21 Dec 2021
REIT Distributions Get A Liquidity Bye
Recognizing the need for liquidity due to the economic effects of the COVID-19 pandemic, the IRS has provided temporary guidance on the treatment of certain stock distributions by publicly offered real estate investment trusts (REITs). Rev. Proc. 2021-53 modifies the safe harbor provided in earlier guidance by temporarily reducing the minimum required aggregate amount of cash that distributee shareholders may receive to not less than 10% of the total distribution, for such distribution to be treated as a distribution of property under I.R.C. § 301. REITs are tax-favored investment vehicles focused exclusively on real estate interests and offer their beneficial owners or shareholders certain tax advantages.
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- Real Estate Investment Trust (REIT) Qualification Checklist (Tax Technical Due Diligence Procedures)
Apply this checklist to determine what organizational requirements, annual income tests, quarterly asset tests, annual distribution requirements, and other requirements an entity must satisfy to meet REIT qualification requirements.
Practical Guidance Updates
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- Tax Key Legal Developments Tracker (Federal)
Stay informed on new developments:- Business Entities. IRS provides safe harbors in determining whether an exempt facility bond issued after December 31, 2020, or an allocation of a housing credit dollar amount that is made after December 31, 2020, is more than de minimis for purposes of Holdings 2 and 3 of Rul. 2021-20, addressing whether the minimum 4% applicable percentage under I.R.C. § 42(b)(3)applies to a building. Rev. Proc. 2021-43, 2021 IRB LEXIS 500; see also Rev. Rul. 2021-20, 2021 IRB LEXIS 499.
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