and other transactions involving real estate, as well as partnerships and other legal entities that own real estate. In addition, he assists clients with structuring, negotiating and documenting such transactions.

He has worked extensively in the area of tax-free like-kind exchanges of real estate under Section 1031 of the Internal Revenue Code, including complex planning under the deferred exchange, multiple property exchange and reverse exchange rules, as well as in the areas of tenancy in common structuring and installment sale transactions. Representative experience in this area includes serving as developer’s tax counsel and advising on the successful completion of 1031 exchange transactions involving more than a billion dollars of real estate in the last several years. These deals have included many high profile transactions across the country, involving properties such as well-renowned high-rise buildings in New York City, regional shopping malls in California and throughout the country, as well as large office buildings, hotels and apartment communities nationwide.

Mr. Szilvas has performed sophisticated tax and personal planning in other areas for developers, closely held business owners and real estate professionals, especially in areas relating to tax-preferred forms of ownership for holding assets, tax advantaged operating structures and wealth transfer transactions. He also has assisted clients realize considerable tax savings in the context of loan restructurings, workouts and debt modifications. He advises on strategies and structures for facilitating these financing transactions while optimizing the tax results.

Mr. Szilvas also has done significant work involving the tax planning, structuring and financing of projects utilizing federal and state tax credits and other governmental subsidies. He has particular experience advising on sophisticated joint ventures and leasing arrangements in the context of facilitating project financing and achieving tax efficiencies. These structures frequently involve the monetization of tax credits and the participation of tax credit investors. He has counseled on projects involving the renovation and restoration of landmark structures throughout the United States, including historic theaters, hotels, office buildings and facilities of higher education. Many of these have utilized combinations of federal and state historic tax credits, new markets tax credits and other subsidies.

Another area in which Mr. Szilvas has significant experience is tax controversy work and the successful resolution of such matters. He has represented clients in a variety of tax controversies in the federal court system, as well as at the Internal Revenue Service audit and appeals levels. These cases have involved many diverse substantive areas of the tax law, including debt/equity classification,  employee/independent contractor characterization, amortization of intangible assets and accumulated earnings tax application.

Mr. Szilvas was part of the Baker Hostetler tax litigation team that won a significant decision in the United States District Court regarding the status of a class of salespersons as independent contractors rather than employees. This case, Cleveland Institute of Electronics, Inc., v. U.S., is still the leading case decided under Section 3508 of the Internal Revenue Code, dealing with the tax treatment of real estate agents and direct sellers.

Mr. Szilvas has been a speaker on tax-related topics at numerous accredited continuing legal education programs, including the Cleveland Tax Institute, the Ohio State Bar Association Annual Convention and the Ohio CLE Institute. He has published outlines and articles on various tax topics, including an article that he co-authored in 2009 entitled, “IRS Reverses Position on Like-Kind Exchanges of Certain Intangibles, Creating Opportunities for Business Swaps and Intellectual Property Assets,” which was featured in the prestigious national publication BNA Daily Tax Report.