Author: Trey Jackson

Commercial Real Estate Executives Positive Despite Cautious 2019 Outlook

Posted on by Trey Jackson

Commercial real estate industry leaders continue to acknowledge positive conditions in the economy and current real estate markets, while expressing some caution about 2019, according to The Real Estate Roundtable’s Q1 2018 Economic Sentiment Index released yesterday. 

Participants in the Q1 survey responded they are feeling comfortable about the stability of the real estate market in 2018, but many expressed concerns about what the market may look like in 2019.

— Full Report — 

 “As our Q1 Index shows, commercial real estate executives continue to anticipate strong near term asset values and capital availability,” said Roundtable President and CEO Jeffrey DeBoer. “Strong, growing commercial real estate markets go hand in hand with overall positive economic growth.  Moreover,  healthy commercial real estate markets directly benefit local communities by providing significant revenue to support local budgets and services,” DeBoer added.

The report’s Topline Findings include:

  • While the Q1 index came in at 54, there is a noticeable gap between the scores for current conditions (57) and future conditions (51). Responders are feeling comfortable about the stability of the real estate market in 2018, but many expressed concerns about what the market may look like in 2019.

  • With asset values nearing perceived peaks in gateway cities, the real estate community has demonstrated discipline many feel was absent in the previous cycle. Debt and equity sources of capital are making thoughtful, risk-weighted decisions.

  • Asset values continue to increase in secondary and tertiary markets as investors chase yield. In gateway and coastal cities, many responders feel that markets are nearing peak values.

  • For high quality investments in primary markets, responders feel there are many sources of debt and equity capital. Many responders suggested alternative lending platforms are providing increased competition.

President Trump Signs Budget Deal That Extends Government Funding Until March 23, Lifts Debt Ceiling for One Year and Sets Two-Year Budget Agreement

Posted on by Trey Jackson

During a week of thousand-point gyrations in the stock market and last-minute congressional votes to keep the government open, President Trump this morning signed a budget deal into law that ended a nine-hour government shutdown.  [Bipartisan Budget Act  legislation (H.R. 1892)]

The budget deal and spending measure – which passed the Senate today just before 2:00 AM, followed by a narrow approval vote in the House about 5:30 AM – includes:

The Congress passed the budget deal and spending measure early on the morning of Feb. 9, hours after the government technically shut down.

  • Another short-term Continuing Resolution funding the government through March 23;

  • An increase in the debt ceiling that is expected to last one year, addressing the matter until well after the mid-term elections;

  • An agreement to increase budget caps – and significantly increase spending – by $320 billion over the next two years, split between defense and non-defense domestic spending;

  • Disaster relief funding and renewal of a slew of expired tax provisions.  (The bill does not address the controversial DACA issue – the status of immigrants brought to the U.S. as children.)

Although the measure includes a clean, one-year retroactive extension of the Section 179D tax deduction for energy efficient buildings through 2017, it does not include any technical corrections to the landmark tax overhaul enacted in December. Those corrections are expected later this year in separate legislation.

Next, President Trump is scheduled to submit the Administration’s 2019 budget proposal as House and Senate appropriators begin work on 12 bills that may fund the government beyond March 23 – until the remainder of FY2018 through September 30.

The Senate Finance Committee released its Summary of the Tax Extenders Agreement explaining the extension of several temporary tax provisions.  The Joint Committee on Taxation issued JCX-4-18, estimating that the tax provisions in the Bipartisan Budget Act of 2018will cost about 17.4 billion dollars over the next decade. 

Other real estate-related tax provisions in the bill extend tax credits for energy-saving improvements to homes, continue the income exclusion when home mortgage debt is forgiven, and extend the individual deduction for home mortgage insurance. 

The National Flood Insurance and EB-5 programs are also extended through March 23, 2018.  This is the 12th short-term, status quo extension of EB-5 since Sept 2015.

Next, President Trump is scheduled to submit the Administration’s 2019 budget proposal on Monday as House and Senate appropriators begin work on 12 bills that may fund the government beyond March 23 – until the remainder of FY2018 through September 30.

House Passes ADA Reform Bill to Counter “Drive-By” Lawsuits

Posted on by Trey Jackson

The House of Representatives on Wednesday passed legislation (H.R. 620) to reform the American With Disabilities Act (ADA) to curb unscrupulous lawsuits alleging minor and easily correctable impediments to building access.  

