Category: News

Democrats Reintroduce Legislation to Tax Carried Interest At Ordinary Income Rate

Posted on by Trey Jackson

Legislation to reform the taxation of carried interest was introduced on March 13 by Sen. Tammy Baldwin (D-WI) and House Ways and Means Committee member Bill Pascrell, Jr. (D-NJ).  (News releases: Baldwin and Pascrell)

Legislation to reform the taxation of carried interest was introduced on March 13 by Sen. Tammy Baldwin (D-WI) and House Ways and Means Committee member Bill Pascrell, Jr. (D-NJ). 

  • The Carried Interest Fairness Act of 2019 would reverse decades of partnership tax law by characterizing profits earned through certain investment partnerships as ordinary income.  The legislation would recast capital gains earned by some partners—including gain associated with the sale of appreciated real estate—as income taxable at the maximum individual rate.  The current top capital gains rate is 20 percent and the top tax rate on ordinary income is 37 percent.  
  • Similar legislation was introduced in the 115th Congress.  The 2017 tax overhaul included a change to carried interest taxation, increasing the length of time from one to three years that partners with a carried interest must hold their investment to qualify for long-term capitals gains treatment. (The Hill, March 13)
  • The Democrats’ carried interest bill is under consideration by congressional tax-writing committees as a possible revenue offset for separate legislation to extend temporary tax breaks that lapsed on Jan. 1, 2018.  According to one press report, when asked whether carried interest could be an offset for his tax bill, House Ways and Means Chairman Richard Neal (D-MA) responded, “I think you’re on the right track.”  (CQ password-protected, March 14)

The Real Estate Roundtable opposes proposals such as the Carried Interest Fairness Act.  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. 

Roundtable’s DeBoer Profiles Industry Policy Agenda, Including TRIA, Infrastructure, FIRPTA

Posted on by Trey Jackson

Roundtable President and CEO Jeffrey DeBoer yesterday discussed the organization’s national policy priorities in the current Congress with Roundtable Board Member Holly Neber (CEO, AEI Consultants and President, CREW Network) during the 2019 Connect Los Angeles conference.  (Watch video of DeBoer’s discussion, March 21)

RER President and CEO Jeffrey DeBoer yesterday discussed the organization’s national policy priorities in the current Congress with Roundtable Board Member Holly Neber during the 2019 Connect Los Angeles conference  . 

The policy discussion, “What’s Next!? What’s Happening in Washington and What Does it Mean for Your Business?” explored topics such as terrorism, infrastructure, foreign investment and tax reform before a standing-room only crowd of more than 500. (Video, LA Connect)

  • DeBoer profiled several compelling policy issues of importance to commercial real estate, including terrorism risk insurance.  DeBoer explained, “… TRIA, the Terrorism Risk Insurance Act, put in place after 9-11 because the direct insurance industry and the resinsurance industry said they couldn’t measure and predict a terrorism attack.  If they can’t measure and predict it, they can’t offer the product.  If they can’t offer the product, businesses can’t get all-risk insurance.  If you can’t get all-risk insurance, you can’t get financing.  So this issue of TRIA being extended … since being in place since 2002, is very important to liquidity. It’s very important to market stability.  And we want to get it extended by the end of this Congress, by the end of 2020.”    
  •  TRIA was enacted in 2002 and was extended in 2005, 2007 and 2015. Without Congressional reauthorization, the program will expire on December 31, 2020.
  • DeBoer also addressed the need for Congress to pass legislation that will address infrastructure improvements on a national level.  “We need to recognize that we are in a new transportation revolution.  And it’s changing and we’re going to change in the next 10, 15 years; the way we access our infrastructure.  We want to get this infrastructure bill done.  We want to get it as broad as possible.  We want to bring in as much private capital as we can,” DeBoer said, emphasizing that public-private partnerships can play a major role in infrastructure improvement projects.  (see Infrastructure story above)
  • He also discussed tax policy priorities, including repeal of the Foreign Investment in Real Property Tax Act (FIRPTA) and recently introduced legislation that would change taxation of carried interest (see Tax Policy story above).

