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Формуляр 1120-REIT Инструкции

Инструкция за формуляр 1120-REIT, данъчна декларация на САЩ за възстановяване на недвижимо имущество

Ревизия 2023

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  • Формуляр 1120-REIT - Американска данъчна декларация за инвестиции в недвижими имоти
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Department of the Treasury  
Internal Revenue Service  
2023  
Instructions for Form  
1120-REIT  
U.S. Income Tax Return for Real Estate Investment Trusts  
Section references are to the Internal Revenue Code unless  
otherwise noted.  
Contents  
Page  
Schedule A—Deduction for Dividends Paid . . . . . . . 16  
Schedule J—Tax Computation . . . . . . . . . . . . . . . . . 16  
Schedule K—Other Information . . . . . . . . . . . . . . . . 19  
Schedule L—Balance Sheets per Books . . . . . . . . . 20  
Schedule M-1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20  
Contents  
Page  
Photographs of Missing Children . . . . . . . . . . . . . . . . 1  
The Taxpayer Advocate Service . . . . . . . . . . . . . . . . . 1  
How To Get Forms and Publications . . . . . . . . . . . . . . 2  
General Instructions . . . . . . . . . . . . . . . . . . . . . . . . . 2  
Purpose of Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2  
Who Must File . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2  
General Requirements To Qualify as a REIT . . . . . . . . 2  
Other Requirements . . . . . . . . . . . . . . . . . . . . . . . . . 2  
Termination of Election . . . . . . . . . . . . . . . . . . . . . . . 2  
Taxable REIT Subsidiaries (TRS) . . . . . . . . . . . . . . . . 2  
Where To File . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3  
When To File . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3  
Who Must Sign . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4  
Paid Preparer Authorization . . . . . . . . . . . . . . . . . . . . 4  
Assembling the Return . . . . . . . . . . . . . . . . . . . . . . . 4  
Tax Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4  
Estimated Tax Payments . . . . . . . . . . . . . . . . . . . . . . 5  
Interest and Penalties . . . . . . . . . . . . . . . . . . . . . . . . 5  
Accounting Methods . . . . . . . . . . . . . . . . . . . . . . . . . 5  
Accounting Period . . . . . . . . . . . . . . . . . . . . . . . . . . 6  
Rounding Off to Whole Dollars . . . . . . . . . . . . . . . . . . 6  
Recordkeeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6  
Other Forms That May Be Required . . . . . . . . . . . . . . 6  
Statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7  
Specific Instructions . . . . . . . . . . . . . . . . . . . . . . . . . 8  
Period Covered . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8  
Name and Address . . . . . . . . . . . . . . . . . . . . . . . . . . 8  
Future Developments  
For the latest information about developments related to Form  
1120-REIT and its instructions, such as legislation enacted after  
they were published, go to IRS.gov/Form1120REIT.  
What’s New  
Increase in penalty for failure to file. For tax returns required  
to be filed in 2024, the minimum penalty for failure to file a return  
that is over 60 days late has increased to the smaller of the tax  
due or $485. See Late filing of return, later.  
Deduction for certain energy efficient commercial building  
property. For tax years beginning in 2023, REITs claiming the  
deduction for energy efficient commercial buildings should report  
the deduction on line 18 of Form 1120-REIT. See the instructions  
for line 18, later.  
Expiration of 100% business meal expense deduction. The  
temporary 100% business meal expense deduction for food and  
beverages provided by a restaurant does not apply to amounts  
paid or incurred after 2022.  
Elective payment election. Applicable entities and electing  
taxpayers can elect to treat certain credits as elective payments.  
Any resulting overpayment may result in refunds. See the  
instructions for line 25h, later. Also, see the Instructions for Form  
3800.  
Photographs of Missing Children  
The Internal Revenue Service is a proud partner with the  
Photographs of missing children selected by the Center may  
appear in instructions on pages that would otherwise be blank.  
You can help bring these children home by looking at the  
photographs and calling 1-800-THE-LOST (1-800-843-5678) if  
you recognize a child.  
Item B. 100%-Owned Subsidiaries and Personal  
Holding Companies . . . . . . . . . . . . . . . . . . . . . . 8  
Item C. Employer Identification Number (EIN) . . . . . . . 8  
Item D. Date REIT Established . . . . . . . . . . . . . . . . . . 8  
Item E. Total Assets . . . . . . . . . . . . . . . . . . . . . . . . . 8  
Item F. Final Return, Name Change, Address  
The Taxpayer Advocate Service  
Change, or Amended Return . . . . . . . . . . . . . . . . 8  
The Taxpayer Advocate Service (TAS) is an independent  
organization within the IRS that helps taxpayers and protects  
taxpayer rights. TAS's job is to ensure that every taxpayer is  
treated fairly and knows and understands their rights under the  
Item G. Type of REIT . . . . . . . . . . . . . . . . . . . . . . . . . 9  
Item H. PBA Code (Equity REITs Only) . . . . . . . . . . . . 9  
Part I—Real Estate Investment Trust Taxable  
Income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9  
As a taxpayer, the REIT has rights that the IRS must abide by  
in its dealings with the REIT. TAS can help the REIT if:  
Part II—Tax on Net Income From Foreclosure  
Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15  
A problem is causing financial difficulty for the business;  
The business is facing an immediate threat of adverse action;  
Part III—Tax for Failure To Meet Certain  
Source-of-Income Requirements . . . . . . . . . . . . 15  
or  
Part IV—Tax on Net Income From Prohibited  
Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . 15  
Jan 25, 2024  
Cat. No. 64243J  
   
The REIT has tried repeatedly to contact the IRS but no one  
If a REIT meets the requirement for ascertaining actual  
ownership (see Regulations section 1.857-8 for details), and did  
not know (after exercising reasonable diligence), or have reason  
to know, that it was closely held, it will be treated as meeting the  
requirement that it is not closely held.  
has responded, or the IRS hasn't responded by the date  
promised.  
