News & Analysis as of

Real Estate Market Foreign Investment in Real Property Tax Act

Skadden, Arps, Slate, Meagher & Flom LLP

Final ‘Domestically Controlled REIT’ Regulations Retain Corporate Look-Through With Some Modifications

On April 24, 2024, the Treasury Department released final regulations that alter key rules affecting many real estate funds and foreign investors in U.S. real estate....more

Bilzin Sumberg

Proposed Regulations May Affect Taxation of Foreign Investors in REITs

Bilzin Sumberg on

On December 29, 2022 the IRS and the Treasury Department issued a notice of proposed rulemaking (REG-100442-22) (the “Proposed Regulations”) that, among other things, affects the determination when Real Estate Investment...more

Tonkon Torp LLP

The Alphabet Soup Of Working With Foreign Real Estate Investors

Tonkon Torp LLP on

Given the continuous fluctuation in business immigration, tariffs, and international relations, it shouldn’t be a surprise that foreign investment into the U.S. (especially by China), has slowed. And yet, it is still...more

Akerman LLP

Tax Reform: The Impact On Real Estate

Akerman LLP on

The new tax law commonly referred to as the “Tax Cuts and Jobs Act” (the “Act”) – signed into law on December 22, 2017 – makes far reaching income tax law changes that will impact both commercial and residential real estate....more

Proskauer - Tax Talks

The Effects of the Tax Cuts and Jobs Act on Real Estate

Proskauer - Tax Talks on

On Friday December 22, 2017, President Trump signed into law H.R.1, commonly referred to as the Tax Cuts and Jobs Act (TCJA). This is the most sweeping change to the U.S. federal income tax laws in over three decades, and it...more

Hogan Lovells

2017 commercial real estate outlook: The impact of U.S. tax reform - April 2017

Hogan Lovells on

Despite strengthening market headwinds and troubling political uncertainties, the U.S. commercial real estate market is likely to remain the top destination for global real estate capital in 2017, and may even see a return to...more

Manatt, Phelps & Phillips, LLP

Brexit Will Cause Deal Flow Reduction

Britain's historic vote to exit the European Union has sent shock waves throughout the global economy and will certainly have economic and political repercussions for years. How will the vote impact U.S. real estate? ...more

Kelley Drye & Warren LLP

U.S. Tax Structures Utilized In Connection With Foreign Investment In U.S. Real Estate

U.S. real estate is expected to attract a record amount of foreign investment in 2016. The U.S. real estate market is perceived as a safe haven in light of economic uncertainty in China, the refugee crisis in Europe and the...more

Carlton Fields

New FIRPTA Exceptions Provide Opportunities for Foreign Pensions and Investment Funds

Carlton Fields on

The Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) authorized the United States to tax foreign persons on the gain from the disposition of U.S. real property or U.S. real property interests (USRPIs). Recently,...more

Lowndes

Withholding Tax Set to Increase

Lowndes on

The Foreign Investment in Real Property Tax Act (FIRPTA) subjects foreign sellers to U.S. tax when they sell their interest in real property located in the U.S., including interests in companies that predominately hold real...more

K&L Gates LLP

PATH Act Presents Opportunities for Tax-Efficient Non-U.S. Investment in U.S. Real Estate

K&L Gates LLP on

On December 18, 2015, President Obama signed into law the Protecting Americans from Tax Hikes Act of 2015 (the “PATH Act”). Among its numerous revisions to federal tax law, the PATH Act significantly amended various...more

Lowndes

PATH Act Brings Important Tax Changes for REITs

Lowndes on

Last Friday, President Obama signed into law the Protecting Americans from Tax Hikes Act of 2015 ("PATH Act"), a permanent extenders package. Several provisions of the PATH Act are of particular importance to REITs. The...more

Skadden, Arps, Slate, Meagher & Flom LLP

"New FIRPTA Reform: The Long-Awaited Game Changer for US Real Estate"

On December 18, 2015, President Obama signed into law a bill that will significantly reform the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA). The Protecting Americans from Tax Hikes Act of 2015 (the Bill) will...more

Goodwin

Congress Proposes Legislation Which Would Eliminate REIT Tax-Free Spin-Offs; Provision Would Also Fund FIRPTA Relief

Goodwin on

In our December 3, 2015 REIT Alert we suggested that the Prop Co/Op Co structure implemented by a tax-free REIT spin-off may not be dead. On December 7, 2015 House Ways and Means Committee Chairman, Kevin Brady (R-TX)...more

King & Spalding

Comprehensive Tax Reform Remains a Top Priority for Key Members

King & Spalding on

Congressional Consideration Continues, Including Provisions That Would Impact the Real Estate Industry - The House Ways & Means Committee is currently holding Member-level discussions on tax reform and is in the...more

Bilzin Sumberg

Proposed FIRPTA Changes Would Attract More Foreign Investment In U.S. Real Estate

Bilzin Sumberg on

Non-U.S. taxpayers are generally exempt from U.S. federal income tax on gain from the sale of U.S.-situs capital assets. The one major exception is U.S. real estate. Under the Foreign Investment in U.S. Real Property Tax...more

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