REITs and the Taxman: How to settle the bill

For those just getting their beaks wet with REIT investing, we have some news: Uncle Sam wants his crack of the nest egg.

A basic understanding of REIT tax mechanics can help trim the tab and your nest egg in tip top shape.

REIT income taxation 101

When tax season rolls around, REITs send shareholders a 1099-DIV form summarizing the growth of the principal investment as well as the cumulative dividend payouts for that tax year. 

In most cases, REIT investors simply need to input the information from the 1099-DIV form into TurboTax, H&R Block, FreeTaxUSA, or other preferred self-filing software. 

With the exception of the 1099-DIV form, REITs generally do not require any additional paperwork.

In the eyes of the IRS, there are two components to REIT taxation:

  1. Dividends
  2. Capital gains or losses (resulting from the sale of an REIT stake) 

Here, we’ll break down how they are handled and what variables impact taxation rates.

On the backend: REITs and corporate tax

REITs are granted favorable tax status if they meet the following conditions:

  • 90% of their income is distributed to shareholders in the form of dividend payments
  • 75% of income is generated from real estate activities

In return, they are considered “pass through” corporations (like LLCs and S-corporations) and exempt from paying corporate taxes. 

Consider that other types of dividend distributions, like those that come from profit-sharing stocks, are first taxed at the corporate level. 

This bodes well for REIT shareholders – there’s more pie to go around. 

REIT dividend distribution taxation

However, that pie isn’t getting off scot free. Though they weren’t taxed on the corporate level, they are taxed on the individual (shareholder) level.

REIT dividend distributions fall into one of three taxation buckets:

  • Ordinary income, marginal rate
  • Long-term capital gains
  • Return on capital

Here, we’ll go over each category and how to know where your 2020 REIT dividend payments fall.

Ordinary income

The U.S. tax code classifies dividend distributions of any variety as either ‘qualified’ or ‘ordinary.’ 

Because the investor receives the untaxed REIT payment, dividend distributions are considered ‘ordinary’ or ‘non-qualified.’

In the majority of cases, REIT dividend distributions are categorized as ordinary income – the same bucket as the salary your employer pays you, bonuses,

commissions, tips, income from your own business, etc.

In 2017, Congress passed the Tax Cuts and Jobs Act, which included an advantageous tax perk for REIT investors.

REIT dividend distributions were granted a 20% deduction, which lowers the taxable amount.

For example: If an investor received $10,000 in REIT dividend distributions in 2020, only $8,000 of it is added to their taxable income for the year.

Ultimately, the rate of taxation of your REIT distributions will depend on your total income for that tax year. That figure is subject to the federal government’s progressive income taxation rate, outlined in the table below.

2021 Federal Income Tax Brackets

Rate Single Individuals Married Individuals Filing Joint Returns

Heads of Household

10% Up to $9,950 Up to $19,990 Up to $14,200
12% $9,951 to $40,525 $19,901 to $81,050 $14,201 to $54,200
22% $40,526 to $86,375 $81,051 to $172,250 $54,201 to $86,350
24% $86,376 to $164,925 $172,251 to $329,850 $86,351 to $164,900
32% $164,926 to $209,425 $329,851 to $418,850 $164,901 to $209,400
35% $209,426 to $523,600 $418,851 to $628,300 $209,401 to $523,600
37% $523,601 $628,301+ $523,601

 

The tax rate of your dividend distributions will depend on your total net income for that calendar year. 

Long-term capital gains

While the majority of REIT income is taxed as ordinary income tax, some of the dividend distributions may instead be subject to a capital gains tax. 

In most cases, capital gains tax rates are preferable to income tax rates because they are usually lower.

Dividend distributions that qualify for the preferred capital gains tax are the product of incidental events. 

Most commonly, it is income generated from the sale of a property in the REIT’s portfolio that is in turn distributed to shareholders> The only condition for the proceeds from a sale to qualify for long-term capital gains tax is that it must have been held in REIT’s portfolio for at least a year. 

Not to worry – the 1099-DIV form will parse out how much of your total distributions will be subject to ordinary income tax (Box 1) versus capital gains tax (Box 2).

Return of capital

Lastly, a portion of your total REIT distribution income may be classified as ‘return of capital,’ which you will find in Box 3 of your 1099-DIV document. 

The good news is that any funds that fall into Box 3 are tax free (woo hoo!) – for now. 

In short, the REIT is returning a portion of investors’ principal investment.

Because you already shelled out taxes on your initial investment, you won’t need to pay taxes again when that capital is returned to you. 

However, return on capital income could have tax implications downstream.

When the REIT returns a piece of your original investment in the form of distributions, you aren’t selling your shares in the REIT.

Instead, your cost-per-share is reduced.

