REIT Undistributed Income Tax Avoidance

§ 4981. Excise tax on undistributed income of real estate investment trusts(a) Imposition of taxThere is hereby imposed a tax on every real estate investment trust for each calendar year equal to 4 percent of the excess (if any) of—(1) the required distribution for such calendar year, over (2) the distributed amount for such calendar year. (b) Required distributionFor purposes of this section—(1) In generalThe term “required distribution” means, with respect to any calendar year, the sum of—(A) 85 percent of the real estate investment trust’s ordinary income for such calendar year, plus (B) 95 percent of the real estate investment trust’s capital gain net income for such calendar year. (2) Increase by prior year shortfallThe amount determined under paragraph (1) for any calendar year shall be increased by the excess (if any) of—(A) the grossed up required distribution for the preceding calendar year, over (B) the distributed amount for such preceding calendar year. (3) Grossed up required distributionThe grossed up required distribution for any calendar year is the required distribution for such year determined—(A) with the application of paragraph (2) to such taxable year, and (B) by substituting “100 percent” for each percentage set forth in paragraph (1). (c) Distributed amountFor purposes of this section—(1) In generalThe term “distributed amount” means, with respect to any calendar year, the sum of—(A) the deduction for dividends paid (as defined in section 561) during such calendar year (but computed without regard to that portion of such deduction which is attributable to the amount excluded under section 857(b)(2)(D)), and (B) any amount on which tax is imposed under subsection (b)(1) or (b)(3)(A) 11 See References in Text note below. of section 857 for any taxable year ending in such calendar year. (2) Increase by prior year overdistributionThe amount determined under paragraph (1) for any calendar year shall be increased by the excess (if any) of—(A) the distributed amount for the preceding calendar year (determined with the application of this paragraph to such preceding calendar year), over (B) the grossed up required distribution for such preceding calendar year. (3) Determination of dividends paidThe amount of the dividends paid during any calendar year shall be determined without regard to the provisions of section 858. (d) Time for payment of taxThe tax imposed by this section for any calendar year shall be paid on or before March 15 of the following calendar year. (e) Definitions and special rulesFor purposes of this section—(1) Ordinary incomeThe term “ordinary income” means the real estate investment trust taxable income (as defined in section 857(b)(2)) determined—(A) without regard to subparagraph (B) of section 857(b)(2), (B) by not taking into account any gain or loss from the sale or exchange of a capital asset, and (C) by treating the calendar year as the trust’s taxable year.