ARTICLE | November 17, 2022
In the past year, commercial real estate has seen a dramatic rise in interest rates and a tempered slowdown in transactional activity. 2023 will provide an opportunity for well-positioned organizations to take advantage of the right avenues. Real estate owners and investors must make wise decisions now to be ready for next year.
As we close the books on 2022, here are 10 important year-end resolutions:
1. Keep REIT distributions on target
Now is the time to review distributions from your real estate investment trust. Have you met the dispersal requirements for 2022?
2. Use it or lose it: 100% bonus depreciation
Assets placed in service before Dec. 31 remain eligible for 100% bonus depreciation from the Tax Cuts and Jobs Act of 2017. Starting in January, the allowance drops to 80%, so it pays to act quickly.
3. Watch out for disappearing interest deductions
Businesses that did not make the real property trade or business election have benefited from the interest limitation calculation adding back depreciation and amortization, allowing for more interest deduction. This will change in 2023, as the deduction for depreciation and amortization will no longer be added back; this means businesses may find their interest deduction to be smaller starting next year.
4. Don’t pass up tax-saving opportunities
Be prudent in reviewing your pass-through entity tax options and elections. Many states have opened up the opportunity for businesses to pay state taxes rather than having to withhold them on behalf of their partners. These payments have the benefit of being deductible by the business rather than capped at the individual level. Some states require an election to opt in before the end of the year.
5. Leverage technology to maximize your tax function
Leveraging technology is key to maximizing your tax data and attributes; more structured data will allow for better decision-making and turn your tax function into a value-creation center. For example, in the current inflationary environment, tax attributes (like depreciation or net operating losses) lose value as the nominal value of a dollar decreases.
6. Harvest your losses
While the stock market has had a rough year, losses are only recognized for tax purposes after you sell your investment. Locking in these losses will reduce your tax liability for the year; however, be aware of the wash-sale rules if you want to repurchase the stock.
7. Be wary of debt modifications
Note that rising interest rates may push borrowers to look for ways to alter the terms of their debt. While the economic or cash flow benefit may be vital, borrowers must also consider the tax ramifications of cancellation of debt income.
8. Know the risks of investing abroad
A strong U.S. dollar means greater buying power internationally; however, the decision to invest globally should not be taken lightly. Involve your tax advisor early and often to structure your investments appropriately and minimize tax leakage.
9. Time to dust the cobwebs off your valuation policy
With interest rates up and transaction activity down, valuing your properties may not be as straightforward as in past years. Before you mark up or down your assets for year-end, stress test your valuation methodology to be sure that it still makes sense in the current market.
10. Reduce your carbon footprint and your tax liability
The Inflation Reduction Act extended energy-related tax breaks and indexed for inflation the 179D deduction for energy-efficient commercial buildings. These new rules go into effect on Jan. 1, 2023.
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This article was written by Scott Helberg and originally appeared on 2022-11-17.
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