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Sunday, November 12, 2017

Possible Favorable Impacts on Inbound U.S. Real Property Investments under the Proposed Tax Act

The proposed Act has provisions that will provide benefits to non-U.S. persons making investments into U.S. real property.

For foreign persons investing individually (or through pass-through entities) in U.S. partnership and LLC structures, the reduced maximum tax rate to 25% on pass-through entity income may act to reduce income tax on non-capital gains. Generally, 30% of the profits of such ventures will be able to obtain that rate. Also, if estate taxes are repealed after six years, a major disincentive to foreign individuals in investing through U.S. pass-through entities will fall by the wayside.

For foreign persons that hold their investments through U.S. corporate blocker entities, the reduced maximum corporate tax rate should reduce the income tax cost for such structures.

It remains to be seen what the final bill will look like, and whether it will be passed by Congress. If passes with the above benefits, the foregoing benefits may help offset some of the disincentive to investing in new single family home construction. Such homes may lose various tax incentives, such as limits on interest deductions for a primary residence, the disallowance of interest deductions on second homes, and the narrowing of the gain exclusion on sale of principal residences.

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