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Protectionist Politics Are Shaping the REIT Landscape

Defining the future of real estate

Propmodo Daily

By Franco Faraudo · June 3, 2024

Greetings!

The 2020s have seen a shift from globalization towards protectionism. One example is the new IRS regulation (TD 9992), which imposes tax restrictions on non-American investors in domestic REITs, requiring that at least half of a D-REIT's investors be American to maintain tax benefits. As discussed in today's email, this regulation aims to curb foreign investment in U.S. real estate, ostensibly to help housing affordability, but it seems to be driven by political optics.

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Now, let's dig in!

Protectionist Politics Are Shaping the REIT Landscape

In 2005, Thomas Friedman published his influential book The World Is Flat. In it, he examined how the economic playing field had been leveled by decades of globalization. If the early 2000s can be described as the pinnacle of the age of globalization, the 2020s can be seen as the height of the age of protectionism. The globalized economy has made trade and commerce a new battleground, and countries are constantly finding new ways to give their citizens an advantage.

We are starting to see protectionism affecting the real estate investing world as well. One example is the new IRS regulation (TD 9992) that limits the tax advantages of investing in “domestic” REITs for non-American investors. Currently, foreign investors in domestic REITs don’t have to file a return or pay taxes on the gains from investing in a REIT. But the new regulation will require that at least half of a D-REIT’s investors be American, otherwise, it will lose the domestic REIT designation and the tax benefits that go with it.

There is a ten-year transition period for this new regulation, so the changes won’t be felt right away, but it is only a matter of time before some funds start limiting the number of foreign investors. The anticipation of this investment supply shortage might be one of the reasons why Europe, Asia, and the Pacific have seen the largest global share of new REIT offerings in the last few years.

American real estate has always been an attractive investment to foreign investors, and REITs are one of the easiest ways to invest in U.S. property. This used to be seen as a good thing—more investment capital coming into the country only helps the economy. But now political talking points have changed. Fair or not, large corporations buying up property are seen as a contributing factor to the housing affordability problem. Foreign buyers, especially those who are not paying U.S. taxes, are an easy target for politicians and regulators who want to be seen as protectors of the constituents that get them elected.

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