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8594 matching Form: What You Should Know

A quick review of Form 8594 — Real Estate Institute What is the difference between Real Estate Investment Trust (REIT) and real estate investment trust (REIT) investment properties? A REIT is a corporation that owns real property which is a REIT property. A REIT property is not property held by the company. Instead, it's property that is owned by a trust, and that belongs to a separate trust. If ownership of the property passes through a REIT, that property will qualify as an investment property under Section 1221 of the Code, while if ownership passes through an individual trust, the trust will be considered to own the property, and that property will be considered an ordinary business asset for tax purposes. Section 1201 provides that a person who holds an investment property, and it is owned or controlled by that person, can deduct any expenses in connection with acquiring, repairing and maintaining the property, including, but not limited to: cost of any improvements made to the property (but only if the improvements are required to provide a substantial benefit); any property insurance or tax benefits under the policy (but only if the property was insured or the taxes were saved by reason of the improvement); and any tax benefits from a tax shelter. The fact that the property is held by an individual trusts will not have any impact (and may have a negative impact) on the value of the property as long as the individual trusts maintain the trust interest as a separate entity (i.e. their interests are separate, but the trust keeps track of information on the individual trust interests). The rules are different for the following: Capital Gains — if an REIT's income is greater than its expenses and then decreases below its expenses then the excess or decrease will be considered a capital gain. Interest Deduction — if an REIT has interest expense, the interest expense will be deducted and reported on Form 8816, a taxable income tax form, that shows the gain for a taxable year. Interest expense on an REIT can be deducted at any time. Tax Breaks — an REIT can write off its taxes under Section 482 of the Code if its taxes are less than its investments or expenses (if the investment is the interest on the REIT's property instead of the purchase of the property with money from the trust).

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