Explore the top IRS private letter rulings in 2025 that are shaping REIT tax planning, offering insight into IRS positions and helping advisers navigate compliance for REITs.
Read MoreAs 2025 draws to a close, REITs and real estate funds face a critical window for tax planning, compliance and strategic decision making. Optimize your year-end actions and prepare for 2026.
Read MoreHonoring our firm’s decades-long tradition, I was fortunate to serve as editor of the 2025 August Tax Clinic edition of the AICPA’s Tax Adviser. Each year we author articles that focus on high-complexity, high-impact areas of the tax code to help clarify these technical topics for the...
Read MoreUnderstanding the tax considerations for Real Estate Investment Trust (REIT) roll-ups and initial public offerings (IPOs) is crucial for maximizing investor returns and ensuring regulatory compliance.
Read MoreCohen & Co is proud to announce Asha Shettigar has joined the firm’s New York City office as a tax partner and lead of the firm’s REIT Practice. With nearly 25 years experience, including Big 4 accounting firm and global consulting backgrounds, Asha has worked with some of the...
Read MoreIf your real estate investment business has decided to conduct an initial public offering (IPO) using a Real Estate Investment Trust (REIT), it’s important to consider the impact of SEC Rule 3-14 of Regulation S-X, known as S-X 3-14. This set of regulations provides special instructions for...
Read MorePosted by Jen Baker, Ariel Chester and Jonathan WilliamsonWith 2024 coming to a close, it is time to shift gears to focus on wrapping up 2024 tax items and planning for 2025. Now is a perfect time for your real estate or private equity fund to complete any necessary maintenance, as well as a bit...
Read MoreOn April 25, 2024, the Treasury Department released final regulations under Internal Revenue Code Section 6418, providing clarity regarding the transfer and sale of certain tax credits by, or on behalf of, a Real Estate Investment Trust (REIT). The overview below illustrates how these...
Read MoreOn March 29, 2024, the IRS released Private Letter Ruling 202413004, providing its first piece of guidance regarding whether a REIT may receive income from electric vehicle (EV) charging stations at its rental properties without detrimentally impacting its REIT status. With the proliferation of...
Read MoreAsset managers have shown increasing interest in retail funds with private real estate portfolios over the last few years. Many of these funds are registered with the SEC under the Investment Company Act of 1940 as interval or tender offer funds. Placing certain asset classes, like real estate or...
Read MoreA Real Estate Investment Trust (REIT) is a vehicle designed to give everyday investors the opportunity to access professionally managed real estate properties, without the hassle. Similar to a mutual fund, a REIT is a pooled investment fund, but it invests in various real property such as...
Read MoreOn December 28, 2022, the IRS issued proposed regulation REG-100442-22, which may change real estate investment trusts’ (REITs) domestically controlled status. This change could cause non-U.S. investors in these structures to pay potentially significant U.S. tax on any gains realized upon...
Read MoreTraditionally fund managers have avoided most illiquid investments due to their perceived misalignment with the Investment Company Act of 1940. However, in recent years there has been a convergence in asset classes in search of new investment opportunities. With that, we have seen an...
Read MoreOn July 31, 2020, the IRS and the Department of the Treasury issued proposed regulations under IRC Section 1061 for taxpayers that hold an applicable partnership interest (API) in connection with the performance of services. The rules, commonly known as the carried interest rules enacted as part...
Read MoreThe Tax Cuts and Jobs Act (TCJA) created a significant new tax deduction for qualified business income (QBI) for so-called “pass-through” entities for 2018 through 2025. But it also created uncertainty about whether owners of rental real estate were eligible for the deduction. Recent...
Read MoreThe commercial real estate market has been steadily making improvements since the 2008 financial crisis. While traditional financing is readily available, seller financing may be another viable option for many investors. In seller-financed transactions, the seller generally gives the...
Read MoreThe Treasury Department recently issued proposed regulations that address the flow through of qualified business income to shareholders of Regulated Investment Companies (RICs) for purposes of Section 199A. This section of the Tax Cuts and Jobs Act (TCJA) allows for up to a 20% deduction on...
Read MoreOn January 18, 2019, the Treasury Department issued proposed regulation Section 1.199A-3 related to qualified business income, qualified Real Estate Investment Trust (REIT) dividends and qualified Publicly Traded Partnership (PTP) income. These regulations specifically address the flow through of...
Read MoreIn many instances, property can be contributed to an entity by its owners in exchange for ownership interests, without gain or loss being recognized on the contribution. For corporations, the general rule under Sec. 351(1) is that “no gain or loss shall be recognized if property is...
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