PRIA, Government Policy, Made Personal

Summary

A 4% tax applies to a real estate investment trust (REIT) for any year if the amount it was supposed to distribute to shareholders is more than what it actually paid. The tax is 4% of the difference between the “required distribution” and the “distributed amount.” The required distribution is 85% of the REIT’s ordinary income plus 95% of its capital-gain income, and it is adjusted up if the REIT fell short in a prior year using a “grossed up” calculation that uses 100% instead of those percentages. The distributed amount is basically the dividends the REIT deducted for the year plus any amounts already taxed under related REIT rules, and it is adjusted if the REIT overpaid in a prior year. The tax must be paid by March 15 of the year after the calendar year in question. Ordinary income here means the REIT’s taxable income without capital gains, measured on a calendar-year basis. Capital gain net income means the REIT’s capital gain as defined in the tax code, reduced by any net ordinary loss. Any deficiency dividend is counted when it is paid, and the income that causes an adjustment is treated as arising when that dividend is paid.

Title 26, §4981

Internal Revenue Code, Source: USLM XML via OLRC

(a)Imposition of tax

There is hereby imposed a tax on every real estate investment trust for each calendar year equal to 4 percent of the excess (if any) of— (1)

(2)the distributed amount for such calendar year.

(b)Required distribution

For purposes of this section

(1) In general

(2)Increase by prior year shortfall

The amount determined under paragraph (1) for any calendar year shall be increased by the excess (if any) of— (A)

(B)the distributed amount for such preceding calendar year.

(3)Grossed up required distribution

The grossed up required distribution for any calendar year is the required distribution for such year determined—

(A)with the application of paragraph (2) to such taxable year, and

(B)by substituting “100 percent” for each percentage set forth in paragraph (1).

(c)Distributed amount

For purposes of this section

(1) In general

(2)Increase by prior year overdistribution

The amount determined under paragraph (1) for any calendar year shall be increased by the excess (if any) of— (A)

(B)the grossed up required distribution for such preceding calendar year.

(3)Determination of dividends paid

The amount of the dividends paid during any calendar year shall be determined without regard to the provisions of section 858.

(d)Time for payment of tax

The tax imposed by this section for any calendar year shall be paid on or before March 15 of the following calendar year.

(e)Definitions and special rules

For purposes of this section

(1) Ordinary income

(2)Capital gain net income

(A)In general

The term “capital gain net income” has the meaning given such term by section 1222(9) (determined by treating the calendar year as the trust’s taxable year).

(B)Reduction for net ordinary loss

The amount determined under subparagraph (A) shall be reduced by the amount of the trust’s net ordinary loss for the taxable year.

(C)Net ordinary loss

For purposes of this paragraph, the net ordinary loss for the calendar year is the amount which would be net operating loss of the trust for the calendar year if the amount of such loss were determined in the same manner as ordinary income is determined under paragraph (1).

(3)Treatment of deficiency distributions

In the case of any deficiency dividend (as defined in section 860(f))—

(A)such dividend shall be taken into account when paid without regard to section 860, and

(B)any income giving rise to the adjustment shall be treated as arising when the dividend is paid.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Subsection (b)(3)(A) of section 857, referred to in subsec. (c)(1)(B), was repealed and subsection (b)(3)(B) was redesignated (b)(3)(A) by Pub. L. 115–97, title I, § 13001(b)(2)(K)(i), Dec. 22, 2017, 131 Stat. 2096.

Amendments

1988—Subsec. (c)(1)(A). Pub. L. 100–647, § 1006(s)(3), inserted “(but computed without regard to that portion of such deduction which is attributable to the amount excluded under section 857(b)(2)(D)” after “such calendar year”. Subsec. (e)(2). Pub. L. 100–647, § 1006(s)(1), amended par. (2) generally, designating existing provisions as subpar. (A) and adding subpars. (B) and (C). 1986—Pub. L. 99–514 substituted “Excise tax on undistributed income of real estate investment trusts” for “Excise tax based on certain real estate investment trust taxable income not distributed during the taxable year” as section catchline and amended text generally. Prior to amendment text read as follows: “Effective with respect to taxable years beginning after December 31, 1979, there is hereby imposed on each real estate investment trust for the taxable year a tax equal to 3 percent of the amount (if any) by which 75 percent of the real estate investment trust taxable income (as defined in section 857(b)(2), but determined without regard to section 857(b)(2)(B), and by excluding any net capital gain for the taxable year) exceeds the amount of the dividends paid deduction (as defined in section 561, but computed without regard to capital gains dividends as defined in section 857(b)(3)(C) and without regard to any dividend paid after the close of the taxable year) for the taxable year. For purposes of the preceding sentence, the determination of the real estate investment trust taxable income shall be made by taking into account only the amount and character of the items of income and deduction as reported by such trust in its return for the taxable year.”

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 AmendmentAmendment by Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under section 1 of this title.

Effective Date

of 1986 AmendmentAmendment by Pub. L. 99–514 applicable to calendar years beginning after Dec. 31, 1986, see section 669(b) of Pub. L. 99–514, set out as a note under section 856 of this title.

§4981 Excise Tax on Undistributed Income of Real Estate Investment Trusts

Summary

Title 26, §4981

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata