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Date
Rule
802.2, 802.5
Staff
Michael Verne
Response/Comments
1) not residential, but if no business is being acquired this could qualify for 802.5. 2) unproductive real property that is adjacent to the productive, but exempt, real property can still qualify for 802(c) exemption.

Question

From: (redacted)
Sent: Wednesday, April 27, 2005 10:40 AM
To: Verne, B. Michael
Subject: 802.2 Real Estate Exemptions

Dear Mike,

Could you give clarification on the application of the 802.2 real estateexemptions as follows?

1. Property A consists of residential property (condominium units) and agarage. A proposed sale by Seller, however, contemplates only the sale of thegarage located on Property A to Buyer (the condominium units will be soldseparately to the public as individual units for residential purposes). Thegarage is intended for use - for a fee - by both the residents of the buildingand the general public. Ownership interests in the LLC which owns the garagewill be sold as part of the transaction; a garage business will not be sold aspart of the transaction.

* Would the sale ofthe garage contained within residential and office property, but sold separatelyfrom such residential or office property, qualify for the 802.2(d)(2)(iii)exemption?

2. Property B consists of residential property and qualifies for the 802.2(d)exemption. Property C is situated next to Property B, and has generated totalrevenues of less than $5 million during the preceding 36 months. Please assumeproperties B and C have the same UPE and the Size of Transaction and Partytests would be met.

* I understand thatif C were sold on its own, it would qualify for the 802.2(c) unproductive realproperty exemption. If both properties are sold in a transaction to the sameAcquiring Person, however, could Property C still qualify? Since it is adjacentto Property B (not unproductive real property that is included in thetransaction), I presume C can not qualify for the exemption, but wanted todetermine if B's exempt status had any effect on the analysis.

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