TAS has offices in every state, the District of Columbia, and  
Puerto Rico. Local advocates' numbers are in their local  
directories and at TaxpayerAdvocate.IRS.gov. The REIT can  
also call TAS at 877-777-4778.  
TAS also works to resolve large-scale or systemic problems  
that affect many taxpayers. If the REIT knows of one of these  
broad issues, please report it to TAS through the Systemic  
Advocacy Management System at IRS.gov/SAMS.  
Other Requirements  
The gross income and diversification of investment requirements  
of section 856(c) must be met and the organization must:  
Have been treated as a REIT for all tax years beginning after  
February 28, 1986, or  
Had, at the end of the tax year, no accumulated earnings and  
profits from any tax year that it was not a REIT.  
For more information, go to IRS.gov/Advocate.  
For this purpose, distributions are treated as made from the  
earliest earnings and profits accumulated in any non-REIT tax  
year. See section 857(d)(3).  
How To Get Forms and Publications  
Internet. You can access the IRS website 24 hours a day, 7  
days a week, at IRS.gov to:  
The organization must adopt a calendar tax year unless it first  
qualified for REIT status before October 5, 1976.  
Download forms, instructions, and publications;  
Order IRS products online;  
The deduction for dividends paid (excluding net capital gain  
dividends, if any) must equal or exceed:  
Research your tax questions online;  
Search publications online by topic or keyword;  
View Internal Revenue Bulletins (IRBs) published in recent  
1. 90% of the REIT's taxable income (excluding the  
deduction for dividends paid and any net capital gain), plus  
years; and  
2. 90% of the excess of the REIT's net income from  
foreclosure property over the tax imposed on that income by  
section 857(b)(4)(A); less  
Sign up to receive local and national tax news by email.  
Tax forms and publications. The REIT can view, download, or  
print all of the forms and publications it may need at IRS.gov/  
3. Any excess noncash income, as determined under  
section 857(e).  
Otherwise, the REIT can go to IRS.gov/OrderForms to place  
See sections 856 and 857, and the related regulations for  
details and exceptions.  
an order and have forms mailed to it.  
Termination of Election  
General Instructions  
The election to be treated as a REIT remains in effect until  
terminated, revoked, or the REIT has failed to meet the  
requirements of the statutory relief provisions. It terminates  
automatically for any tax year in which the corporation, trust, or  
association is not a qualified REIT.  
Purpose of Form  
Use Form 1120-REIT, U.S. Income Tax Return for Real Estate  
Investment Trusts, to report the income, gains, losses,  
deductions, credits, certain penalties; and to figure the income  
tax liability of a REIT.  
The organization may revoke the election for any tax year  
after the first tax year the election is effective by filing a  
statement with the service center where it files its income tax  
return. The statement must be filed on or before the 90th day  
after the first day of the tax year for which the revocation is to be  
effective. The statement must include the following.  
Who Must File  
A corporation, trust, or association that meets certain conditions  
(discussed below) must file Form 1120-REIT if it elects to be  
treated as a REIT for the tax year (or has made that election for a  
prior tax year and the election has not been terminated or  
revoked). The election is made by figuring taxable income as a  
REIT on Form 1120-REIT.  
The name, address, and employer identification number (EIN)  
of the organization;  
The tax year for which the election was made;  
A statement that the organization (according to section 856(g)  
Qualified opportunity funds. To certify as a qualified  
opportunity fund (QOF), the corporation must file Form  
1120-REIT and attach Form 8996, even if the corporation had no  
income or expenses to report. See Schedule K, Question 12,  
later. Also, see the Instructions for Form 8996.  
(2)) revokes its election under section 856(c)(1) to be a REIT;  
and  
The signature of an official authorized to sign the income tax  
return of the organization.  
The organization may not make a new election to be taxed as  
a REIT during the 4 years following the first year for which the  
termination or revocation is effective. See section 856(g)(4) for  
exceptions.  
General Requirements To Qualify as a  
REIT  
To qualify as a REIT, an organization:  
Taxable REIT Subsidiaries (TRS)  
Must be a corporation, trust, or association.  
Must be managed by one or more trustees or directors.  
Must have beneficial ownership (a) evidenced by transferable  
A REIT may own up to 100% of the stock in one or more taxable  
REIT subsidiaries (TRS). A TRS must be a corporation (other  
than a REIT or a qualified REIT subsidiary) and may provide  
services to the REIT's tenants without disqualifying the rent  
received by the REIT. See section 856(l) for details, including  
certain restrictions on the type of business activities a TRS may  
perform. Also, not more than 20% of the fair market value (FMV)  
of a REIT's total assets (25% for tax years beginning after July  
30, 2008, and no later than December 31, 2017) may be  
securities of one or more TRSs (see section 856(c)(4) for  
details).  
shares, or by transferable certificates of beneficial interest; and  
(b) held by 100 or more persons. (The REIT does not have to  
meet this requirement until its 2nd tax year.)  
