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Turning Tax Credits into Cash: IRS and Treasury Release Proposed Direct Pay and Transferability Regulations

On June 14, 2023, the IRS and Treasury Department released proposed regulations regarding the monetization of certain clean energy tax credits, as well as temporary regulations regarding mandatory information and registration...more

What the REIT?!

REITs have been rather quiet in the capital markets for some time now. Rising interest rates have made debt more expensive. Trading prices have reflected steep discounts to “net asset values”, or “NAVs”. But REITs, our...more

Window Widens For Completing Construction On Renewable Energy Projects

Good news came for renewable energy developers on June 29, 2021, when the IRS issued Notice 2021-41. The notice gives developers more time to finish projects and makes it easier to prove that they began construction on a...more

Offshore Wind Projects Receive Boost In Stimulus Bill And New IRS Notice

The rapidly growing offshore wind sector received a significant boost at the end of 2020, thanks to the creation of a new investment tax credit (“ITC”) for offshore wind projects and the issuance of an IRS notice extending...more

COVID-19 Potential Impacts – Special Edition 02 Apr 2020

Many plans have gone “agley” at this point. And yet, in surveying the COVID-19 pandemic from home, from what quiet corner we might secure, we all know new plans must be made. We should humbly attempt to make good ones. In...more

What The REIT?! Current Tax Issues For The REIT Community

According to NAREIT, “real estate investment trusts,” or REITs, own more than $3 trillion of U.S. real estate assets. With REITs having survived (and, in some respects, thrived) under recent tax reform, that number likely...more

1/9/2020  /  IRS , Real Estate Investments , REIT

FAQs about Real Estate Investment Trusts

What is a REIT? - A REIT refers to a “real estate investment trust,” which is an entity entitled to beneficial federal income tax treatment if it satisfies various requirements relating to its organization, its ownership,...more

Frequently Asked Questions About Non-GAAP Financial Measures for REITs

The use of non-GAAP financial measures is nearly ubiquitous for U.S. public companies. According to Audit Analytics, 97% of S&P 500 companies used non-GAAP financial measures in earnings releases during 2017. Many...more

FAQs About UPREITs and OP Unit Transactions

What is an UPREIT? - A common operating structure for publicly traded equity REITs is the umbrella partnership real estate investment trust (“UPREIT”) structure. In a typical UPREIT structure, the REIT holds substantially...more

Frequently Asked Questions About - Form 8-K Relevant To Public Real Estate Investment Trusts

GENERAL DESCRIPTION AND SUMMARY OF 8-K ITEMS - What is Form 8-K? - Form 8-K is the form on which public companies report, on a current basis, the occurrence of significant events. A reportable event is a transaction or...more

Tax Reform: Key Considerations for Real Estate Investment Trusts

On December 22, 2017, President Trump signed the Tax Cuts and Jobs Act (the "Act") into law. Although the individual and collective impact of the Act may not be evident for some time, the Act is generally viewed by the real...more

U.S. Tax Reform Bill Passes Both Houses; Awaits President's Signature

On December 20, 2017, both the House and the Senate passed H.R. 1 (the “Bill”), which President Trump is expected to sign by January 3, 2018. The Bill dramatically alters the U.S. approach to domestic and international...more

Senate Advances Tax Reform Bill

On December 2, 2017, the Senate passed its version of tax reform legislation (the "Senate Bill"), advancing it to the next stage. While the House of Representatives passed its version of tax reform (the "House Bill") on...more

House Republicans Release Draft Tax Proposal; Committee Markup Begins

On November 2, 2017, the House Ways and Means Committee unveiled the Tax Cuts and Jobs Act (the “Bill”). The Bill could dramatically alter the U.S. approach to domestic and international taxation. Although the possibility of...more

Recent Changes Make Permanent the 100% Exclusion of Eligible Gain from Sales of Section 1202 “Qualified Small Business Stock”

Impact of New Legislation - The Protecting Americans from Tax Hikes Act of 2015 (the “PATH Act”) has amended Section 1202 of the Code to permanently extend the 100% exclusion for eligible gain on sales of qualified small...more

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