The IRS ruled it would consider income recognized by a REIT in connection with the receipt of carbon sequestration credits to be income qualifying the taxpayer to be a REIT.
The IRS established a safe harbor allowing distributions of stock to be treated as a distribution of property under Secs. 301 and 305(b) for publicly offered REITs or publicly owned RICs, as long as certain conditions are met.
The IRS issued final regulations clarifying the definition of real property for purposes of the REIT provisions.
Real property developed and held by a taxpayer for lease in its leasing business is “real property used in a trade or business.”
Recently issued advice clarifies some of the rules regarding the limitations on the amount of the exclusion.
The PATH Act of 2015 made several amendments to the prohibited transaction safe-harbor test that will apply for sales of property in 2016 and later tax years.
The IRS issued regulations restricting the ability of C corporations to use this method.
The legislation curbs a popular tax planning strategy by severely restricting the application of tax-free spinoff treatment.
Properly planning for a real estate transaction is imperative to lowering tax expenses and increasing returns for investors.
One way to plan for the tax treatment of tenant allowances is to use the qualified-lessee-construction-allowance safe harbor provided by Sec. 110; however, proceed with caution.
This item explores the challenges taxpayers have historically faced when contemplating a Sec. 355 transaction that involves a REIT holding owner-occupied real estate. It also examines a potential active trade or business planning opportunity brought to light by a recent private letter ruling.
The IRS issued final regulations that provide guidance on the recognition of built-in gain in certain transfers of property from a C corporation to a RIC or REIT.
This item discusses the distinction between residential and nonresidential property, depreciation, and the application of the change-in-use regulations if a rental property changes from residential use to nonresidential or vice versa.
Tax professionals may be in the best position to support their clients or company in identifying LEED certification costs and determining the appropriate tax treatment as either a current-period expense or a capital expenditure.
The IRS ruled that, after a restructuring transaction, an eligible independent contractor will continue to be treated as managing and operating a hotel on behalf of a taxable REIT subsidiary for purposes of Sec. 856(d)(8)(B).
The IRS ruled that income a REIT receives from an interest-rate swap agreement that hedges indebtedness of the REIT’s lower-tier partnership is not includible in the REIT’s gross income for purposes of applying the 95% and 75% gross income tests.
The IRS determined that a real estate investment trust (REIT) qualified for the “temporary investment of new capital” rules for purposes of the REIT income and asset tests when the REIT loaned the proceeds of its public debt offering to its operating partnership (OP) and the OP, in turn, temporarily invested the proceeds in stock and debt instruments.
Editor: Frank J. O'Connell, Jr., CPA, Esq. With the slowdown in the real estate market continuing, many taxpayers with investments in undeveloped real estate are attempting to find creative ways to realize the built-in profit on their existing holdings. This planning may involve a real estate developer’s attempting to sell