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King Washington Form 1120-REIT: What You Should Know
S. Treasury Department is working on legislation to define what real estate investment trusts are (i.e. what is a 'Real Estate Investment Trust (REIT)'?). As a result of this, the REIT tax is not due until the second quarter of 2016, or possibly, 2017. The IRS Form 1069-R is required to determine real estate investment trusts in the state of Hawaii in February 2017. However, the IRS states that if you choose to have these amounts reported as Rents on your income tax return, then you will not be on the hook for taxes. Thus, you can hold onto the rental income as a rental income when filing your income tax return. Hawaii's Real Estate Tax: The REIT tax is a 0.9% tax on gross income for qualifying Rests. The rental income is reported under Form 2032, Real Estate Investment Trust Income. “Relevant facts and circumstances in section 3 must be considered in determining whether a REIT has engaged in a business.” (emphasis added) So that means the rental income is reported as an income tax. It's your business income as a REIT. No problem! However, it doesn't take many words to define it as income that is taxed, just go ahead and read what it means: “(a) A Trust generally is a Partnership (other than an LLC or a corporation) with the assets owned or controlled by it (other than by means of the acquisition that gives rise to the qualification under section 951(a)(1) or (2)) and a Partnership Interest (other than a Partnership Interest described in section 951(AA)(1)) which is owned (or is treated, for U.S. federal income tax purposes, as owned) by a person other than the trust. “(b) An entity that forms a partnership for the purpose of receiving rental income from real estate under subsection (a) is treated as a partnership for purposes of applying chapter 7, and any partnership interest or income of the entity treated as held by the trust is also treated as income earned or incurred by the corporation with respect to a real estate property.
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