Podcast - U.S. Real Estate Tax Planning for Global Families
Jeffrey DeBoer on the intersection of Washington and commercial real estate
Tax structure at acquisition can determine whether a global family's U.S. real estate investment preserves value or creates avoidable exposure for years to come. Real Estate attorney Shawn Amuial joins Private Wealth Services...more
When it comes to completing a company’s often extensive financial reporting requirements, it is easy to lose sight of the impact those valuations may have on the company’s tax positions. However, ensuring that the financial...more
As we enter the new year, it is a good time to reflect on trends and developments from 2025. One such development is the legal framework governing foreign ownership of real property in the United States (US) which is a...more
Texas continues to stand out as one of the most attractive U.S. real estate markets for Mexican investors seeking scale, stability, and long-term value. With its strong economic fundamentals, business-friendly legal...more
On December 12, 2025, the United States Department of the Treasury (“Treasury”) and the Internal Revenue Service released final regulations (the “Final Regulations”) under Section 892 of the Internal Revenue Code of 1986, as...more
On October 20, 2025, the IRS issued proposed regulations that would revoke the recently adopted “look-through” rule (discussed here) used to determine whether real estate investment trusts (“REITs”) are considered...more
On October 20, 2025, the Treasury Department issued proposed regulations (the “2025 Proposed Regulations”) that would remove a controversial rule for determining whether a REIT is “domestically controlled.” The 2025 Proposed...more
On October 21, 2025, the Treasury Department published proposed regulations under the Foreign Investment in Real Property Tax Act (FIRPTA) that would repeal the controversial “look-through” rule adopted in final regulations...more
The Internal Revenue Service issued Proposed Regulations that, if finalized, will eliminate a recently introduced rule for determining whether a REIT is a domestically-controlled REIT (a DC-REIT). Eliminating this rule will...more
On October 20, 2025, the Treasury and the IRS released proposed regulations (REG‑109742‑25 (the “Proposed Regulations”)) that would remove the “foreign‑controlled domestic corporation” look‑through rule previously included in...more
The Internal Revenue Service (IRS) and U.S. Treasury Department have proposed regulations (the Proposed Regulations) that would expand FIRPTA (Foreign Investment in Real Property Tax Act) relief for domestically controlled...more
On October 20, 2025, the Treasury Department and the IRS released proposed regulations (the Proposed Regulations) under Section 897 of the Internal Revenue Code of 1986, as amended (the Code), that would remove a rule,...more
The Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) treats gain recognized by a foreign person on the disposition of a United States real property interest (USRPI) as income effectively connected with a U.S....more
On August 19, the IRS announced guidance providing relief for certain non-U.S. corporations redomiciling into the United States. Notice 2025-45 (the “Notice”) introduces an exception to the general rule requiring gain...more
Welcome to this week’s edition of Tax Bytes. Our team of tax lawyers is actively monitoring for federal and international tax developments and issues of note. Each week we pull together the items we deem most important to...more
Welcome to the September 2025 issue of REIT Tax News. Below, we summarize five key developments impacting REITs this past quarter....more
On August 19, the IRS released Notice 2025-45 (the “Notice”), announcing its plan to reduce barriers to certain redomiciliations. In particular, the IRS reduced barriers to redomiciliations by foreign publicly traded...more
As the U.S. tax reform process continues, the comprehensive tax bill that passed the House of Representatives in May is now under active consideration in the Senate. Earlier this week, the Senate Finance Committee released...more
On June 16, 2025, the Senate Finance Committee released its draft tax title for inclusion in the Senate’s version of the budget reconciliation bill, known as the “One Big Beautiful Bill Act” (the “OBBBA”). While the Senate...more
On May 22, the House of Representatives voted to approve the One Big Beautiful Bill (OB3), which contains a new addition to the U.S. Internal Revenue Code — Section 899. OB3 is now under consideration by the Senate, which...more
On May 22, 2025, the U.S. House of Representatives narrowly passed the House budget reconciliation bill (H.R. 1) (the “House Bill”) by a party-line vote of 215 – 214. The House Bill, which includes significant tax law...more
Transactions involving the disposition of a U.S. real property interest (“USRPI”) by a foreign person (i.e., a nonresident alien individual or foreign entity, the seller) are subject to the Foreign Investment in Real Property...more
Section 897 of the Internal Revenue Code provides that gain or loss of a nonresident alien or foreign corporation from the disposition of a United States real property interest is subject to U.S. federal income tax. And,...more
During the diligence phase of a transaction, it is not uncommon for a buyer to identify potential tax liabilities that may be caused by a number of situations: uncertainty over a tax structure, an estimated fair market value...more
Non-U.S. investors are generally subject to U.S. federal income tax on gains from investments in private U.S. real estate investment trusts (REITs). Two exceptions (among others) are for investments in “domestically...more