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Course Details

This CLE/CPE webinar will provide tax counsel and advisers with an in-depth analysis of key tax considerations and related issues for real estate investment trusts (REITs). The panel will focus on the tax treatment of REITs, including their structure, organizational and operational limitations, and the taxation of a REIT and its investors. It will also touch on recent guidance from the Treasury and the IRS with respect to REITs and provide thoughts on “best practices” in organizing and operating a REIT. 

Faculty

Description

The original REIT legislation was enacted in 1960 to provide the equivalent of a mutual fund for investment in real estate. To achieve this intent, complex rules were enacted with the aim on ensuring that REITs remain primarily invested in passive real estate investments, those investments are professional managed, and returns from those investments are distributed largely to investors.  The “reward” for such compliance is that a REIT can entirely eliminate its liability for U.S. federal income tax.

Today, REITs make up a significant portion of all real estate investing, and the types of REITs and structures are even more complex than was envisioned in 1960. Sponsors, managers, and other REIT professionals have myriad issues to monitor and consider in complying with the REIT tax obligations, and investors should ensure that they understand the nature of REIT taxation, and its limitations and benefits. Any missteps in tax planning and reporting for REITs can significantly impact tax liability.

Tax counsel and advisers must have a thorough understanding of the REIT life cycle, including structuring a REIT, complying with the limitations around asset composition, gross income, and distributions, and taxation of the REIT and its shareholders.

In addition, the Treasury and the IRS are regularly reviewing the taxation of REITs, and new regulations and administrative guidance, including private letter rulings, frequent impact the practice. This panel will cover some of the most recent regulations and pronouncements.

Listen as our authoritative panel guides you through navigating the complex tax rules regarding the tax treatment of REITs.

Outline

  1. REITs 101
    1. Organizational Requirements
    2. Asset and Gross Income Tests
    3. Distribution Requirements
  2. REIT Structuring
    1. Taxable REIT Subsidiaries
    2. Investments in Partnerships & LLCs
    3. UPREITs
    4. RIDEA Structure
  3. Certain REIT Taxes
  4. Investor Taxation
  5. Recent Developments


Benefits

The panel will review these and other key issues:

  • What are the organizational and operational tax rules for REITs?
  • What are the limitations and benefits of REIT status?
  • What is the impact of recent Treasury and IRS guidance on REITs?
  • What are best practices for confronting and mitigating risk?


NASBA Details

Learning Objectives

After completing this course, you will be able to:

  • Understand the significant tax implications for REITs and how to maintain compliance under the final regulations
  • Recognize the requirements of the new look-through rule and determining whether a REIT is "domestically controlled"
  • Identify key items necessary to meet the requirements for obtaining exempt status under the 10-year transition rule
  • Understand the reporting requirements for REIT investors


  • Field of Study: Taxes
  • Level of Knowledge: Intermediate
  • Advance Preparation: None
  • Teaching Method: Seminar/Lecture
  • Delivery Method: Group-Internet (via computer)
  • Attendance Monitoring Method: Attendance is monitored electronically via a participant's PIN and through a series of attendance verification prompts displayed throughout the program
  • Prerequisite:

    Three years+ business, law or public firm experience at mid-level within the organization, overseeing and structuring investment transactions in U.S. real estate; supervisory authority over other attorneys, preparers/accountants. Knowledge and understanding of the Foreign Investment in Real Property Tax Act. Familiarity with different types of ownership entities and structures and related tax consequences for investments in U.S. real estate.

Strafford Publications, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of Accountancy have final authority on the acceptance of individual courses for CPE Credits. Complaints regarding registered sponsons may be submitted to NASBA through its website: www.nasbaregistry.org.

IRS Approved Provider

Strafford is an IRS-approved continuing education provider offering certified courses for Enrolled Agents (EA) and Tax Return Preparers (RTRP).