The Real Estate Roundtable, along with 16 other national real estate trade organizations, submitted detailed comments to the Senate Finance Committee and House Ways and Means Committee, which held hearings this week on how to fund recent Biden Administration  infrastructure investment proposals.

Congressional Consideration

• The coalition letter states, “As Congress considers options to pay for these investments, we urge policymakers not to erode longstanding tax rules that support job creation, capital formation and productive risk taking. Several of the tax proposals in the Administration’s infrastructure and human capital initiatives, unfortunately, would reduce real estate investment and diminish opportunities for startup businesses and those less advantaged.”
• The comments focus on recent Biden Administration tax proposals, including:
  • Limiting taxpayers’ ability to defer gain that is reinvested in property of a like-kind;
  • Nearly doubling the tax rate on long-term capital gains;
  • Limiting capital gains treatment to invested cash and disregarding other forms of risk taken by partners; and
  • Making death a taxable event at far lower levels of income and potentially taxing the unrealized gain on appreciated assets not once but twice when an individual dies. 

Economic Impact 

• The letter states, “(President Biden’s) American Jobs Plan and American Families Plan offer credible initiatives to address many of our Nation’s most pressing needs, such as a modernized infrastructure, a more comprehensive approach to climate-related matters, and increased investments in housing, education, and childcare. We support aggressive steps to finance infrastructure needs, increase the supply of affordable housing, expand the economy, and promote job growth. Regrettably, some of the tax proposals accompanying the plans would reduce economic activity and opportunities and be completely counterproductive to the goals of the President’s initiatives.”
• The coalition comments detail how the Biden tax proposals would undercut the tax base in localities throughout the country that rely on real estate taxes to finance schools, police, and other first responders. It also notes how the proposed taxes would diminish the incentive for private investment of capital in riskier real estate projects, such as affordable housing and redevelopment in struggling communities.
• The letter also cites an April 2021 EY study commissioned by the Family Business Estate Tax Coalition, which includes The Real Estate Roundtable, that shows the impact of a specific proposal that would impose tax on transferred assets at death. The study found that repealing stepped-up basis and taxing unrealized gains at death would result in reduced job growth, lower wages, and a reduction in GDP of roughly $10 billion per-year. 

Tax Issues & LKEs 

• A May 18 webcast moderated by Marcus & Millichap President and CEO Hassam Nadji entitled “Tax Reform: A CRE Game Changer?” featured Roundtable President and CEO Jeffrey DeBoer and EisnerAmper Tax Partner Lisa Knee.
• DeBoer and Knee discussed many of the tax issues put forward by President Biden. (Access the Marcus & Millichap webcast by completing a registration form)
• DeBoer will also participate in Commercial Observer’s May 25 “Stand With Cities” webcast, which will focus on how civic, city, state, and business leaders are joining forces to strengthen the economies of U.S. urban centers. (Registration for webcast)

• Among the other industry leaders scheduled to participate in the May 25 event are the following Real Estate Roundtable Members:
  • Kathleen McCarthy (Global Co-head of Blackstone Real Estate)
  • Owen Thomas (CEO, Boston Properties)  
  • Matthew Kelly (CEO, JBG Smith) 
  • Marty Burger (CEO, Silverstein Properties)  
  • Tony Malkin (Chairman & CEO Empire Realty Trust) 
  • Scott Rechler (Chairman and CEO, RXR Realty)  
• A list of all participants is on the event website.
• DeBoer was also quoted in Commercial Observer on May 18 on President Biden’s proposal to limit the use of Section 1031 like-kind exchanges. “Exchanges reduce the need for outside financing, leading to less leverage and debt on U.S. real estate. As a result, exchanges allow cash-strapped minority-, women- and veteran-owned businesses to grow their business by temporarily deferring tax on the reinvested proceeds,” DeBoer stated. 

• Like-kind exchanges were the focus of a May 19 webcast that featured Roundtable Senior Vice President and Counsel Ryan McCormick. The webcast – “Powerful Economic Activity Supported by 1031 LKEs: A Dive into the EY Economic Impact Study” – was sponsored by the Institute for Portfolio Alternatives.
   
• The Roundtable will also host a virtual congressional staff briefing next week on real estate like-kind exchanges and the Administration’s proposed changes to Section 1031 of the tax code. 

President Biden’s proposals, congressional action and the industry response will be a focus of discussion at The Roundtable’s June 15 Annual Meeting and its Tax Policy Advisory Committee (TPAC) Meeting on June 16.

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