Posted on December 8, 2017
NAIOP's legislative team is committed to keeping you informed throughout this historic tax reform legislative process with progress updates and what the legislation means for the commercial real estate development industry.
The Senate has taken a significant step toward achieving comprehensive tax reform by passing its version of the Tax Cuts and Jobs Act. This week, the House and Senate will meet in conference to iron out the differences between the two versions.
Both the Senate and House versions of the bill include matters important to our industry, including:
- Maintaining Section 1031 like-kind exchanges for real estate.
- Maintaining the deductibility of interest on debt for those involved in real property trades or businesses, including CRE development.
- Preserving capital gains tax treatment of carried interest for real estate practitioners, but requiring that assets be held for three years or more. Senate amendments that would have eliminated capital gains treatment for carried interests completely were defeated.
- Reducing corporate tax rates to 20 percent from the current 35 percent, not taking effect until 2019 in the Senate proposal.
- Limiting state and local taxes deductions to property tax and capping it at $10,000; the original Senate proposal would have eliminated it completely.
- Doubling the estate and gift tax exemption levels (with inflation adjustments) from the current $5.49 million for individuals or $10.98 million for married couples. The Senate version would not completely repeal the estate tax; the House version phases it out entirely by 2024.
While the Senate amended its original version to bring it more in line with provisions included in the House bill, several important differences remain, including: