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Brian W. Kniesly

Brian
Kniesly

Partner

CONTACT INFO

bkniesly@gibsondunn.com

TEL:+1 212.351.2379

FAX:+1 212.351.2679

New York

200 Park Avenue, New York, NY 10166-0193 USA

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PRACTICE

Tax Real Estate Real Estate Investment Trust (REIT)

BIOGRAPHY

Brian Kniesly is a partner in the New York office of Gibson, Dunn & Crutcher.  He is Chair of the firm’s Real Estate Investment Trust (REIT) Group and a member of the Tax Practice Group.  Mr. Kniesly focuses on the federal income taxation of REITs, investment funds, partnerships, real estate and mergers and acquisitions.  He has been involved in tax planning on some of the largest real estate transactions in the United States and has provided extensive advice on structuring investments in real estate, debt and other investments for investment funds, foreign governments, other non-U.S. investors, corporations and individuals, including through the use of REITs to invest in hotels, health care facilities as well as other real estate.   He also worked on a wide range of transactions including sales and dispositions of REITs, partnership reorganizations, asset sales, sale-leasebacks, and fund formations.  Mr. Kniesly also has extensive experience advising on New York state and local tax issues, including transfer taxes, commercial rent and occupancy taxes and others.

Mr. Kniesly is recognized as a leading New York Tax practitioner by Chambers USA: America’s Leading Lawyers for Business, noting that he is a “really great advisor with a great ability to boil down issues,” and “has a good understanding of transactions and how to make arguments.”

Mr. Kniesly received his Juris Doctor from the University of Pennsylvania Law School in 1998, and is admitted to practice in the State of New York.

EDUCATION

University of Pennsylvania - 1998 Juris Doctor

The Ohio State University - 1992 B.S. Business Administration

ADMISSIONS

New York Bar

RECENT PUBLICATIONS

Client Alert - January 4, 2023 | IRS and Treasury Issue Proposed Regulations Narrowing Domestically Controlled REIT Qualification Test and Revising Section 892 Exemption, as Well as Final Regulations Relating to Qualified Foreign Pension Funds
Client Alert - July 29, 2022 | Inflation Reduction Act of 2022 Would Modify the Tax Treatment of Carried Interests, Include a Corporate Minimum Tax, and Expand Clean Energy Tax Incentives
Client Alert - May 29, 2021 | Biden Administration Releases Fiscal Year 2022 Budget, Together With a “Greenbook” Providing Detailed Descriptions of Proposed Changes to Federal Tax Law and Accompanying Revenue Estimates
Client Alert - March 31, 2021 | New York State Legislature Poised to Pass New Tax on Real Estate Debt Financing
Publications - May 22, 2020 | Covid-19, the CARES Act and Tax Planning for Real Estate and Passthrough Businesses — Part II
Client Alert - May 1, 2020 | IRS Issues Notice Clarifying Expenses Funded with Proceeds of Small Business Administration Loans under Paycheck Protection Program
Publications - April 20, 2020 | COVID-19, the CARES Act and Tax Planning for Real Estate and Passthrough Businesses
Client Alert - April 22, 2019 | IRS Issues Additional Guidance on Investing in Opportunity Zones
Client Alert - October 22, 2018 | IRS Provides Much Needed Guidance on Opportunity Zones through Issuance of Proposed Regulations
Client Alert - November 3, 2017 | House GOP Releases Major Tax Reform Bill
Client Alert - July 10, 2017 | California Supreme Court Upholds Los Angeles County’s Interpretation of Documentary Transfer Tax Act
Client Alert - September 9, 2016 | IRS Releases Final Regulations Clarifying the Definition of Real Property for REITs
Client Alert - June 14, 2016 | IRS Releases Temporary and Proposed Regulations Extending REIT Built-in Gain Recognition Period for Property Acquired from a C Corporation and Tightening the Rules for REIT Spinoffs
Client Alert - February 9, 2016 | Treasury Issues Temporary Regulations Regarding the Allocation of Partnership Foreign Tax Expenditures
Client Alert - December 29, 2015 | President Obama Signs Appropriations Bill Exempting Non-U.S. Pension Funds from FIRPTA, Taxing REIT Spinoffs, and Making Other Important Changes to the Taxation of U.S. Real Property Investments by Non-U.S. Investors and the REIT Rules
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