The Roundtable released its 2019 National Policy Agenda during its January State of the Industry Meeting in Washington (Roundtable Weekly, Feb. 1).  

House Ways and Means Committee Explores Funding for National Infrastructure Improvements

Posted on by Trey Jackson

The tax-writing House Ways and Means Committee held a hearing this week on the need to launch a national infrastructure improvement program and potential funding sources.  

The Joint Committee on Taxation issued an “Overview Of Selected Internal Revenue Code Provisions Relating To The Financing Of Public Infrastructure.”

    • Highway Trust Fund
    • Airport and Airway Trust Fund Excise Tax
    • Inland Waterways Trust Fund Excise Tax
    • Harbor Maintenance Trust Fund Excise Tax
    • Tax-Exempt Financing for Public Infrastructure; and
    • Public-Private Partnerships

The hearing covered the looming shortfall in the Highway Trust Fund and the viability of potential revenues sources – such as an increase in the gas tax and the imposition of a Vehicle Miles-Traveled fee– to help finance increased infrastructure spending.

House  Ways and Means Chairman Richard Neal (D-MA) said President Trump’s interest in “a massive infrastructure package,” shows Congress has “a real opportunity to work together and do something big here.”  (Chairman Neal statement, March 6)commercial real estate market. 
  • Ways and Means Chairman Richard Neal (D-MA) noted how “meaningful, sustained investments in our nation’s infrastructure” would create more jobs, encourage a more competitive business climate and revitalize local communities.  Neal also said President Trump’s interest in “a massive infrastructure package,” shows Congress has “a real opportunity to work together and do something big here.”  (Chairman Neal statement, March 6)
  • President Trump stated during his January State of the Union address, “I know that Congress is eager to pass an infrastructure bill. And I am eager to work with you on legislation to deliver new and important infrastructure investment, including investments in the cutting edge industries of the future. This is not an option, this is a necessity,” Trump said.  (Roundtable Weekly, Feb. 8)
  • The Roundtable’s 2019 Policy Agenda notes that every $1 billion spent on infrastructure creates an estimated 13,000 jobs.  “The quality of infrastructure systems—including transportation, utilities, and telecommunications—has been cited as the most important factor influencing real estate decisions around the world. The productivity of our cities, towns and workforce depend on systems that safely and reliably transport people, supply power, and share information across the built environment,” according to the report.   (The Roundtable’s 2019 Policy Agenda Infrastructure section.)

The Roundtable sent a comment letter to President Trump in Jan. 2018 offering specific suggestions on how innovative financing sources may be used to help pay for infrastructure improvements – and how restructuring a lengthy permitting process and cutting unnecessary red tape will help control project costs and delays. 

Roundtable Warns of Potential Economic Harm if New Duties are Imposed on Fabricated Structural Steel Imports

Posted on by Trey Jackson

The Commerce Department has initiated investigations into whether a key material used in major real estate and infrastructure projects – fabricated structural steel (FSS) from Canada, China and Mexico – is being sold in the U.S. for less than fair value.  (Commerce Department announcement, Feb. 26)

The Commerce Department has initiated investigations into whether a key material used in major real estate and infrastructure projects – fabricated structural steel (FSS) from Canada, China and Mexico – is being sold in the U.S. for less than fair value.