Would otherwise be taxed as a domestic corporation.  
Must be neither a financial institution (referred to in section  
582(c)(2)), nor a subchapter L insurance company.  
Cannot be closely held, as defined in section 856(h). (The  
REIT does not have to meet this requirement until its second tax  
year.)  
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Transactions between a TRS and its associated REIT must  
be at arm's length. A REIT may be subject to a 100% tax to the  
extent it improperly allocates income and deductions between  
the REIT and the TRS (see section 857(b)(7) for details).  
Additional limitations on transactions between a TRS and its  
associated REIT include:  
section 355 applied, the corporation will not be eligible to make a  
REIT election for any tax year beginning before the end of the  
10-year period beginning on the date of such distribution.  
See sections 355(h) and 856(c)(8) for more details.  
When To File  
Limitations on income from a TRS that may be treated as  
Generally, a REIT must file its income tax return by the 15th day  
of the 4th month after the end of its tax year. A new REIT filing a  
short-period return must generally file by the 15th day of the 4th  
month after the short period ends. A REIT that has dissolved  
must generally file by the 15th day of the 4th month after the date  
it dissolved.  
rents from real property by the REIT (see section 856(d)(8)), and  
Limitations on a TRS's deduction for interest paid to its  
associated REIT (see section 163(j)).  
To elect to have an eligible corporation treated as a TRS, the  
corporation and the REIT must jointly file Form 8875, Taxable  
REIT Subsidiary Election.  
However, a REIT with a fiscal tax year ending June 30 must  
file by the 15th day of the 3rd month after the end of its tax year.  
A REIT with a short tax year ending anytime in June will be  
treated as if the short year ended on June 30, and must file by  
the 15th day of the 3rd month after the end of its tax year.  
Restrictions on tax-free spinoffs from REITs. For  
distributions after December 6, 2015, a REIT is generally  
ineligible to participate in a tax-free spinoff as either a  
distributing or controlled corporation under section 355. This  
general rule does not apply if both the distributing corporation  
and the controlled corporation are REITs immediately after the  
distribution. Also, a REIT may spin off a TRS if the following  
apply.  
If the due date falls on a Saturday, Sunday, or legal holiday,  
the REIT can file on the next business day.  
Private Delivery Services  
The REIT can use certain private delivery services (PDS)  
designated by the IRS to meet the “timely mailing as timely filing”  
rule for tax returns. Go to IRS.gov/PDS for the current list of  
designated services.  
The distributing corporation has been a REIT at all times  
during the 3-year period ending on the date of distribution;  
The controlled corporation has been a TRS of the REIT at all  
times during such period; and  
The REIT has had control (as defined in section 368(c)  
The PDS can tell you how to get written proof of the mailing  
applied by taking into account stock owned, directly and  
indirectly, including through partnerships, by the REIT) of the  
TRS at all times during such period.  
date.  
For the IRS mailing address to use if you're using a PDS, go  
A controlled corporation is treated as meeting the control  
requirements if the stock of the corporation was distributed by a  
TRS in a transaction to which section 355 applies and the assets  
of the corporation consist solely of the stock or assets held by  
one or more TRSs of the distributing corporation meeting the  
control requirements described above.  
Private delivery services can't deliver items to P.O.  
boxes. You must use the U.S. Postal Service to mail any  
!
CAUTION  
item to an IRS P.O. box address.  
Extension of Time To File  
If a corporation that is not a REIT was a distributing or  
File Form 7004, Application for Automatic Extension of Time To  
File Certain Business Income Tax, Information, and Other  
controlled corporation with respect to any distribution to which  
Where To File  
File the REIT's return at the applicable IRS address listed below.  
If the REIT's principal business, office, or And the total assets at the end of the Use the following address:  
agency is located in:  
tax year are:  
Connecticut, Delaware, District of Columbia,  
Georgia, Illinois, Indiana, Kentucky, Maine,  
Maryland, Massachusetts, Michigan, New  
Hampshire, New Jersey, New York, North  
Carolina, Ohio, Pennsylvania, Rhode Island,  
South Carolina, Tennessee, Vermont,  
Virginia, West Virginia, Wisconsin  
Department of the Treasury  
Internal Revenue Service  
Kansas City, MO 64999-0012  
Less than $10 million and Schedule M-3  
is not filed  
Department of the Treasury  
Internal Revenue Service  
Ogden, UT 84201-0012  
$10 million or more, or less than $10  
million and Schedule M-3 is filed  
Alabama, Alaska, Arizona, Arkansas,  
California, Colorado, Florida, Hawaii, Idaho,  
Iowa, Kansas, Louisiana, Minnesota,  
Mississippi, Missouri, Montana, Nebraska,  
Nevada, New Mexico, North Dakota,  
Oklahoma, Oregon, South Dakota, Texas,  
Utah, Washington, Wyoming  
Department of the Treasury  
Internal Revenue Service  
Ogden, UT 84201-0012  
Any Amount  
Any Amount  
Internal Revenue Service  
P.O. Box 409101  
Ogden, UT 84409  
A foreign country or U.S. territory  
A group of corporations with members located in more than one service center area will often keep all the books and records at the  
principal office of the managing corporation. In this case, the tax returns of the corporations may be filed with the service center for the  
area in which the principal office of the managing corporation is located.  
