REIT Tax Provisions Revision Act of 1985

Summary

REIT Tax Provisions Revision Act of 1985 - Amends the Internal Revenue Code to revise rules concerning the taxation of the income of shareholders of certain real estate investment trusts (REITs). Treats as ordinary income the gain on the sale or exchange of stock in a real estate investment trust to the extent of the amount of any recapture distribution previously received with respect to such stock. Defines "recapture distribution." Exempts REITs from the special rules for corporate tax preference items relating to the reduction in certain preference items. Increases the allowable selling price and number of sales of real estate assets by a REIT without imposition of the 100 percent prohibited transaction tax. Eliminates the independent contractor requirement for the management of rental property and use of foreclosure property which is owned by a REIT. Revises standards for the disqualification of a REIT as a personal holding company. Allows REITs to have wholly-owned subsidiaries. Revises rules disqualifying income in the form of rents or interest based on net income or profits of the tenant of a REIT. Excludes net operating losses carried over from prior years for purposes of computing the net capital gain of a REIT for the taxable year. Excludes net losses from prohibited transactions for purposes of computing REIT taxable income. Eliminates present requirements that a capital gain dividend must be designated as such in a written notice from a REIT to its shareholders within 30 days after the close of the REIT taxable year. Substitutes for such requirement a notice to the Secretary of the Treasury within 45 days after the close of the REIT taxable year. Allows the payment of dividends within 90 days after the close of the taxable year by a REIT without the imposition of the excise tax on REIT taxable income net distributed during the taxable year. Limits the penalty on a REIT making a deficiency dividend distribution due to adjustment of REIT taxable income. Excludes from REIT distribution requirements any noncash income recognized by a REIT under certain deferred payment and installment sales rules requiring the imputation of interest. Excludes from REIT distribution requirements any income recognized by a REIT upon a determination that an exchange of real property failed to meet the requirements for the nonrecognition of gain for exchanges solely in kind.

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1 official file

• Introduced in House

  summary · EN · 21 May 1985

  Open at official source

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