  • The Roundtable on March 4 wrote to the U.S. International Trade Commission (ITC) urging a cautious approach to the investigation, emphasizing the potential economic harm that new tariffs could cause.  Roundtable President and CEO Jeffrey DeBoer concludes in the letter that “… unless supported by conclusive evidence of unfair dumping or subsidies, I urge you to reject calls for new tariffs on U.S. imports of fabricated structural steel.”  (Roundtable comment letter, March 1)
  • The antidumping and countervailing duty investigations are based on petitions from the American Institute of Steel Construction.  If  Commerce and the ITC affirm that dumped and/or unfairly subsidized U.S. imports of fabricated structural steel from Canada, China, and Mexico are causing injury to the U.S. industry, punitive duties could be imposed on those imports.  (Reuters,  Feb. 26)
  • The Roundtable letter emphasizes the negative effects of FSS tariffs.  “New duties could have a chilling effect on job creation and productive investment, slowing economic growth and reducing employment in industries directly and indirectly affected by real estate development,” DeBoer states.
  • In 2017, imports of fabricated structural steel from Canada, China, and Mexico were valued, respectively, at an estimated $658.3 million, $841.7 million, and $406.6 million  (Commerce Department Fact Sheet).
  • Rising costs due to the shortage of skilled labor are currently putting pressure on new real estate development.  Steel prices in the United States also rose significantly after the imposition of 25 percent tariffs on many steel imports last March. (Roundtable Weekly, March 9, 2018)
  • The declining competitiveness of domestic steel fabricators could be attributed to the unfortunate downstream economic consequences of steel tariffs imposed last year – and may not reflect clear evidence of dumping or illegal subsidies.
  • As The Roundtable letter notes, “… there is significant cross-border integration and cooperation in the fabricated structural steel industry.  Foreign fabricators operate facilities in the United States, utilize U.S.-made steel in their finished products, and regularly form joint ventures with U.S. firms to take on large and complex projects.”
  • DeBoer also states, “… rather than spurring real estate and infrastructure developers to purchase fabricated steel from domestic sources, unjustified government intervention in the form of new duties may lead potential U.S. buyers to shelve projects that would create well-paying jobs and produce a lasting economic impact in communities.”

The ITC is scheduled to make its preliminary determinations by March 21, 2019.

 

Rural-Urban Coalition Supports Legislative Reforms for Stronger EB-5 Investment Program In Lieu of Inadequate Regulations

Posted on by Trey Jackson

Comprehensive legislative reforms to the EB-5 investment program are needed to provide stronger safeguards to combat fraud and safeguard national security while balancing rural and urban areas’ access to the program, according to a coalition of 11 national industry organizations. (Coalition letter, March 8)

A coalition of 11 national industry organizations recommends comprehensive legislative reforms to the EB-5 investment program are needed to provide stronger safeguards to combat fraud and safeguard national security while balancing rural and urban areas’ access to the program. (  Coalition letter  , March 8)

 

  • The coalition—in a letter sent today to the Office of Management and Budget’s (OMB) Director Mick Mulvaney—maintains that regulations proposed during the Obama era lack national security and anti-fraud provisions essential to overhaul the program.  These proposed regulations also do not provide for a “set aside” of EB-5 investment visas for projects in so-called “Targeted Employment Areas” – a key policy component of stakeholder negotiations to encourage fair access to EB-5 capital in urban, suburban, and rural communities.
  • The letter also recommends that EB-5 Targeted Employment Areas should overlap with Opportunity Zones designated by the Treasury Department in June 2018.  Both geographic designations are census tract-based and share the common objective to channel investment capital to the nation’s distressed communities.  “We cannot discern a sound policy basis to establish two different sets of census tract designation criteria to achieve the same policy objective,” the organizations wrote.
  • President Trump on December 12, 2018 signed an Executive Order directing all federal agencies (including OMB) to consider how their programs can enhance revitalization efforts in new Opportunity Zones.  (White House statement and  PBS Video, Dec. 12, 2018)
  • The coalition letter concludes that final publication of these rules by the Department of Homeland Security would undermine congressional efforts to improve and sustain the EB-5 program over the long term.  “Our organizations continue to believe that congressional action is the best way to achieve lasting reform,” the letter states.  