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Returns, to request an extension of time to file. Generally, file  
Form 7004 by the regular due date of the REIT's income tax  
return. See the Instructions for Form 7004 for more information.  
4. Form 8996.  
5. Form 4136.  
6. Form 8978.  
Who Must Sign  
7. Form 965-B.  
8. Form 8941.  
9. Form 3800.  
10. Form 8997  
11. Additional schedules in alphabetical order.  
12. Additional forms in numerical order.  
13. Supporting statements and attachments.  
The return must be signed and dated by:  
The president, vice president, treasurer, assistant treasurer,  
chief accounting officer; or  
Any other corporate officer (such as a tax officer) authorized  
to sign.  
If a return is filed on behalf of a REIT by a receiver, trustee, or  
assignee, the fiduciary must sign the return, instead of the  
corporate officer. Returns and forms signed by a receiver or  
trustee in bankruptcy on behalf of a REIT must be accompanied  
by a copy of the order or instructions of the court authorizing  
signing of the return or form.  
Complete every applicable entry space on Form 1120-REIT.  
Do not enter “See attached” instead of completing the entry  
spaces. If more space is needed on the forms or schedules,  
attach separate sheets using the same size and format as the  
printed forms.  
Paid Preparer Use Only section. If an employee of the REIT  
completes Form 1120-REIT, the paid preparer's section should  
remain blank. Anyone who prepares Form 1120-REIT but does  
not charge the REIT should not complete that section. Generally,  
anyone who is paid to prepare the return must sign it and  
complete the section.  
If there are supporting statements and attachments, arrange  
them in the same order as the schedules or forms they support  
and attach them last. Show the totals on the printed forms. Enter  
the REIT's name and EIN on each supporting statement or  
attachment.  
The paid preparer must complete the required preparer  
information and:  
Tax Payments  
Sign the return in the space provided for the preparer's  
Generally, the REIT must pay the tax due in full no later than the  
due date for filing its tax return (not including extensions). See  
the instructions for line 27, later. If the due date falls on a  
Saturday, Sunday, or legal holiday, the payment is due on the  
next day that isn't a Saturday, Sunday, or legal holiday.  
signature,  
Include their Preparer Tax Identification Number (PTIN), and  
Give a copy of the return to the REIT.  
A paid preparer may sign the original or amended  
returns by rubber stamp, mechanical device, or  
computer software program.  
TIP  
Electronic Deposit Requirement  
REITs must use electronic funds transfers to make all federal tax  
deposits (such as deposits of employment, excise, and  
corporate income tax). Generally, electronic funds transfers are  
made using the Electronic Federal Tax Payment System  
(EFTPS). However, if the REIT does not want to use EFTPS, it  
can arrange for its tax professional, financial institution, payroll  
service, or other trusted third party to make deposits on its  
behalf. Also, it may arrange for its financial institution to submit a  
same-day wire payment (discussed below) on its behalf. EFTPS  
is a free service provided by the Department of the Treasury.  
Services provided by a tax professional, financial institution,  
payroll service, or other third party may have a fee.  
Paid Preparer Authorization  
If the REIT wants to allow the IRS to discuss its 2023 tax return  
with the paid preparer who signed it, check the “Yes” box in the  
signature area of the return. This authorization applies only to the  
individual whose signature appears in the “Paid Preparer Use  
Only” section of the REIT's return. It does not apply to the firm, if  
any, shown in that section.  
If the “Yes” box is checked, the REIT is authorizing the IRS to  
call the paid preparer to answer any questions that may arise  
during the processing of its return. The REIT is also authorizing  
the paid preparer to:  
To get more information about EFTPS or to enroll in EFTPS,  
visit EFTPS.gov. To contact EFTPS using Telecommunications  
Relay Services (TRS) for people who are deaf, hard of hearing,  
or have a speech disability, dial 711 and provide the TRS  
assistant the 800-555-4477 number above or 800-733-4829.  
Additional information about EFTPS is also available in Pub. 966.  
Give the IRS any information that is missing from the return;  
Call the IRS for information about the processing of the return  
or the status of any related refund or payment(s); and  
Respond to certain IRS notices about math errors, offsets,  
and return preparation.  
Depositing on time. For any deposit made by EFTPS to be on  
time, the REIT must submit the deposit by 8 p.m. Eastern time  
the day before the date the deposit is due. If the REIT uses a  
third party to make deposits on its behalf, they may have different  
cutoff times.  
The REIT is not authorizing the paid preparer to receive any  
refund check, bind the REIT to anything (including any additional  
tax liability), or otherwise represent the REIT before the IRS.  
The authorization will automatically end no later than the due  
date (without regard to extensions) for filing the REIT's 2024 tax  
return. If the REIT wants to expand the paid preparer's  
authorization, see Pub. 947, Practice Before the IRS and Power  
of Attorney.  
Same-day wire payment option. If the REIT fails to submit a  
deposit transaction on EFTPS by 8 p.m. Eastern time on the day  
before the date a deposit is due, it can still make its deposit on  
time by using the Federal Tax Collection Service (FTCS). To use  
the same-day payment method, the REIT will need to make  
arrangements with its financial institution ahead of time  
regarding availability, deadlines, and costs. Financial institutions  
may charge a fee for payments made this way. To learn more  
about the information the REIT will need to provide its financial  
institution to make a same-day wire payment, visit the IRS  
website at IRS.gov/SameDayWire.  