The House of Representatives on Feb. 14 passed legislation (  H.R. 620  ) to reform the American With Disabilities Act (ADA) to curb unscrupulous lawsuits alleging minor and easily correctable impediments to building access.

Approved by a 225-192 vote, The ADA Education and Reform Act (H.R. 620), attracted 12 Democratic votes to address the rise in so-called “drive-by” lawsuits where disabled individuals never actually seek access to properties that are allegedly ADA non-compliant.  A 60 Minutes  segment in 2017 reported on lawyers filing ADA complaints simply after driving by a business or reviewing properties online via Google Earth.  Many business owners subjected to such “drive-by” ADA claims have found it less costly to settle complaints and avoid the litigation process. (International Council of Shopping Centers, ADA Lawsuit Reform) 

Under H.R. 620, individuals intent on suing hotels, restaurants or other businesses over an ADA violation must first give the business 60 days to address specific complaints, detailed in an initial written notice, about physical barriers that prevent access or otherwise discriminate against disabled customers. Before a law suit can be filed, another 60 days must be allowed for the business to make “substantial progress” toward remedying the problem. (Washington Post and BNA, Feb. 15) 

House Judiciary Committee Chairman Bob Goodlatte (R-VA) noted, “All this bill does is require those unscrupulous trial lawyers to do what ethical lawyers already do: give fair notice of a violation before thousands of dollars in attorneys’ fees are racked up against a small business, diverting money from accessibility where it belongs,” Goodlatte said.  (The Hill, Feb. 15, 2018) 

Tom McGee, president and CEO of the International Council of Shopping Centers (ICSC), applauded policymakers for “ensuring that the landmark [ADA] continues to protect disabled people from discrimination in their everyday life – from employment to accessing public places.  The retail real estate industry is fully committed to the collective goals of more accessibility and ensuring fair compliance with this important law,” he said.  (Roundtable Weekly, Sept 8, 2017) 

ICSC and other real estate groups intend to pursue a strategy to pass ADA litigation reform in the Senate in the coming months.

Omnibus Spending Bill Delayed as Government Funding Deadline Looms

Posted on by Trey Jackson

Lawmakers struggling over policy and program disagreements related to a $1.2 trillion “omnibus” spending bill have pushed a congressional vote to next week – closer to March 23, when current funding expires.

Lawmakers struggling over policy and program disagreements related to a $1.2 trillion “omnibus” spending bill have pushed a congressional vote to next week – closer to March 23, when current funding expires.

After President Trump signed a budget deal in February that ended a nine-hour government shutdown, a fifth Continuing Resolution is in place that funds the government through next Friday.  House and Senate appropriators have since been working on an all-encompassing omnibus, which would fund government programs through September 30, when the FY2018 budget period ends.  (Roundtable Weekly, Feb. 9)

Of importance to commercial real estate, the National Flood Insurance and EB-5 programs are funded through March 23.  EB-5 is operating under its 12th, short-term, status quo extension since Sept 2015.

Disputes over funding for various programs will delay release of the omnibus spending package text until Sunday night or Monday morning.  That timeline would likely result in a House vote on March 21, leaving only two days for the Senate to vote before current funding expires.  (BNA, March 15)

Senate Majority Whip John Cornyn (R-TX) yesterday noted several programs that he does not expect to be included in the omnibus, including a bill that addresses the future of young undocumented immigrants covered by the Deferred Action on Childhood Arrivals program (DACA).  Cornyn also said a border security plan, including funding for a wall on the Mexican border, is also unlikely to be included in any funding legislation. (BNA, March 15) 

When asked if a sixth continuing resolution would be necessary to avoid a government shutdown beyond March 23, Rep. Mario Diaz-Balart (R-FL.), chairman of the House Appropriations Transportation-HUD Subcommittee, responded, “Oh God, please tell me no. I don’t think so. Maybe I’m just an optimist, but no, I really don’t think so.”  (BNA, March 15)

An omnibus spending package could be the last major bill passed by Congress before the 2018 midterm elections.

The government’s FY2018 budget and its effect on programs affecting commercial real estate will be a focus of The Roundtable’s April 25 Spring Meeting in Washington, DC.

Senate Passes Dodd-Frank Reform Legislation With Roundtable-Backed HVCRE Provision; Bill Faces Headwinds in House

Posted on by Trey Jackson

The Senate on Wednesday passed (67-31) bipartisan Dodd-Frank reform legislation (S. 2155) that includes a Roundtable-supported measure to reform the Basel III High Volatility Commercial Real Estate (HVCRE) Rule, which would clarify specific requirements for acquisition, development, or construction (ADC) loans.