For example: 

  • You bought 100 shares of HappyNest’s REIT at $100 per share. 
  • In a dividend distribution, HappyNest distributes $5 per share return on capital.
  • You would see $500 ($5 x 100 shares) in Box 3 of your 1099-DIV
  • After, your cost per HappyNest share is $95.
  • A few years from now, you sell your HappyNest holdings at $200 dollars per share. 
  • Because of that $5 return of capital distribution, your profit on the sale would be $105 dollars per share ($200-$95=$105).

The profit from the sale of REIT shares is subject to taxes in the year of their sale.

Reinvested dividend taxation

If you are reinvesting your REIT dividend distribution, the distribution is still considered taxable income. 

Principal investment taxation

As far as your core investment, no tax applies while it remains invested in the REIT.

It only has tax implications if you sell your stake.

If you liquidated out of a REIT stake this year (i.e., sold you shares), there are a few more tax considerations.

If the shares you sold gained value while you were holding them, the profits (sale value – principal investment) are taxable.

The rate of taxation depends on how long you held your REIT stake. 

Short-term capital gains tax

If you held the shares for less than a year, then any profits from the sale should be considered ordinary income and will be based on your income tax bracket.

Long-term capital gains tax

There is a tax incentive to hold your REIT investment for at least a year.

If you do, any profits from the sale of your shares will be subject to the long-term capital gains tax, which is generally lower than income tax rates.

2021 capital gain tax rates
Taxation % Income
0% $0–$40,400
15% $40,401–$444,849
20% $445,850

 

Capital losses

2020 proved to be a difficult year for certain sectors of the real estate market, especially the commercial office and retail sectors. 

That means investors may have sold out of their REIT stake at a loss. Filers can subtract up to $3,000 worth of capital losses from their taxable income per year. 

However, $3,000 is the maximum capital loss deduction allowed per year against your total earned income. Losses that exceed $3,000 can be deducted from future tax filings. 

A lucrative investment

Taxes might not be great dinner conversation, but they are the tail-side of the wealth-growing coin.

Tax efficiency can have big implications on your bottom line. Working with a tax professional to better understand how taxes work can further your financial education and optimize your tax bill.  

And there’s no better investment than that of your financial knowledge. 

 

5 real estate market predictions for 2022

As 2021 draws to a close, we’re looking ahead for our annual real estate market predictions, 2022 edition.

There are two big variables that could impact how things might play out. First, whether the prices of lumber and building materials that have spiked over the past year will correct, continue at elevated levels, or possibly even continue to climb.

The second factor is whether or not the Federal Reserve will do anything about high levels of inflation and raise interest rates.

So far, there haven’t been strong indicators that they will. As such, the following real estate market predictions for 2022 assumes fiscal policy and commodity prices will continue in the same trend they are now – upwards.

Here are HappyNest’s five real estate predictions for 2022.

1. The housing market will continue to see double digit growth

After an unbelievable year that saw appreciation rates nearing 20% on the tail of 2020’s 7% gains, people began to wonder if perhaps we are in a housing bubble.

We’re probably not. The reason is that much of the influx of demand that came into the market is investment institutions (hedge funds, banks, etc.).

While the mainstream media claims it’s Millennials entering the market, this is simply not true. First of all, there is always some organic turnover as young adults reach their home-buying years. Millennial have been very delayed in this regard. After a decade of setbacks, those entering the housing market for the first time represent a minority of buyers. Additionally, many of them are buying as couples – even friends are teaming up – as homeownership would otherwise be unattainable.

The Federal Reserve has kept interest rates as 0% since the onset of the pandemic. That money is lent out to big banks. This money finds its way into various investment vehicles – hedge funds, private equity, etc. – who have been buying up houses like hotcakes. Earlier this year, Zillow accidentally over-purchased almost 7,000 homes.

However, the Fed’s low interest rates aren’t being passed onto consumers. While mortgage rates are low, the criteria around who can get mortgages in the first place has tightened.

Bank lending multiples have declined significantly over the last decade. Now, the average mortgage lending multiple is about two and a half times the borrower’s income. Less than five years ago, it was about four times the annual income of applicants with good credit.

With the Fed’s printer still humming and interest rates still near zero for banks, there’s no reason to think they will cease buying up houses, adding a steady stream of demand side pressure and driving up prices in the housing market.

2. The Industrial and Logistics sector will have exponential growth

Our real estate market prediction for 2022 is the industrial and logistics sector will continue its exponential year-over-year growth.

The massive growth in e-commerce that started accelerating aggressively at the onset of the pandemic has held strong through 2021, as we predicted. As of right now, there’s no discernible reason to think that trend will slow down in 2022.