Assembling the Return  
To ensure that the REIT's tax return is correctly processed,  
attach all schedules and other forms after page 5 of Form  
1120-REIT, in the following order.  
1. Schedule N (Form 1120).  
2. Schedule D (Form 1120).  
3. Form 8949.  
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collecting, accounting for, or paying over these taxes, and who  
acted willfully in not doing so. The penalty is equal to the full  
amount of the unpaid trust fund tax. See the Instructions for  
Form 720 or Pub. 15 (Circular E), Employer's Tax Guide, for  
details, including the definition of responsible persons.  
Estimated Tax Payments  
Generally, the following rules apply to the REIT's payments of  
estimated tax.  
The REIT must make installment payments of estimated tax if  
it expects its total tax for the year (less applicable credits) to be  
$500 or more.  
Note. The trust fund recovery penalty will not apply to any  
amount of trust fund taxes an employer holds back in anticipation  
of the credit for qualified sick and family leave wages or the  
employee retention credit that they are entitled to. See Pub. 15 or  
Pub. 51 for more information.  
The REIT must use electronic funds transfers to make  
installment payments of estimated tax.  
The installments are due by the 15th day of the 4th, 6th, 9th,  
and 12th months of the tax year. If any date falls on a Saturday,  
Sunday, or legal holiday, the installment is due on the next  
regular business day.  
Failure to ascertain ownership. If the REIT fails to comply  
with Regulations section 1.857-8 for ascertaining ownership and  
maintaining factual ownership records for a tax year, it must pay  
a $25,000 penalty ($50,000 for intentional disregard) upon  
notice and demand by the IRS. If the REIT can show that the  
failure was due to reasonable cause, the penalty may not be  
imposed. For more information, see section 857(f).  
If, after the REIT figures and deposits estimated tax, it finds  
that its tax liability for the year will be more or less than originally  
estimated, it may have to refigure its required installments. If  
earlier installments were underpaid, the REIT may owe a penalty.  
See the instructions for line 26, later.  
If the REIT overpaid its estimated tax, it may be able to get a  
quick refund by filing Form 4466, Corporation Application for  
Quick Refund of Overpayment of Estimated Tax. The  
overpayment must be at least 10% of the REIT's expected  
income tax liability and at least $500.  
Failure to satisfy certain REIT qualification provisions. If  
the REIT is required to pay the $50,000 penalty under section  
856(g)(5)(C) for each failure to satisfy a REIT qualification  
provision of sections 856–859 (other than section 856(c)(2),  
856(c)(3), or 856(c)(4)) due to reasonable cause and not willful  
neglect, see the instructions for Schedule J, line 2f, later.  
See section 6655 and Pub. 542, Corporations, for more  
information on how to figure estimated taxes.  
Other penalties. Other penalties can be imposed for  
negligence, substantial understatement of tax, reportable  
transaction understatements, and fraud. See sections 6662,  
6662A, and 6663.  
Interest and Penalties  
If the corporation receives a notice about penalties after  
it files its return, send the IRS an explanation and we will  
!
CAUTION  
determine if the corporation meets the reasonable-cause  
Accounting Methods  
criteria. Do not attach an explanation when the corporation’s  
Figure taxable income using the method of accounting regularly  
used in keeping the REIT's books and records. In all cases, the  
method used must clearly show taxable income.  
return is filed.  
Interest. Interest is charged on taxes paid late even if an  
extension of time to file is granted. Interest is also charged on  
penalties imposed for failure to file, negligence, fraud, substantial  
valuation misstatements, and substantial understatements of tax  
from the due date (including extensions) to the date of payment.  
The interest charge is figured at a rate determined under section  
6621.  
Generally, permissible methods include:  
Cash,  
Accrual, or  
Any other method authorized by the Internal Revenue Code.  
Accrual method. Generally, a REIT must use the accrual  
method of accounting if its average annual gross receipts for the  
3 prior tax years exceed $29 million. See section 448(c).  
Late filing of return. A REIT that does not file its tax return by  
the due date, including extensions, may be penalized 5% of the  
unpaid tax for each month or part of a month the return is late, up  
to a maximum of 25% of the unpaid tax. The minimum penalty  
for a tax return required to be filed in 2024 that is over 60 days  
late is the smaller of the tax due or $485. The penalty will not be  
imposed if the REIT can show that the failure to file on time was  
due to reasonable cause. See Caution above.  
For more information, see Pub. 538, Accounting Periods and  
Methods.  
Change in accounting method. Generally, the REIT must get  
IRS consent to change either an overall method of accounting or  
the accounting treatment of any material item for income tax  
purposes. To obtain consent, the REIT must generally file Form  
3115, Application for Change in Accounting Method. See the  
Instructions for Form 3115 and Pub. 538 for more information  
and exceptions. Also, see the Instructions for Form 3115 for  
procedures that may apply for obtaining automatic consent to  
change certain methods of accounting, non-automatic change  
procedures, and reduced Form 3115 filing requirements.  
Section 481(a) adjustment. If the REIT's taxable income for  
the current tax year is figured under a method of accounting  
different from the method used in the preceding tax year, the  
REIT may have to make an adjustment under section 481(a) to  
prevent amounts of income or expenses from being duplicated  
or omitted. This is referred to as a “section 481(a) adjustment.”  
