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Rising Trends

Published
Mar 27, 2018
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What's on the Real Estate horizon due to the Tax Act?

  • Transactions with REITs will be much more popular

Transcript

EisnerAmper Team:

During transactions, using REITS is going to become much more popular under this law. Certain items of income which on a flow through basis would not be subject to the 20% deduction, would be subject if they’re held through a REIT. This would include income that qualifies as good REIT income such as, mortgage interest and income from property that is not subject to depreciation, like the Brown-List. 

So, if that income is earned directly it's subject to the top bracket, at 37%. And certain expenses and carrying on those activities, which would normally be treated as investment expenses, wouldn't be deductible for individuals. If it's income earned by a REIT, one, your net owner's expenses against that income so you get the benefit of the deductions and, two, the income is subject to the 20% discount for tax based on the 199 Cap A Deduction. So REITs are going to become much more popular in planning going forward.

Section 199A Deduction

The section 199A deduction - whay it's important: 20% deduction on flow-through income including rental income and reduces tax rate on income from top bracket from 37% to 29.6%.

Bonus Depreciation Increase

Provision for Losses Limit

Real Estate professionals can still deduct losses against income and losses now being limited to $500,000 per year are downsides to the Tax Act. If you're a real estate professional you get to deduct your losses against any other types of income.

Interest Deductibility

New limits impacting tax planning include deductions for interest limited to 30% of income before interest, taxes and depreciation and real Estate companies can elect out by lengthening depreciation for assets.

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