What Is a REIT?

A Real Estate Investment Trust, or REIT, is a company that owns, and in most cases, operates income-producing real estate. Some REITs finance real estate. To be a REIT, a company must distribute at least 90% of its taxable income to shareholders annually in the form of dividends.

A REIT is essentially a corporation or business trust that combines the capital of many investors to acquire or provide financing for all forms of real estate. A REIT serves much like a mutual fund for real estate in that retail investors obtain the benefit of a diversified portfolio under professional management. Its shares are freely traded, often on a major stock exchange.

A corporation or trust that qualifies as a REIT generally does not pay corporate income tax to the Internal Revenue Service (IRS). This is a unique feature and one of the most attractive aspects of a REIT. Most states honor this federal treatment and do not require REITs to pay state income tax. This means that nearly all of a REIT's taxable income can be distributed to shareholders, and there is no double taxation of the income to the shareholder. Unlike a partnership, a REIT cannot pass its tax losses onto its investors.

In order for a corporation or trust to qualify as a REIT, it must comply with certain provisions within the Internal Revenue Code. As required by the Tax Code, a REIT must:

  • be a corporation, business trust or similar association;
  • be managed by a board of directors or trustees;
  • have shares that are fully transferable;
  • have a minimum of 100 shareholders;
  • have no more than 50 percent of the shares held by five or fewer individuals during the last half of each taxable year;
  • invest at least 75 percent of the total assets in real estate assets;
  • derive at least 75 percent of gross income from rents from real property, or interest on mortgages on real property;
  • derive at least 95 percent of gross income from the same items that qualify for the 75 percent test or from dividends or interest from any source;
  • pay dividends of at least 90 percent of REIT taxable income.

    NOTE: This information was taken from www.nareit.com.