   The  Senate bill , crafted by Banking Committee Chairman Mike Crapo, represents the most significant change to financial regulatory law since 2010.

The HVCRE measure included in the Economic Growth, Regulatory Relief, and Consumer Protection Act originated in the U.S. House of Representatives as the Clarifying Commercial Real Estate Loans bill (H.R. 2148) – introduced by House Financial Services Committee members Rep. Robert Pittenger (R-NC) and Rep. David Scott (D-GA).  An identical measure in the Senate – S. 2405 – co-sponsored by Senators Tom Cotton (R-AR) and Doug Jones (D-AL), was taken up in February by the Senate Banking Committee. 

With S. 2405 included in the larger Senate bill, crucial clarifications to the HVCRE Rule now move forward to the House.  The current, overly broad Rule would be modified by providing bank lenders with more specific requirements for acquisition, development, or construction (ADC) loans. These reforms to HVCRE loan definitions would provide greater assurances for performing loan portfolios with low risk, bolster credit capacity and preserve economically responsible commercial real estate lending. (Roundtable Weekly, Jan. 12). 

HVCRE reform has been a top policy priority of The Real Estate Roundtable and its industry coalition partners, who have submitted numerous policy comment letters to policymakers since 2015. The Roundtable’s HVCRE Working Group has also played a key role in advancing these specific reforms. (Roundtable letter, March 2) 

The Senate bill, crafted by Banking Committee Chairman Mike Crapo, represents the most significant change to financial regulatory law since 2010.  It raises the amount at which banks are considered “too big to fail” – from the current $50 billion threshold to $250 billion – while providing additional relief for community banks and credit unions. 

The Roundtable and twelve other real estate organizations recently sent a  comment letter urging that the HVCRE measure (S. 2405) be included in the broader Dodd-Frank reform package (S. 2155).

The bill also exempts banks with assets valued at less than $10 billion from the “Volcker Rule,” which prohibits banking agencies from engaging in proprietary trading or entering into certain relationships with hedge funds and private-equity funds. Certain banks are also exempted from specified capital and leverage ratios, with federal banking agencies directed to develop new requirements. 

Onward to the House 

The Senate legislation faces significant challenges next week in the House, which passed the Financial CHOICE Act (H.R. 10) in June with more far-reaching revisions to Dodd-Frank. 

House Financial Services Committee Chairman Jeb Hensarling (R-TX) has identified approximately 30 additional House bills he would like to see attached to the Senate deal, which could jeopardize the support of Senate moderates.  (Bloomberg, March 15) 

Hensarling yesterday said that House Speaker Paul Ryan (R-WI) promised that no action will be taken on the Senate’s Dodd-Frank rollback until members from both chambers meet to negotiate.  “It is a little presumptuous or naïve that the House would not expect to enter into a negotiation with the Senate,” Hensarling said. “Some seem to be under the impression that we are going to vote on their bill.”  (BNA, March 15) 

According to a White House statement immediately following passage of the Senate bill, “The President looks forward to discussing any further revisions the House is interested in making, with the goal of bipartisan, pro-growth Dodd-Frank relief reaching his desk as soon as possible.” 

Negotiations between House members, and between the two chambers, will begin in earnest next week, prior to the two-week Easter recess scheduled for the end of the month.

Fed Raises Interest Rates, Signals More Hikes, Boosts Economic Forecasts

Posted on by Trey Jackson

In the Federal Reserve’s first major decision under new Chairman Jerome Powell, the central bank on Wednesday raised the federal funds rate 25 basis points (to a range of 1.5 percent to 1.75 percent) and boosted its U.S. economic growth forecast for 2018 and 2019.  (Federal Reserve Statement and Projections, March 21).

Federal Reserve Chairman Jerome Powell held his first news conference since becoming Chairman, echoing the Federal Open Market Committee’s views on a strengthened economic outlook in recent months.

During a week when the Trump Administration slapped $50 billion in trade tariffs on China, followed by a 724 point plunge in the Dow Jones Index, the Fed also voted unanimously to approve a 25-basis-point increase in the primary credit rate to 2.25 percent, affecting what commercial banks and other depository institutions pay on loans from regional Federal Reserve Banks.

