Proposed Regulations Expand Definition Of Real Estate For REITS To Include Solar Sites

In This Issue:

- Solar Sites

- The Proposed Regulations

- Intangible Assets

- Distinct Assets

- Examples in the Proposed Regulations

- Effective Date

- Excerpt from Solar Sites:

A key conclusion of the Proposed Regulation is that solar and other renewable projects may qualify as real estate, except to the extent that distinct assets are not inherently permanent structures or structural components and do not serve a passive function. However, a solar project dedicated to a single building may qualify in its entirety as a structural component of the building.

Please see full Publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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