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Form 1120-REIT and Form 1120: Basics

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The Basics of REIT Taxation

Favorable Tax Rate An active REIT that is registered with the SEC for at least three years has an average 15% effective tax rate on its net investment income (NI) at the federal level. In some states, the effective rate is even lower. According to the latest Internal Revenue Service (IRS) estimates, the most recent tax year, the effective tax rate of 1.2% on the net investment income of U.S.-based Rests was slightly lower than that of the broader U.S. real estate investment trusts (i.e. real estate investment trusts). The IRS expects it to stay at around 1.2% for the current tax year ending March 2017. If a REIT that is currently taxed at a higher rate is able to convert at its later expiration and becomes tax-exempt, its tax rate would change. If the dividend is then recharacterized within the last ten years, it is taxed again. This means there would be no tax at the time of the conversion and the investment would pay tax at higher rates. Rights Held by the Trust Under the IRS rules, the Resting Trust is the owner of all the REIT's rights. The rights are not restricted to the specific properties of the actual property or units of the REIT, but to the underlying assets (i.e. stocks, bonds) and the rights to which any interest is subject. The REIT has some rights in its properties but other rights that are not subject to the holding trust. The shares of the underlying assets are called “dividends” in this case. The Resting Trust holds these shares in the form of the dividend. At the end of the tax year, the Resting Trust gets the amount of the dividend which is the value of the dividends, which we will not count as taxable income of the Resting Trust. The dividend is a form of return of capital paid to the REIT, which is an equal per share amount. Dividends are not interest, but they are the cost of the stock. The Resting Trust also has an investment return of capital that will also need to be included in the taxes for the tax year. Some Rests, such as the Rests we look at today will have an actual portfolio and will pay dividends out of the actual

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Form 1120-S: U.S. Income Tax Return for an S Corporation Definition

This form is sent to the Internal Revenue Service (IRS). These schedules can be used to: determine whether there is an election to include S corporation share of income by shareholders of the corporation, and Determine how dividends of the corporation and its shareholders are treated. If an S corporation is treated as a partnership for federal income tax purposes, Form 1120-S also requires information about the partnership's income, deductions, and credits. This information should be listed on Part III. If an S corporation is a personal service corporation (PSC) for federal income tax purposes, Form 1120-S also requires information about the corporation's income, deductions, and credits. This information should be listed on Part III. What if the information on the Schedule A is incorrect? If your Schedule A doesn't give the correct information, we will apply the following adjustments and provide notice of your corrections. If the corrected information doesn't affect the corporation's income tax, we'll include it in the return. If the amended information affects the corporation's federal tax liability, we'll apply either of the following: a) the modified adjusted gross income of the corporation, or b) the corporation's income amount on the Form 1120. If either of the adjustments above applies, no notice should be sent. Corrected return with income amount in effect Before we send a corrected return you must receive the following information. The following information must be found on the corrected return: Your corrected income tax return. Your corrected Form 1120-S. This item lists any adjustments that affect your income tax. You must have your corrected Form 1120-S if you haven't received it yet. The date the schedule is due. Any return received after that date but before the due date of the amended return may not be accepted. Corrected schedule Schedule A Corrected return without income amount on Form 1120-S Form 1120-S may be filed by completing the Form 1120. If a return is missing some or all of the information required on the form, or it's incorrect because of a typographical error, we may not fill the entire form. Therefore, our procedures for completing Schedule A depend on the return missing some or all of the required information. If we find that the return is missing any of the information on Schedule A, we won't make any of the adjustments listed on this form, even if the additional information required is on the

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