Filling all those online orders requires big industrial shipping facilities, much like HappyNest’s flagship property. Currently on a 10-year lease with FedEx, the real estate market outlook for this sector is so promising, rent increases are already in the lease terms.

The warehouse market has seen tremendous growth, and trucking remains the primary domestic transportation route. As retailers continue to scale up their e-commerce activities, the demand for these limited-supply properties will drive prices even further up. There have already been reports of warehouse lease rates soaring due to skyrocketing demand. Every one of those warehouses will need semi trucks to deliver the stock to retailers or consumers, therefore the need for industrial properties sustaining or continuing its appreciation is all but guaranteed.

HappyNest’s industrial property is in a strategic location for nationwide operations. It is located in Fremont, Indiana. It is nestled between three major interstate in America’s heartland for maximum efficiency.

3. Office real estate will improve, but not recovery fully from the pandemic

One real estate market sector that might experience growth on a year-over-year basis is the office sector. However, that growth will only partially recover from the dive the sector took from the onset of the pandemic. That’s because a huge portion of the remote work force doesn’t want to return to the office.

For that reason, a year-over-year perspective doesn’t provide the scope needed to understand this corner of the real estate market.

Because since then, several large-scale companies have announced that they will not require large portions of their workforce to return to the office at all. Additionally, small and mid-sized businesses appreciate the financial lift off their operational overhead now that they’ve worked out the logistics of running their companies remotely.

With an influx of supply and reduced demand, out real estate market prediction for the office space sector is a reduction in rates to seduce companies into leases and recondition them to the 9-to-5 work life the pandemic interrupted.

With new virus variants creating some uneasiness around calling the workforce back into the office, this sector may find themselves with vacancies on their hands long-term. Buildings whose zoning support it may find a different use cases, such as an AirBnB, housing, or hotel conversion.

4. Investment capital will continue to sweep into all sectors

With the Federal Reserve keeping interest rates at zero, thereby making lending capital to banks and financial institutions all but risk free, more investment capital will flow into all real estate sectors.

Considering the back drop of high inflation levels, keeping cash on hand is somewhat of a liability for banks. No where is this better evidenced than the Federal Reserve’s reverse repo market. The use of the fed’s reverse repo is at all time highs – and on an eye-popping exponential curve.

The Federal Reserve's reverse repo use levels are a variable in our real estate market predictions
Source: The New York Federal Reserve

Real estate has long been a hedge against inflation. Continuity of current policy is the Federal Reserve implicitly encouraging large financial institutions to buy up assets in quantity. From financial institutions’ perspective, while capital is available at 0% interest rates, why not keep adding assets to their balance sheets?

The reality is, in light of the tremendous double-digit gains in several real estate sectors (notably, the housing market and industrial sector), even what would usually qualify as a major correction wouldn’t fully undo the gains since 2020.

Until the Federal Reserve signals a meaningful change in policy, such as raising interest rates or pulling cash out of circulation, it is our real estate market prediction that the real estate market at large will continue to see increased demand in all sectors.

Compounded with the private sector’s strong interest in real estate and you’ve got a recipe for big pumps. Investors want to be on the right side of that.

5. Migrations and mass relocations will have regional effects

Ever since the major shutdowns of 2020 that have meaningfully reshaped the workforce and untethered former office workers from their workplace, some cities are experiencing major exoduses while others are experiencing major influxes.

Austin, Texas in particular has seen tremendous growth. In 2020, Austin’s population grew by almost 3.5%. Partially thanks to Elon Musk, Austin’s population is on track to gain another 3.6% in 2021. Several large companies, including Apple and Google either have plans to move or expand operations through 2022.

Of course, the people moving to cities like Austin and others that are experiencing growth are coming from somewhere. Notably, all three companies with plans to move to Austin are currently headquartered in the Greater San Fransisco Bay Area. This exodus of thousands of jobs is already being felt in Bay Area real estate prices.

Likewise, Boise, Idaho has experience tremendous growth over the last two years, and housing prices have followed suit. Major metropolises like New York City and Chicago have experienced population contractions.

Large-scale population shifts will be felt asymmetrically across the nation as supply-demand dynamics change on a regional level.

HappyNest’s real estate market prediction

As our final real estate market prediction, HappyNest remains confident in its portfolio performance for 2022 and beyond. We remain well fortified against the uncertainties in the times ahead. Properties in our portfolio will presumably remain in demand as well as appreciate. We are not anticipating any vacancies. With strong, financially stable tenants on long-term leases, we expect rent income to continue uninterrupted for the foreseeable future.

We look forward to sharing the wealth and paying out to HappyNest shareholders in the form of quarterly dividends and property value appreciation.

Wishing you a happy holiday season and a prosperous New Year from all of us here at HappyNest.

 

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