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Tax Changes: Increased Flexibility for Real Estate Investment Trusts.

This new law increases the limit on assets that Real Estate Investment Trusts (REITs) can hold in their taxable subsidiaries. This provides greater flexibility for these funds in managing their investments, which may impact the real estate market and indirectly affect the availability and prices of housing and commercial properties. The changes will take effect from 2026.
Key points
The asset limit for REITs in taxable subsidiaries increases from 20% to 25%.
This change grants real estate funds greater flexibility in structuring their investments.
The new rules will apply to taxable years beginning after December 31, 2025.
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Status:
Introduced
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Additional Information
A bill to amend the Internal Revenue Code of 1986 to increase the percentage limitation on assets of real estate investment trusts which may be held in taxable REIT subsidiaries.
Print number: S 1334
Sponsor: Sen. Tillis, Thomas [R-NC]
Process start date: 2025-04-08