Tax Reform Costs Draws Mindful Assistance from CRE Industry Leaders

Proposal Maintains 1031 Exchanges, Interest Reduction, However Housing Groups Worred About Influence On Residential Markets


From right, House Ways and Ways Chairman Kevin Brady (R-TX), Tax Policy Subcommittee Chairman Peter Roskam (R-IL) and Roundtable President and CEO Jeffrey DeBoer conference during The Roundtable’s fall meeting in Washington, D.C. on Oct. 3.

Credit: Realty Roundtable

CRE industry leaders who fretted that the biggest reword of the United States tax code in more than three years would eliminate like-kind 1031 exchange deals or reduce the capability of services to cross out interest and financial obligation expenses breathed a collective sigh of relief last week after House Republican politician leaders detailed the significant elements of their long-awaited bill.

The Tax Cuts and Jobs Act (H.R. 1), released last week by the U.S. Legislature Ways and Method Committee, also maintains existing rules for crossing out depreciation of business residential or commercial property, while minimizing the tax problem on all services.

Realty Roundtable President and CEO Jeffrey DeBoer, who led efforts to keep those arrangements, said the proposed costs, by lowering barriers to private-sector capital development and service financial investment, “will boost financial demand and job development.”

“If the last bill resembles the one introduced today, our market will put more people to work improving and enhancing existing properties – office complex, shopping mall, homes, commercial residential or commercial properties – to meet the altering and growing needs of American organisations and consumers,” DeBoer said in a statement.

The proposition lowers the business tax rate from 35% to 20% for tax years starting after 2017 and reverses the corporate alternative minimum tax.

The legislation offers an unique optimum 25% tax rate on ordinary income that would use to the “certified service earnings” of individuals engaged in business activities through sole proprietorships, tax partnerships and S corporations. Organisation earnings not qualifying as such would stay based on the normal ordinary earnings tax rate.

Current law typically deals with those entities as “pass-through” entities subject to tax at the owner or shareholder level. Earnings earned by a specific owner or shareholder of one of these entities is reported on the individual’s income tax return and undergoes regular earnings tax rates approximately the top individual marginal rate of 39.6%.

In a bulletin, the CRE Finance Council (CREFC) described the retention of interest reduction, 1031 exchanges and existing cost recovery and devaluation rules as “significant actions in the advocacy effort to allow for ongoing CRE market liquidity and supply/demand balance.”

While CREFC stays hesitant that House management can fulfill its aggressive goal of getting the bill to the Senate prior to the Thanksgiving vacation due to its size and complexity, the group anticipates a flurry of Congressional activity up till the holiday.

“We caution that unpredictability will be the order of the day up until the costs either advances to the Senate (which is working on its own legislation) or gets stymied by member opposition,” the group stated.

The U.S. apartment or condo market’s primary lobbying groups, the National Multifamily Housing Council (NMHC) and National Apartment Association (NAA), stated that while they are still examining the legislation, the proposal as composed “seeks to motivate economic development and task creation.”

“Critically, the Tax Cuts and Jobs Act would maintain interest deductibility, like-kind exchanges and other arrangements important to the house market,” the groups stated in a joint declaration.

NMHC/NAA stated it would deal with legislators to safeguard those arrangements and others, including the capital gains treatment of carried interest and the Low-Income Real Estate Tax Credit (LIHTC), throughout the “long procedure ahead prior to tax reform ends up being law.”

While capital markets, CRE and small-business interests usually lauded the proposition, the property real estate and mortgage market pointed out serious issues about how the arrangements will impact U.S. real estate markets, consisting of the production of economical real estate.

“We believe that the proposed changes to the home loan interest reduction, deductibility of state and regional real estate taxes and the exemption for capital gains treatment when families offer their principal residence would have a negative impact on the real estate market and potentially the nationwide economy as a whole,” said David H. Stevens, president and CEO of the Home Loan Bankers Association (MBA). “We are also worried about the prospective effect of certain provisions on the production of economical housing, which is essential.”

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