News & Analysis as of

Real Estate Investments Mortgage REITS

Skadden, Arps, Slate, Meagher & Flom LLP

Final ‘Domestically Controlled REIT’ Regulations Retain Corporate Look-Through With Some Modifications

On April 24, 2024, the Treasury Department released final regulations that alter key rules affecting many real estate funds and foreign investors in U.S. real estate....more

Bilzin Sumberg

Proposed Regulations May Affect Taxation of Foreign Investors in REITs

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On December 29, 2022 the IRS and the Treasury Department issued a notice of proposed rulemaking (REG-100442-22) (the “Proposed Regulations”) that, among other things, affects the determination when Real Estate Investment...more

Whitman Legal Solutions, LLC

Environmental Sustainability in Real Estate

ESG requires a holistic evaluation of the business to determine how it serves its stakeholders inside and outside of the company and the environment where it has influence. The relative focus on environment, social, and...more

Akin Gump Strauss Hauer & Feld LLP

U.S. Treasury Proposes Sweeping Changes Narrowing a Key Exception from U.S. Taxation for U.S. Real Estate Investments Made by...

Key Points - Recently proposed regulations would significantly curtail the ability for private fund sponsors and non-U.S. investors to use a so-called D-REIT to facilitate a tax-efficient exit from U.S. real property...more

Whitman Legal Solutions, LLC

Changes to Tax on Carried Interests Would Lead to Conflicts of Interest

Politicians are touting a new tax proposal they claim would "close the carried interest loophole." The tax proposal wouldn't eliminate carried interests as implied—it would only extend the holding period from three to five...more

Goodwin

Goodwin REIT Alert: REIT M&A Trends Through the Pandemic (2020-2022)

Goodwin on

As in most other market sectors, REIT M&A activity came to a screeching halt in March 2020 as the COVID-19 pandemic took hold in the United States and globally. In the face of significant uncertainty surrounding the ability...more

Freeman Law

What is a REIT? Real Estate Investment Trusts and Taxation

Freeman Law on

REITs, or real estate investment trusts, are often described as a mutual fund for real estate.  Congress established REITs to allow individual investors to invest in large-scale, income-producing real estate. Since their...more

Ballard Spahr LLP

Financial Disclosures in the COVID-19 Era for REITs and other Public Companies Relating to Real Estate Assets and Liabilities

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The stock markets’ volatility in the era of the COVID-19 pandemic is one of the virus’ largest impacts. With that in mind, the SEC recently made clear that timely disclosure of significant financial and non-financial issues...more

Orrick, Herrington & Sutcliffe LLP

Distress in Commercial Real Estate - Considerations for the CRE Warehouse Market

There has been increasing use in Europe by non-bank lenders of warehouse finance in the commercial real estate (CRE) lending market. These private financing structures are used by non-bank CRE lenders such as real estate debt...more

Mayer Brown Free Writings + Perspectives

Could the US Government’s Financial Stability Oversight Council Subject the Residential Mortgage Industry or Mortgage REITs to...

Raise your hand if you are an independent mortgage banker, a residential mortgage real estate investment trust (“mREIT”) or a nonbank investor in residential mortgage loans that would like to be subject to additional federal...more

Whitman Legal Solutions, LLC

Leaving a String Quartet or Tenant-in-Common Real Estate Investment

The Cleveland Quartet musicians had the luxury of selecting the time when they wanted to disband. They also likely didn’t have to think about tax consequences when they disbanded.   However, for individuals who jointly...more

Mayer Brown Free Writings + Perspectives

Survey of Recent SEC Comment Letters to Mortgage REITs

In recent years, the Staff of the Securities and Exchange Commission (the “SEC”) has been providing comments regarding companies’ presentations of non-GAAP financial measures in public filings. ...more

Allen Matkins

Commissioner Issues Annual Securities Report

Allen Matkins on

The California Commissioner of Business Oversight is require to prepare an annual report summarizing the data collected from issuers that were granted permits to offer and sell securities pursuant to Corporations Code §...more

Kramer Levin Naftalis & Frankel LLP

Almost 40% of U.S. advisors utilize alternative investments: Cerulli report

A Cerulli report (for purchase) shows interest in alternative investments is growing, with mean allocations climbing to 7.2%, up from 5.7%. Nearly 40% of all advisers used alternative funds, excluding liquid alternatives. ...more

Mayer Brown Free Writings + Perspectives

House Act Would Expand Investment Opportunities for REITs

On September 6, 2018, House Committee on Financial Services Chairman Jeb Hensarling and Representative John Delaney released a discussion draft of the Bipartisan Housing Finance Reform Act (the “Act”). ...more

Mayer Brown Free Writings + Perspectives

On point. – Non-GAAP Financial Measures Used by REITs: Frequent SEC Comments

Counsel Brian Hirshberg examines some of the issues raised in comment letters issued by the SEC staff to real estate investment trusts regarding their use of financial measures not presented in accordance with generally...more

Hogan Lovells

What's on the radar for real estate?

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In this short guide, we have highlighted some of the key legal changes that are on the real estate radar in a variety of international jurisdictions. ...more

Hogan Lovells

Budget shock for property industry: non-UK resident landlords to be taxed on UK property gains

Hogan Lovells on

Quietly, almost without any fanfare, a tax policy of more than 50 years designed to encourage overseas investment into UK real estate was reversed in the small print of the Budget. The announcement has provoked a storm across...more

Holland & Knight LLP

West Coast Real Estate Update: June 2016 #2

Holland & Knight LLP on

LACMTA Approves Tax Ballot Measure to Fund $120 Billion Transit Plan - The Los Angeles County Metropolitan Transportation Authority (LACTMA) on June 24, 2016, approved a sales tax ballot measure to help fund $120 billion...more

Alston & Bird

Significant Changes Affecting REITs in The Protecting Americans from Tax Hikes Act of 2015

Alston & Bird on

On December 18, 2015, President Obama signed into law the Consolidated Appropriations Act, 2016, an omnibus spending bill, with a division referred to as the Protecting Americans From Tax Hikes Act of 2015 (the “Act”), which...more

Sands Anderson PC

Crowdfunding and Real Estate Development

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The real estate development market continues to open up to crowdfunding, and the changes to capital raising for real estate projects could be significant if only a small portion of the potential of these new methods take...more

Broker-Dealer Compliance + Regulation

FINRA Identifies Concerns with Marketing of Real Estate Investment Products

FINRA’s concern with the marketing of real estate-related products is reaching fever pitch. Its recent Regulatory Notice draws recent reviews of communications and findings in recent FINRA disciplinary actions, and gives...more

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