Sen. Tim Scott (R-SC) – who led the effort in Congress for enactment of the Opportunity Zones program – discussed its goals and incentives on Jan. 29 in a discussion with Roundtable member Geordy Johnson (CEO, Johnson Development Associates, Inc.) during The Roundtable’s State of the Industry Meeting (Roundtable Weekly, Feb. 15)

The Real Estate Roundtable Elects New Board and Committee Leadership for FY2017

Posted on by Trey Jackson

(WASHINGTON, D.C.) — At The Real Estate Roundtable’s Annual Meeting on June 14-15, members approved the organization’s leadership for their fiscal year beginning July 1, 2016. 

William C. Rudin (Rudin Management Company, Inc.) was elected to his second year as the organization’s chairman. Joining him on the Board of Directors, as of July 1, are: 

  • Brian Harnetiaux, Senior Vice President of Asset Management, McCarthy Cook & Co.
    Chair and Chief Elected Officer, Building Owners & Managers Association (BOMA) International
  • Elizabeth I. Holland, CEO/General Counsel, Abbell Associates
    Chairman, International Council of Shopping Centers
  • Jodie W. McLean, CEO, EDENS
  • Stephen P. Weisz, President and CEO, Marriot Vacations Worldwide Corporation
    Chairman of the Board, American Resort Development Association.

Stepping down from the Roundtable board are:  

  • Stephen D. Lebovitz, President and CEO, CBL & Associates Properties, Inc.
    Immediate Past Chairman, International Council of Shopping Centers
  • George M. Marcus, Chairman, Marcus & Millichap Company.

The full board list and committee leadership for FY 2017 can be found online at www.rer.org. 

For FY 2017, The Roundtable has added a Membership Committee to continue its efforts to maintain a balanced and diverse membership, co-chaired by Jeffrey B. Citrin (Managing Principal, Square Mile Capital Management LLC), and Anthony J. LoPinto (Global Sector Leader, Real Estate, Korn Ferry).

The Sustainability Policy Advisory Committee (SPAC) will continue to be led by Anthony E. Malkin (Chairman & CEO, Empire State Realty Trust), and Joyce S. Mihalik (Vice President, Design Services, Forest City Realty Trust) will serve as the new vice chair. 

The Real Estate Capital Policy Advisory Committee (RECPAC) will be co-chaired by Dennis Lopez (Global Chief  Investment Officer, AXA Real Estate Investment Managers), Mark Myers (Executive Vice President, Wells Fargo), and Diana Reid (Executive Vice President, PNC Bank) will serve as vice chair. 

The Research Committee will be chaired by Michael Bilerman (Managing Director, Citi Investment Research).

As for the Tax Policy Advisory Committee (TPAC), Frank G. Creamer, Jr. (Senior Advisor, Trimont Real Estate Advisors) will remain chair, and Jeffrey S. Clark (Senior Vice President, Global Tax and JV Accounting, Host Hotels & Resorts Inc.) will serve as vice chair. 

The Homeland Security Task Force (HSTF) leadership remains the same, with co-chairs Joseph Billy Jr. (Vice President/Global Security, Prudential), and J. Christopher Woiwode (Vice President, Security, Macerich). 

Roundtable Chairman William C. Rudin acknowledged the contributions of outgoing board members and our policy advisory committee leaders. “Thanks to the dedication, knowledge, and the leadership of our outgoing board and committee leaders, The Roundtable this past year made tremendous strides in all areas of our policy issues; the 6–year extension of the Terrorism Risk Insurance Act (TRIA), congressional authorization for the voluntary “Tenant Star” program, significant reforms of the Foreign Investment in Real Property Tax Act (FIRPTA), critical improvements to legislation affecting how large and small partnerships are audited for tax purposes, and efforts to reinvigorated the debate over how to authorize the collection of taxes owed for online purchases and goods.”

“We look forward to the new leadership’s valuable insights, along with years of industry experience, as we continue to work with our 17 national trade association partners to jointly address key national policy issues relating to real estate and the overall economy.” added Rudin. 