The Fed is expected to lift the rate two or three more times this year, and three times next year, citing a strengthening labor market and moderately rising economic activity, partnered with a consistent low unemployment rate, as reasons for further hikes. (Reuters and Federal Reserve Statement, March 21).

Chairman Powell held his first news conference since becoming Fed Chairman, echoing the Federal Open Market Committee’s views on a strengthened economic outlook in recent months, “Fiscal policy has become more simulative, ongoing job gains are boosting incomes and confidence, foreign growth is on a firm trajectory, and overall financial conditions remain accommodative.” (The Washington Post, March 21)

Fed officials significantly changed their economic forecast from their previous projection done before the Tax Cuts Jobs and Act passed in December, with GDP for 2018 originally at 2.5 percent increased to 2.7 percent, and increased the 2019 expectation from 2.1 percent to 2.4 percent.  (The Washington Post, March 21).

“The job market remains strong, the economy continues to expand, and inflation appears to be moving toward the FOMC’s 2 percent longer running goal,” said Powell. (Bloomberg, March 21)

The Federal Reserve will hold their next meeting in early May. 

Congress Passes Omnibus $1.3 Trillion Spending Bill Funding Government Through September; Two-Week Congressional Recess Begins

Posted on by Trey Jackson

In a week of intense budget negotiations, a $1.3 trillion dollar “omnibus” spending bill (H.R. 1625) to fund the government through September 30 was introduced Wednesday night to avoid a government shutdown today.  The 2,232-page measure passed both the House and Senate by comfortable margins, and President Trump signed it this afternoon.  (Wall Street Journal, March 23)

As Congress leaves for a two-week recess, the omnibus goes into effect with many non-spending policy provisions and others affecting revenue.

As Congress leaves for a two-week recess, the omnibus goes into effect with many non-spending policy provisions and others affecting revenue. Of interest to real estate:

  • Tax technical corrections positively affecting Foreign Investment in Real Property Tax Act (FIRPTA) provisions; partnership audit reform rules; and an expansion of the low-income housing tax credit.  (Joint Committee on Taxation, Technical Explanation Summary.)

  • The National Flood Insurance Program is decoupled from the omnibus and reauthorized through the end of July – as an incentive for policymakers to pass a longer renewal before their August recess.

  • The EB-5 immigration investment program is extended for six months until Sept. 30 –  the 13th extension since Sept. 2015.

  • The Environmental Protection Agency’s Brownfields program is reauthorized as part of the BUILD Act, which includes an expansion of brownfield eligibility to non-profits; makes brownfield sites acquired prior 2002 eligible; and increases funds for cleanup up to $500K (or $650,000 w/waiver).

  • Funding for Infrastructure – although specific funding for a “Gateway” railway project between New York and New Jersey is not included, the omnibus includes billions from a variety of sources that could be utilized for such a project.  (CNN, March 22)

Prior to congressional passage of the bill, it was reported that measures addressing the internet sales tax and joint employer issues were under consideration for inclusion, yet both did not make it in the final legislative text.  

The repercussions of the omnibus will be discussed during the April 25 Spring Roundtable Policy Meeting in Washington, DC. 

Senate Legislation Introduced to New CECL Accounting Standard Affecting Treatment of Expected Loan Losses

Posted on by Trey Jackson

Legislation introduced May 21 by Sen. Thom Tillis (R-N.C.) would delay implementation of the Current Expected Credit Losses (CECL) accounting standard, which will force banks to book losses on bad loans much faster.  (ABA Journal, May 22)

  Legislation introduced May 21 by Sen. Thom Tillis (R-N.C.) would delay implementation of the Current Expected Credit Losses (CECL) accounting standard, which will force banks to book losses on bad loans much faster.

  • The independent Financial Accounting Standards Board (FASB) is proceeding with its plan to implement CECL for publicly traded U.S. banks at the beginning of 2020 – and later for other financial institutions. (Roundtable Weekly, April 5)
  • FASB  Chairman Russell Golden reiterated the organization’s commitment to implementing CECL in an interview this week with Bloomberg Tax. “We think we need to continue to work with community banks to make sure that they understand what CECL is and what it’s not,” Golden said.  (BGov, May 22)
  • The new CECL model will require certain financial institutions to estimate the expected loss over the life of a loan – a significant change to the way banks calculate reserves on assets.  The regulatory change in how banks estimate loan and lease losses (ALLL) will require substantial changes in data analytics and financial methodologies. (Wall Street Journal, April 3)  The accounting rule change was issued by the FASB in June 2016 as a result of the 2008 financial crisis.
  • For real estate, there is concern is that banks may reduce lending volumes as they build up additional capital reserves to be in compliance with CECL.  The new standard may cut into earnings and regulatory capital by forcing some banks to boost their loan-loss reserves.  (Roundtable Weekly, March 8)  
  • A business coalition that included The Real Estate Roundtable in March urged further study amid concerns that CECL may soon begin to reduce aggregate bank lending.  (Coalition Letter, March 5)

    The  Financial Accounting Standards Board (FASB) plans to implement CECL.

