John Hyre PhotoCounselor
614.207.2441
jhyre@vestedlaw.com

John Hyre is an exceptional tax attorney with 20 years of experience. Prior to venturing into private practice, John worked for a Fortune 500 company as Tax Counsel and for two of the “Big Three” accounting firms as a Tax Consultant. John has been involved in tax planning for start-ups, large corporate and partnership/LLC transactions, international transactions, REIT’s, and executive compensation arrangements. John also has extensive experience with the taxation of real estate and self-directed IRA’s and 401(k)’s. John has successfully defended such clients in IRS audits and Tax Court.

John frequently speaks on the topics of taxation of real estate investors and the taxation of self-directed IRA’s & 401(k)’s throughout the United States. John also invests in rental real estate. John is licensed in Ohio. Given the nationwide applicability of federal income taxation, John’s clients are from all areas of the United States as well as from overseas. John resides in Columbus, Ohio.

Read some of John’s Insights Here.

Representative Legal Matters

Business Structuring

  • Choice of entity and structuring to maximize asset protection and minimize taxes
  • Advising on proper accounting for expenses, revenues, etc.
  • Minimizing both domestic and foreign taxation of income investment (e.g. – Canadians investing in US businesses)
  • Structuring deferred compensation models (e.g. – phantom stock, stock options, carried interests)
  • Advising on complex US partnership taxation rules and structuring operating agreements to comply with the same
  • Structuring tax-favorable sales of business and assets
  • Drafting tax provisions for private offering documents

 

Self-Directed IRA’s and 401(k)’s

  • Planning for Self-Directed IRAs (“SDIRA’s”), Health Savings Accounts, Coverdale Education Savings Accounts, and 401(k)s
  • Advising as to the creation, structuring and maintenance of “Checkbook” LLC’s (aka IRA-Owned LLC’s)
  • Screening proposed/reviewing completed purchases, sales and other SDIRA transactions for fatal prohibited transactions (Internal Revenue Code Section 4975)
  • Planning for/around UBIT (Unrelated Business Income Tax aka “IRA Tax”)
  • Reviewing strategies for unconventional and fast-growth IRA investments
  • Reviewing proposed joint ventures and other IRA investment options
  • Drafting tax language for IRA-investors in private offering agreements

 

Real Estate Investment

  • Planning for and maximizing tax deductions
  • Consulting as to choice of entity for real estate investments
  • Planning for conversion of ordinary income into capital gains (e.g. – carried interests)
  • Consulting as to minimizing the tax impact of harsh IRS relating to discounted notes
  • Maximizing depreciation deductions on investment property (e.g. – so-called component depreciation)
  • Planning for or around “Dealer” issues, including legally reducing social security taxes on income from the sale of “inventory”
  • Planning for creative or unusual transactions such as: Subject-To’s (Informal Assignments), Lease Options (including sandwich & cooperative), Assignments, Tax Liens, Partial Notes, Participating Notes, Sales of mobile homes on owner financing, etc.
  • Advising on incoming foreign investment

 

“Controversy” Work

  • Audit representation nationwide
  • Appealing audits if & when necessary
  • Litigating failed Appeals in Tax Court
  • Negotiating with the IRS in re collections and payment plans
  • Stopping or contesting IRS collections when appropriate
  • Negotiating a reduction in tax debt (i.e. – Offer in Compromise) when possible

 

Publications

  • The Real Estate Investor’s KISS Guide to Book Keeping
  • The Real Estate Investor’s KISS Guide to Entities
  • The Real Estate Investor’s KISS Guide to SDIRA’s
  • Multiple articles, including:
    • Choice of Entities 101
    • Daddy’s Little Tax Deduction
    • Mitt Romney Ballooned His IRA to $100 Million
    • How Service Providers Can Destroy IRA’s

 

Speaking Engagements

  • Presenter and Promotor of Two Day Workshop for Self-Directed IRA Workshop (“IRA Meets the NRA” – so named because the event was held at a gun range and involved tax-deductible shooting/entertainment following the class)
  • Main presenter at dozens of real estate investor associations and conferences (“REIA’s”), including:
    • Ohio Real Estate Investors Association
    • Chicago Creative Investors Association
    • Real Estate Investors Network (Nashville)
    • Realty Investment Club of Houston
    • Bay Area Wealth Builders (San Francisco)
    • Massachusetts Real Estate Investors Association
    • MN REIA (Twin Cities)
    • National REIA Cruise
    • And many more
  • Presented on “Prohibited Transaction and UBIT in your Self-Directed IRA” at Equity Trust Company’s annual conference, the largest such event for SDIRA investors
  • Presented on taxation of notes at the annual Noteworthy (buyers, creators and sellers of commercial paper) conference
  • Multiple presentations on taxation of real estate for National REIA