- Coronavirus Aid Relief Economic Security Act Guideline Real Estate
Coronavirus Aid, Relief and Economic Security Act (CARES Act) Guideline
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abril 06, 2020
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On March 27, the President signed into law the CARES Act, designed to provide financial relief to those impacted by the COVID-19 pandemic. The Act contains both tax and financial relief provisions intended to address the strains placed on individuals and businesses, both large and small, from the coronavirus impact.
Real Estate – Executive Summary
The most prominent tax aspects of the CARES Act as it relates to real estate owners and operators are as follows:
- Qualified Improvement Property life fixed to reflect 15 years and now eligible for bonus depreciation.
- Most REITs do not take bonus as it doesn’t apply for earnings & profits.
- Absent further guidance, entities that elected out of section 163(j) will not be eligible for bonus on QIP.
- NOLs from 2018, 2019 and 2020 can be carried back 5 years for corporations (e.g. Taxable REIT Subsidiaries).
- This provision will allow corporations to obtain a refund of taxes paid at the 35% tax rate for years prior to 2018.
- In addition, the NOL carryforward limitation of 80% is removed for 2019 and 2020. This would apply to 2018 NOLs carried forward.
- Forgivable small business loans available for those financially impacted by COVID-19, such as landlords and tenants.
- Payroll tax credits to retain employees and enhance cash flows.
- Interest expense allowed up to 50% of Adjusted Taxable Income; many real estate companies already elected out of 163(j) as an electing real property trade or business (RPTOB).
- Elimination of the $500,000 excess business loss limitation rule for joint tax filers.
Related Information
Published
abril 06, 2020
Key Contacts
Senior Managing Director, Leader of Real Estate Tax Compliance
Senior Managing Director
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