  • Sen. Tillis’ bill (S. 1564) would require the Securities and Exchange Commission (SEC) and bank regulators to study CECL’s effect on the availability of credit and on bank capital before the new  accounting standard takes effect.
  • Fourteen Senators – seven Democrats and seven Republicans – on May 10 sent a letter to the Federal Reserve Board and the Federal Deposit Insurance Corp. requesting a delay of CECL until the regulators analyze how the new rules could impact lending.  Twenty five members of Congress on May 6 sent a letter to the SEC requesting a delay in implementation of the new FASB rule until the SEC studies it.

At a House Financial Services Committee hearing May 22, Treasury Secretary Steven Mnuchin responded to a question about the ability of community banks to lend under  CECL.  “I share some of your concerns. This is an issue we continue to study,” Mnuchin said.  (BGov, May 22)

Senate Hearing on Beneficial Ownership Follows House Committee Action Affecting Corporate Entity Transactions

Posted on by Trey Jackson

A Senate Banking Committee hearing this week on “Combating Illicit Financing by Anonymous Shell Companies Through the Collection of Beneficial Ownership Information” followed recent approval of legislation by the House Financial Services Committee that would affect beneficial ownership requirements for commercial real estate transactions.

Senate Banking Chairman Mike Crapo (R-ID)  held a hearing this week on “Combating Illicit Financing by Anonymous Shell Companies Through the Collection of Beneficial Ownership Information.”

  • Senate Banking Chairman Mike Crapo (R-ID) said in his opening statement that the committee seeks solutions “… to deter money laundering and the financing of terrorism through the use of front companies, shell companies, shelf companies, opaque nominees, and other means to conceal and disguise the true beneficial owners of property and other assets.”
  • The Senate committee held a previous hearing on the subject last November.  Another hearing focusing on industry perspectives is expected in June.
  • Congressional consideration of the beneficial ownership issue comes after the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) amended the Bank Secrecy Act regulations in May 2018.  FinCEN added a Customer Due Diligence rule requiring financial institutions to collect the beneficial ownership information of legal entities with which they conduct commerce. (FinCEN news release, May 2018)
  • In the House of Representatives, the Financial Services Committee considered legislation (H.R. 2514) affecting beneficial ownership during a May 8 mark-up.  (Committee Memorandum, May 3)
  • The committee approved legislation introduced by Reps. Emanuel Cleaver (D-MO) and Steve Stivers (R-OH) – introduced the “Coordinating Oversight, Upgrading and Innovating Technology, and Examiner Reform Act” or the “COUNTER Act” by a vote of 55-0.   The bill would require financial institutions to determine the beneficial owners involved in certain commercial real estate transactions – similar to a FinCEN Geographic Targeting Order (GTO) requirement affecting certain residential purchases. (CQ, May 9) 

    Congressional consideration of the beneficial ownership issue comes after the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) amended the Bank Secrecy Act regulations in May 2018. 
  • FinCEN’s GTO issued in November 2018 requires U.S. title insurance companies to identify the natural persons behind shell companies used in all-cash purchases of residential real estate.  The purchase amount threshold, which previously varied by city, is now set at $300,000 for each covered metropolitan area.  The GTO also covers certain counties within the following major U.S. metropolitan areas: Boston; Chicago; Dallas-Fort Worth; Honolulu; Las Vegas; Los Angeles; Miami; New York City; San Antonio; San Diego; San Francisco; and Seattle. (Wall Street Journal – Nov. 15, 2018) 
  • Another House Financials Services Committee proposal introduced by Reps. Carolyn Maloney (D-NY) and Peter King (R-NY) was postponed during the May 8 mark-up, yet is expected to be considered in June.  Their Corporate Transparency Act of 2019 ( H.R. 2513) would shift FinCEN reporting requirements on beneficial ownership from banks to the business community.  (CQ, May 9 and May 21) 
  • The Maloney-King legislation would require every business with fewer than 20 employees to register their beneficial owners with FinCEN.  Businesses would also need to update that registration with any changes (home or business address, driver’s license change, change in ownership) within 60 days, and annually for the life of the business.  Failure to do so would result in federal criminal penalties.  However, the bill fails to address the required information and the process for compliance.