The section 481(a) adjustment period is generally 1 year for a  
net negative adjustment and 4 years for a net positive  
Late payment of tax. A REIT that does not pay the tax when  
due may generally be charged a penalty for the failure to pay tax.  
The amount of the penalty is 1/2 of 1% of the unpaid tax for each  
month or part of a month the tax is not paid, up to a maximum of  
25% of the unpaid tax. The penalty will not be imposed if the  
REIT can show that the failure to pay on time was due to  
reasonable cause. See Caution above.  
Trust fund recovery penalty. This penalty may apply if certain  
excise, income, social security, and Medicare taxes that must be  
collected or withheld are not collected or withheld, or these taxes  
are not paid. These taxes are generally reported on:  
Form 720, Quarterly Federal Excise Tax Return;  
Form 941, Employer's QUARTERLY Federal Tax Return;  
Form 943, Employer Annual Federal Tax Return for  
adjustment. However, in some cases, a REIT can elect to modify  
the section 481(a) adjustment period. The REIT must complete  
the appropriate lines of Form 3115 to make the election. See the  
Instructions for Form 3115 for more information and exceptions.  
If the net section 481(a) adjustment is positive, report it on line 7  
Agricultural Employees;  
Form 944, Employer's ANNUAL Federal Tax Return; or  
Form 945, Annual Return of Withheld Federal Income Tax.  
The trust fund recovery penalty may be imposed on all  
persons who are determined by the IRS to be responsible for  
5
           
as other income. If the net section 481(a) adjustment is negative,  
report it on line 19 as a deduction.  
Source Income Subject to Withholding; and Form 1042-T,  
Annual Summary and Transmittal of Forms 1042-S. Use these  
forms to report and send withheld tax on payments or  
distributions made to nonresident alien individuals, foreign  
partnerships, or foreign corporations to the extent these  
payments constitute gross income from sources within the  
United States (see sections 861 through 865).  
Note. Include any net positive section 481(a) adjustment on  
Part I, line 7. Report any negative adjustment on Part I, line 19.  
Accounting Period  
A REIT must figure its taxable income on the basis of a tax year.  
A tax year is the annual accounting period a REIT uses to keep  
its records and report its income and expenses. A REIT adopts a  
tax year when it files its first income tax return. It must adopt a  
tax year by the due date (not including extensions) of its initial  
income tax return.  
Also, see sections 1441 and 1442, and Pub. 515, Withholding  
of Tax on Nonresident Aliens and Foreign Entities.  
Form 1099-DIV, Dividends and Distributions. Use this form to  
report certain dividends and distributions.  
Form 2438, Undistributed Capital Gains Tax Return, must be  
filed by the REIT if it designates undistributed net long-term  
capital gains under section 857(b)(3)(C).  
Note. A REIT must adopt a calendar year unless it first qualified  
Form 2439, Notice to Shareholder of Undistributed  
for REIT status before October 5, 1976.  
Long-Term Capital Gains, must be completed and a copy given  
to each shareholder for whom the REIT paid tax on undistributed  
net long-term capital gains under section 857(b)(3)(C).  
Change of tax year. A REIT may not change its tax year to any  
tax year other than the calendar year. Generally, a REIT must  
receive consent from the IRS before changing its tax year by  
filing Form 1128, Application To Adopt, Change, or Retain a Tax  
Year.  
However, upon electing to be taxed as a REIT, an entity that  
has not engaged in any active trade or business may change its  
tax year to a calendar year without obtaining the consent.  
Form 3520, Annual Return To Report Transactions With  
Foreign Trusts and Receipt of Certain Foreign Gifts, is required  
either if the REIT received a distribution from a foreign trust or if  
the REIT was a grantor of, transferor of, or transferor to a foreign  
trust that existed during the tax year. See Question 5 of  
Schedule N (Form 1120).  
Form 5471, Information Return of U.S. Persons With Respect  
See the Instructions for Form 1128 and Pub. 538 for more  
to Certain Foreign Corporations, is required if the REIT is a U.S.  
shareholder of a controlled foreign corporation, a specified  
foreign corporation, or otherwise subject to the reporting  
requirements of section 6038 or 6046, and the related  
regulations.  
information on accounting periods and tax years.  
Rounding Off to Whole Dollars  
The REIT may enter decimal points and cents when completing  
its return. However, the REIT should round off cents to whole  
dollars on its return, forms, and schedules to make completing  
its return easier. The REIT must either round off all amounts on  
its return to whole dollars, or use cents for all amounts. To round,  
drop amounts under 50 cents and increase amounts from 50 to  
99 cents to the next dollar. For example, $8.40 rounds to $8 and  
$8.50 rounds to $9.  
Form 5472, Information Return of a 25% Foreign-Owned U.S.  
Corporation or a Foreign Corporation Engaged in a U.S. Trade or  
Business. This form is filed if the REIT is 25% or more foreign  
owned. See the instructions for Schedule K, Question 5, later.  
Form 6198, At-Risk Limitations. Use this form if a REIT is  
closely held, as described in section 465(a)(1)(B), and (1)  
directly or indirectly has any amounts not at risk that are invested  
in an at-risk activity that incurred a loss; or (2) engages in certain  
activities and has borrowed amounts not at risk. See section 465  
and the Instructions for Form 6198.  
