Reit Testing Checklist With Answers
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FAQ
Penalties - Imposition of Tax for Failure to Meet the 95?percent or 75?percent Gross Income Tests. If a REIT fails to meet the 95-percent or 75-percent gross income tests but meets the requirements set forth in IRC § 856(c)(6), the REIT does not lose its REIT status but instead pays the tax imposed by IRC § 857(b)(5).
Penalties - Imposition of Tax for Failure to Meet the 95?percent or 75?percent Gross Income Tests. If a REIT fails to meet the 95-percent or 75-percent gross income tests but meets the requirements set forth in IRC § 856(c)(6), the REIT does not lose its REIT status but instead pays the tax imposed by IRC § 857(b)(5).
How to Qualify as a REIT? To qualify as a REIT, a company must have the bulk of its assets and income connected to real estate investment and must distribute at least 90 percent of its taxable income to shareholders annually in the form of dividends.
Beginning with its second taxable year, a REIT must meet two ownership tests: it must have at least 100 shareholders (the 100 Shareholder Test) and five or fewer individuals cannot own more than 50% of the value of the REIT's stock during the last half of its taxable year (the 5/50 Test).
A REIT will be closely held if more than 50 percent of the value of its outstanding stock is owned directly or indirectly by or for five or fewer individuals at any point during the last half of the taxable year, (this is commonly referred to as the 5/50 test).