The Roundtable has raised concerns about beneficial ownership reporting requirements and the potential burdens they place on the real estate industry. (Coalition letter – Feb. 6, 2018).  The Roundtable will continue to work with policymakers to stake out a balanced position on the issue that would inhibit illicit money laundering activity but does not place unnecessary costs and legal burdens on the real estate industry.

Senate Finance Committee Ranking Member Introduces Bill to Tax Carried Interest at Ordinary Income Rates

Posted on by Trey Jackson

Senate Finance Committee Ranking Member Ron Wyden (D-OR) yesterday introduced legislation to fundamentally alter the longstanding tax treatment of a profits interest in a real estate partnership. 

Senate Finance Committee Ranking Member Ron Wyden (D-OR) has introduced legislation to fundamentally alter the longstanding tax treatment of a profits interest in a real estate partnership.

  • The Wyden proposal (detailed summary of the legislation and one-pager) would depart dramatically from prior carried interest legislation by taxing partners before any capital gain or even rental income is generated by the partnership.  For example, it would give rise to large amounts of taxable (but phantom) income for a general partner with a profits interest during the pre-construction and development phase of a real estate project.
  • The legislation would treat a profits interest in a real estate partnership as an interest-free loan from the other partners. The bill would effectively tax the partner with a profits interest annually, at ordinary income rates, on his or her deemed share of the invested capital by multiplying the deemed share by a specified interest rate (9% plus the variable yield on a corporate bond index that is currently 2.93%).  The product would be considered taxable, ordinary income.
  • In addition to taxing partners currently on non-existent, illusory income, in many cases the legislation would not allow partners to recover the taxes down the road if the project ultimately fails to produce a capital gain.  That’s because the losses would be treated as capital losses that generally are nondeductible against ordinary income. 
  • General partners are currently taxed at ordinary income rates on their management fees and other income that is compensatory in nature.  Partners owe tax on any guaranteed payments for services provided.  Under the Wyden bill, however, a real estate entrepreneur would be taxed today on a partnership’s invested capital-capital at risk-irrespective of whether the project will ever generate income.  

  • The  Real Estate Roundtable opposes both Senate and House carried interest proposals. General partners earning a carried interest in a real estate partnership bear significant risks beyond direct capital contributions. These risks can include funding predevelopment costs, guaranteeing construction budgets and financing, and exposure to potential litigation over countless possibilities. 

  • Senator Wyden’s bill came just days after a televised interview in which President Trump indicated he still intends to address the carried interest issue.  (FOXBusiness, May 20).  “If President Trump wants to address carried interest and make the tax code more fair, he’ll be happy to support my new proposal,” said Sen. Wyden. (Wyden news release, May 23) 
  • Other legislative proposals to reform the taxation of carried interest were introduced in March by Sen. Tammy Baldwin (D-WI) and House Ways and Means Committee member Bill Pascrell, Jr. (D-NJ).  (News releases: Baldwin and Pascrell)
  • The Roundtable and 13 other national real estate organizations sent a letter to members of the House Ways and Means Committee on March 26 about the adverse impact that the Baldwin-Pascrell legislation (H.R. 1735) would have on U.S. real estate and entrepreneurial risk taking.  (Roundtable Weekly, March 29)  
  • The letter notes how the bill would result in a huge tax increase on Americans who use partnerships in businesses of all types and sizes – and would be particularly harmful to the nearly 8 million partners in U.S. real estate partnerships.  
  • The March 26 letter states, “The false narrative surrounding the carried interest issue is that it targets only a handful of hedge fund billionaires and Wall Street executives.  The carried interest legislation is far broader and would apply to real estate partnerships of all sizes-from two friends owning and leasing a townhome to a large private real estate fund with institutional investors.” 

The Real Estate Roundtable opposes both Senate and House carried interest proposals.  General partners earning a carried interest in a real estate partnership bear significant risks beyond direct capital contributions. These risks can include funding predevelopment costs, guaranteeing construction budgets and financing, and exposure to potential litigation over countless possibilities.