If two or more amounts must be added to figure the amount to  
enter on a line, include cents when adding the amounts and  
round off only the total.  
Form 7205, Energy Efficient Commercial Buildings  
Deduction. Use Form 7205 to calculate and claim the deduction  
under section 179D for qualifying energy efficient commercial  
buildings placed in service during the tax year.  
Recordkeeping  
Keep the REIT's records for as long as they may be needed for  
the administration of any provision of the Internal Revenue Code.  
Usually, records that support an item of income, deduction, or  
credit on the return must be kept for 3 years from the date the  
return is due or filed, whichever is later. Keep records that verify  
the REIT's basis in property for as long as they are needed to  
figure the basis of the original or replacement property.  
Form 8275, Disclosure Statement, and Form 8275-R,  
Regulation Disclosure Statement, are used to disclose items or  
positions taken on a tax return that are not otherwise adequately  
disclosed on a tax return or that are contrary to Treasury  
regulations (to avoid parts of the accuracy-related penalty or  
certain preparer penalties).  
The REIT should also keep copies of all filed returns. They  
help in preparing future and amended returns and in the  
calculation of earnings and profits.  
Form 8300, Report of Cash Payments Over $10,000  
Received in a Trade or Business. Use this form to report the  
receipt of more than $10,000 in cash or foreign currency in one  
transaction or a series of related transactions.  
Other Forms That May Be Required  
Form 8612, Return of Excise Tax on Undistributed Income of  
In addition to Form 1120-REIT, the REIT may have to file some of  
the following forms.  
Real Estate Investment Trusts, is filed if the REIT is liable for the  
4% excise tax on undistributed income imposed under section  
4981.  
Form 926, Return by a U.S. Transferor of Property to a  
Foreign Corporation, is filed to report certain transfers to foreign  
corporations under section 6038B.  
Form 8621, Information Return by a Shareholder of a Passive  
Foreign Investment Company or Qualified Electing Fund, is  
required if the REIT is a direct or indirect shareholder of a  
passive foreign investment company, as defined in section  
1297(a).  
Form 966, Corporate Dissolution or Liquidation, is used to  
report the adoption of a resolution or plan to dissolve the  
corporation or liquidate any of its stock.  
Form 976, Claim for Deficiency Dividends Deductions by a  
Form 8810, Corporate Passive Activity Loss and Credit  
Personal Holding Company, Regulated Investment Company, or  
a Real Estate Investment Trust, is used to claim a deduction for  
deficiency dividends. See section 860 and the related  
regulations.  
Limitations. Use this form if a REIT is closely held, as described  
in section 469(j)(1), and has losses or credits from passive  
activities. See section 469, the related regulations, and the  
Instructions for Form 8810.  
Form 1042, Annual Withholding Tax Return for U.S. Source  
Income of Foreign Persons; Form 1042-S, Foreign Person's U.S.  
6
       
Form 8865, Return of U.S. Persons With Respect To Certain  
corporation's GILTI under section 951A and attach it to Form  
1120-REIT.  
Foreign Partnerships. A REIT may have to file Form 8865 if it:  
Form 8996, Qualified Opportunity Fund. Use this form to  
1. Controlled a foreign partnership (that is, owned more than  
certify that the REIT organized as a qualified opportunity fund  
(QOF) to invest in qualified opportunity zone property. In  
addition, a QOF REIT files Form 8996 annually to report that it  
meets the 90% investment standard of section 1400Z-2 or to  
compute the penalty if it fails to meet the investment standard.  
a 50% direct or indirect interest in the partnership).  
2. Owned at least a 10% direct or indirect interest in a  
foreign partnership while U.S. persons controlled that  
partnership.  
3. Had an acquisition, disposition, or change in proportional  
Form 8997, Initial and Annual Statement of Qualified  
interest in a foreign partnership that:  
Opportunity Fund (QOF) Investments. Use this form to report  
investments in one or more QOFs. Report the amount of  
deferred gains invested in QOFs for the current tax year, which  
include capital gains deferred and invested in QOFs and  
disposal investments in QOFs, and the amount of deferred gains  
invested in QOFs at the end of the current tax year.  
Increased its direct interest to at least 10% or reduced its  
direct interest of at least 10% to less than 10%.  
Changed its direct interest by at least a 10% interest.  
4. Contributed property to a foreign partnership in exchange  
for a partnership interest if:  
Immediately after the contribution, the REIT owned, directly or  
Statements  
indirectly, at least a 10% interest in the foreign partnership; or  
The FMV of the property the REIT contributed to the foreign  
Reportable transaction disclosure statement. Disclose  
information for each reportable transaction in which the REIT  
participated. Form 8886, Reportable Transaction Disclosure  
Statement, must be filed for each tax year that the federal  
income tax liability of the REIT is affected by its participation in  
the transaction. The following are reportable transactions.  
partnership in exchange for a partnership interest, when added  
to other contributions of property made to the foreign partnership  
during the preceding 12-month period, exceeds $100,000.  
Also, the REIT may have to file Form 8865 to report certain  
dispositions by a foreign partnership of property it previously  
contributed to that foreign partnership if it was a partner at the  
time of the disposition. For more details, including penalties for  
failing to file Form 8865, see Form 8865 and its separate  
instructions.  
