Tax Issues With REITs

  • Overview
  • Attorneys

Kutak Rock’s tax lawyers provide essential advice and exemplary service to our clients because of the complexities of the REIT provisions of the Internal Revenue Code. Regularly, we provide specific tax advice on the organization of new REITs and the use of captive REITs, private REITs, qualified REIT subsidiaries and taxable REIT subsidiaries.

In addition, we advise clients on:

  • REIT and partnership structuring and organizational issues, including UPREITs and DOWNREITs;
  • Compliance with gross income tests, asset tests, annual distribution requirements and recordkeeping;
  • Methods to minimize cash distributions of REIT income and gains;
  • Restructurings and modifications of operational tax compliance procedures in connection with pending and recently enacted tax legislation;
  • Consequences of and status updates regarding proposed tax legislation affecting REITs;
  • Prohibited transaction tax issues under ERISA;
  • Qualified REIT subsidiaries;
  • Taxable REIT subsidiaries; and
  • Obtaining IRS private rulings on REIT issues.