“The Roundtable had a terrific year, raising the industry profile in positive and substantive ways, and adding value to policy issue discussion throughout Washington. The industry leaders on our board of directors took our well-informed, fact-based organization to a new level of thoughtful analysis of policy proposals. Throughout the year we quickly responded to policy challenges and we proactively advanced our perspective on important issues,” said Roundtable President and CEO, Jeffrey D. DeBoer.

 

Real Estate Roundtable Commits Cooperation on Productive Policy Agenda with President-Elect Trump and New Congress

Posted on by Trey Jackson
(WASHINGTON, D.C.) — Real Estate Roundtable CEO and President Jeffrey D. DeBoer today committed to
working on a positive policy agenda with President-Elect Trump and the 115th Congress on compelling issues

affecting the nation’s economy, job creation and the health of commercial real estate markets.

“We look forward to working with President-Elect Trump and the 115th Congress to positively boost job creation, expand the economy, and address the many important national policy issues relating to real estate and the national economy.

Strong real estate markets provide millions of American jobs, improve the well being of our local communities, support the interests of national security and defense, and help sustain the nation’s critical infrastructure in our towns, cities, and states. 

The strength of real estate, and the benefits the industry provides to all Americans, depends on fair, consistent, and forward-looking policy at all levels of government. Real estate public policies are non partisan. They should be based on objective economic principles, responsive to changing economic cycles and sensitive to societal demands. 

Tax and financial regulatory reform; infrastructure investment; immigration issues; energy policy; and, physical and cyber security each will present opportunities to advance the economy job creation and the stability of U.S. real estate markets. 

We are excited to offer our support, expertise and assistance to President-Elect Trump and to the new Congress. We are honored to contribute meaningfully to the strength and prosperity of our nation,” said DeBoer.

About The Real Estate Roundtable

The Real Estate Roundtable brings together leaders of the nation’s publicly-held and privately owned real
estate ownership, development, lending and management firms with the leaders of national real estate trade associations to jointly address key national policy issues relating to real estate and the overall economy. Collectively, Roundtable members’ portfolios contain over 12 billion square feet of office, retail and industrial properties valued at more than $1 trillion; over 1.5 million apartment units; and in excess of 2.5 million hotel rooms. Participating trade associations represent more than 1.5 million people involved in virtually every aspect of the real estate business.

Vice President Pence Promotes Opportunity Zones Program; Wall Street Investors Focus on Opportunity Funds

Posted on by Trey Jackson

Vice President Mike Pence and Sen. Tim Scott (R-SC) promoted the new Opportunity Zones (OZ) program in South Carolina yesterday as an example of how economically distressed areas can be redeveloped to benefit lower-income communities.  (WCBD video, Feb. 21)

Vice President Mike Pence and Sen. Tim Scott (R-SC), above, promoted the new Opportunity Zones (OZ) program in South Carolina yesterday as an example of how economically distressed areas can be redeveloped to benefit lower-income communities.  (WCBD video, Feb. 21). 
  • “The truth is, Opportunity Zones help address unique needs by forming partnerships between the federal government with regard to tax benefits, state and local leaders, and local investors to create that incentive that makes it even more possible for people to invest at the point of the need,” Pence said.  (Pence Remarks, Feb. 21)
  • Vice President Pence added, “As President Trump said just a few months ago, when he established what came to be known as the White House Opportunity and Revitalization Council – which is going to be coordinating efforts and identifying Opportunity Zones all across the country – as the President said, and I quote, ‘No citizen will be forgotten, no community will be ignored…no American will be left on the sidelines.’ “
  • Sen. Scott – who led the effort in Congress for enactment of the Opportunity Zones program – discussed OZ goals and incentives on Jan. 29 in a discussion with Roundtable member Geordy Johnson (CEO, Johnson Development Associates, Inc.) during The Roundtable’s State of the Industry Meeting (Roundtable Weekly, Feb. 15)
  • Wall Street’s interest in OZs was profiled this week in the New York Times, which reported more than 80 opportunity funds have been established since January 2018 – and that the program “has unleashed a flurry of investment activity by wealthy families, some of Wall Street’s biggest investors and other investors.”  (New York Times, Feb. 20)
  • The article also notes that “The National Council of State Housing Agencies, which is tracking opportunity-zone funds, found that money managers and nonprofits had so far sought to raise over $18 billion.” 

