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Michael J. Fellerman
12505 Park Potomac Avenue
6th Floor
Potomac, MD 20854
F (301) 230-2891
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Michael Fellerman’s clients rely upon him to achieve tax and economic advantages that are consistent with their goals.  He recognizes that in order to provide practical business and tax advice, he must first understand the economic and personal ramifications pertaining to the matter at hand.  With Michael's background working at a big four accounting firm and practicing at a New York City law firm for many years, he has developed a unique skillset which enables him to meet all of his client’s business and tax needs.

Concentrating his practice on the taxation of business and real estate transactions, he advises domestic and international clients on all tax aspects of business transactions, tax planning, and sophisticated partnership agreements, as well as advising clients on and structuring like-kind exchanges of real property. He routinely structures transactions and entities (e.g., C corporations, S corporations, partnerships, limited partnerships, and limited liability companies) to meet his clients' intended objectives.  Michael advises REITs and investors in REITs with regard to REIT qualification matters, formation and tax issues.

Michael has significant experience with the formation and expansion of tax-exempt entities. Once an entity is formed, he continues to advise on matters that may impact the entity's tax-exempt status, and he helps to avoid or minimize exposures to unrelated business taxable income (UBTI) and various special taxes and penalties.

Additionally, Michael represents U.S. business entities and individuals seeking to invest or conduct business abroad as well as foreign business entities and individuals seeking to invest or conduct business in the U.S. In connection with such representation, he frequently works with U.S. foreign taxation rules, including the various Subpart F rules (CFC and PFIC rules), treaty analysis, and the Foreign Investment in Real Property Tax Act (FIRPTA). He also advises clients with respect to U.S. withholding matters and tax reporting issues.

Michael has a great deal of experience utilizing tax credits in real estate transactions.  He has advised clients in the use of the Low Income Housing Tax Credit (LIHTC), the New Markets Tax Credit (NMTC), and the Historic and Rehabilitation Tax Credit (HTC).  He has represented both for-profit and nonprofit developers as well as syndicators, equity investors, and lenders.  Michael counsels clients on the tax credits pursuant Sections 42, 45D, and 47 of the Internal Revenue Code and prepares all necessary applications, joint venture agreements, and other documents of exchange.  He also provides opinions on the eligibility of the credits and advises clients on stringent IRS guidelines.  He advises clients on HUD guidelines, including those with respect to private/public partnerships.  Further, Michael advises on the use of specific credits and whether they may be combined with other credits or tax saving mechanisms.

Another aspect of Michael's focus is on partnerships and joint ventures, business planning, business and real estate acquisitions and sales, and private placement offerings of securities. This work includes counseling and negotiating on behalf of developers as well as private and institutional investors regarding the purchase and sale of property, organizational structuring and restructuring, transfer and recordation tax planning, and general corporate matters. He also structures and documents domestic and cross border mergers and acquisitions, and he drafts all necessary documents of exchange.

Michael advises hedge funds in their formation, including international fund structures, such as Master Feeder Funds. He also counsels them on the numerous tax matters that arise.

News

Publications

Seminars & Speaking Engagements

  • Author of “Forgotten and Rediscovered Tax Advantages of S Corporations”
    November 19, 2014
    Building Magazine
  • Speaker - Current Opportunities to Enhance Your Association’s or Foundation’s Finances and Investments.
    October 9, 2013
  • Speaker - Webinar, on behalf of ALI CLE -  “Capital Call Remedies for Real Estate Partnerships”
    November 21, 2014
  • Speaker -  Bloomberg BNA Joint Real Estate/Washington Items luncheon – “Recent changes to the Historic/Rehabilitation Tax Credit”
    November 20, 2014

Professional & Community Affiliations

  • Maryland State Bar Association, Member, Tax Section Council
  • Montgomery County Bar Association
  • American Bar Association
  • New York Bar Association
  • Member of Advisory Council of a non-profit organization that provides recreational, fitness, academic, cultural, life skills, and community service programs for at-risk youth in the Washington, D.C. Metropolitan Area.
Education
  • New York University School of Law, New York, NY
    LL.M., Taxation, May 2001
  • University of Baltimore School of Law, Baltimore, MD
    J.D., cum laude, May 2000
  • Honors: Professor James S. May Law Scholar -  awarded scholarship and certificate for outstanding academic achievement
  • Activities: Honor Court; Grading Advisory Committee
  • University of Maryland at College Park, College Park, MD
    Bachelors of Science in Business Administration, Finance, May 1997
  • Honors: Business Law Honors Program
  • Activities: Student Government Association; Central Judicial Board; Honor Court; Sigma Alpha Mu Fraternity 
Bar & Court Admissions
  • New York
  • Maryland