A recent IRS hearing focused on how OZ regulatory guidance may affect long-term investments in certain low-income communities. The Treasury Department is expected to release its second set of OZ regulations in the coming weeks.  Another public hearing will follow before rules for the program are finalized.  (Roundtable Weekly, Feb. 15)

IRS Holds Hearing on Opportunity Zones; Roundtable Working Group Meets With Treasury Officials on OZ Regulations

Posted on by Trey Jackson

An IRS hearing this week focused on how Opportunity Zone regulatory guidance may affect long-term investments in certain low-income communities.  The hearing, originally scheduled for Jan. 10, was rescheduled due to the government shutdown in December. 

An IRS hearing this week focused on how Opportunity Zone regulatory guidance may affect long-term investments in certain low-income communities.

  • Earlier in the week, a delegation from The Real Estate Roundtable’s Opportunity Zone Working Group met with Treasury officials to discuss proposed and forthcoming tax regulations.  The meeting addressed key areas where additional guidance could help ensure the Opportunity Zone tax incentives succeed in stimulating productive, job-creating real estate investment in the designated low-income communities. Among the issues discussed:
    • Determining what constitutes the original use of property for Opportunity Zone purposes, and in particular, whether a Qualified Opportunity Fund can purchase a newly constructed building before it is placed in service;
    • Clarifying how land is treated for purposes of the Opportunity Zone asset test, and how to account for leased property;
    • Facilitating contributions of real property to Opportunity Funds by current property owners
    • Ensuring that capital gain in multi-asset Opportunity Funds can qualify for the tax incentives;
    • Clarifying the tax consequences of refinancing and debt distribution transactions, particularly those that involve appreciated Opportunity Zone assets;
    • Encouraging capital formation and growth in Opportunity Zones through favorable gain reinvestment, roll-over, and holding period rules at the investor, fund and business level; and
    • Enhancing the 31-month working capital safe harbor through additional safeguards and relief for fund investors making a good faith effort to deploy their capital. 

Sen. Tim Scott (R-SC) led the effort in Congress for enactment of the Opportunity Zones program.

Similar issues were raised by 23 witnesses at the five-hour IRS hearing on Thursday.  (Bisnow, Feb. 14). 

  • A letter on Feb. 5 from Senators Chris Coons (D-DE) and Michael Bennet (D-CO) to Treasury Secretary Steven Mnuchin raised additional issues and expressed concerns regarding the potential for waste and abuse, including in the context of real estate investment. (Delaware Business Now, Feb. 6).
  • The Opportunity Zone program’s goals and incentives were the focus of a Jan. 29 discussion during The Roundtable’s State of the Industry Meeting, which  featured Sen. Tim Scott (R-SC) – who led the effort in Congress for enactment of the program – and Roundtable member Geordy Johnson (CEO, Johnson Development Associates, Inc.).
  • The Real Estate Roundtable provided formal comments on Dec. 19, 2018 that encouraged Treasury and the IRS to clarify certain tax issues for potential Opportunity Zone (OZ) investors and Qualified Opportunity Zone managers.  The letter was the second round of Roundtable comments following Treasury’s initial set of proposed OZ regulations issued last October. (Roundtable Weekly, Oct. 21, 2018 and  Dec. 19, 2018)

The highly-anticipated, second set of Treasury OZ regulations are expected in the coming weeks.  Another public hearing will follow before rules for the program are finalized.

 

TAX POLICY

Posted on by Trey Jackson