1. Any listed transaction, which is a transaction that is the  
same as or substantially similar to one of the types of  
transactions that the IRS has determined to be a tax avoidance  
transaction and identified by notice, regulation, or other  
published guidance as a listed transaction.  
2. Any transaction offered under conditions of confidentiality  
for which the REIT (or a related party) paid an advisor a fee of at  
least $250,000.  
3. Certain transactions for which the REIT (or a related  
party) has contractual protection against disallowance of the tax  
benefits.  
4. Certain transactions resulting in a loss of at least $10  
million in any single year or $20 million in any combination of  
years.  
Form 8875, Taxable REIT Subsidiary Election, is filed jointly  
by a corporation and a REIT to have the corporation treated as a  
taxable REIT subsidiary.  
Form 8927, Determination Under Section 860(e)(4) by a  
Qualified Investment Entity. Use Form 8927 to make a  
determination under section 860(e)(4) and to establish the date  
of determination for purposes of making a deficiency dividend  
distribution.  
Form 8937, Report of Organizational Actions Affecting Basis  
of Securities. Use this form when any organizational action  
affects the basis of holders of either a security or a class of the  
security. For example, a REIT may use this form in connection  
with transactions such as a nontaxable cash or stock distribution  
to shareholders, or a conversion rate adjustment on a convertible  
debt instrument that results in a distribution under section  
305(c). However, a REIT that reports undistributed capital gains  
to shareholders on Form 2439 can satisfy the organizational  
action reporting requirements for those undistributed gains if the  
REIT timely files and gives Form 2439 to all proper parties for the  
organizational action. For more information, see the Instructions  
for Form 8937.  
5. Any transaction identified by the IRS by notice, regulation,  
or other published guidance as a “transaction of interest.See  
Notice 2009-55, 2009-31 I.R.B. 170.  
For more information, see Regulations section 1.6011-4.  
Also, see the Instructions for Form 8886.  
Penalties. The REIT may have to pay a penalty if it is required  
to disclose a reportable transaction under section 6011 and fails  
to properly complete and file Form 8886. Penalties may also  
apply under section 6707A if the REIT fails to file Form 8886 with  
its Form 1120-REIT, fails to provide a copy of Form 8886 to the  
Office of Tax Shelter Analysis (OTSA), or files a form that fails to  
include all the information required (or includes incorrect  
information). Other penalties, such as an accuracy-related  
penalty under section 6662A, may also apply. See the  
Instructions for Form 8886 for details on these and other  
penalties.  
Form 8975, Country-by-Country Report. Certain U.S.  
persons that are the ultimate parent entity of a U.S. multinational  
enterprise group with annual revenue for the preceding reporting  
period of $850 million or more are required to file Form 8975.  
Form 8975 and its Schedules A (Form 8975) must be filed with  
the income tax return of the ultimate parent entity of a U.S.  
multinational enterprise group for the tax year in or within which  
the reporting period covered by Form 8975 ends. The first  
required reporting period for an ultimate parent entity is the  
12-month reporting period that begins on or after the first day of  
a tax year of the ultimate parent entity that begins on or after  
June 30, 2016. For more information, see Form 8975,  
Schedule A (Form 8975) and the Instructions for Form 8975 and  
Schedule A (Form 8975).  
Reportable transactions by material advisors. Material  
advisors to any reportable transaction must disclose certain  
information about the reportable transaction by filing Form 8918,  
Material Advisor Disclosure Statement, with the IRS. For details,  
see the Instructions for Form 8918.  
Transfers to a corporation controlled by the transferor.  
Every significant transferor (as defined in Regulations section  
1.351-3(d)(1)) that receives stock of a corporation in exchange  
for property in a nonrecognition event must include the  
Form 8990, Limitation on Business Interest Expense Under  
Section 163(j). Use this form to calculate the amount of business  
interest expense you can deduct and the amount to carry  
forward to the next year.  
statement required by Regulations section 1.351-3(a) on or with  
the transferor's tax to its return for the tax year of the exchange.  
The transferee corporation must include the statement required  
by Regulations section 1.351-3(b) on or with its return for the tax  
Form 8992, U.S. Shareholder Calculation of Global Intangible  
Low-Taxed Income (GILTI). Use this form to figure the domestic  
7
 
year of the exchange, unless all the required information is  
included in any statement(s) provided by a significant transferor  
that is attached to the same return for the same section 351  
exchange. If the transferor or transferee corporation is a  
controlled foreign corporation (CFC), each U.S. shareholder  
(within the meaning of section 951(b)) must include the required  
statement on or with its return.  
corporation's principal office is located in Little Rock, Arkansas,  
the corporation should enter the Little Rock address.  
If the REIT receives its mail in care of a third party (such as an  
accountant or an attorney), enter on the street address line “C/O”  
followed by the third party's name and street address or P.O. box.  
Item B. 100%-Owned Subsidiaries  
and Personal Holding Companies  
Distributions under section 355. Every REIT that makes a  
distribution of stock or securities of a controlled corporation, as  
described in section 355 (or so much of section 356 as it relates  
to section 355), must include the statement required by  
Regulations section 1.355-5(a) on or with its return for the year of  
the distribution. A significant distributee (as defined in  
REITs With 100%-Owned Subsidiaries  
Check this box if this return is filed for a REIT with 100%-owned  
REIT subsidiaries under section 856(i). These subsidiaries are  
not treated as separate corporations.  
Regulations section 1.355-5(c)) that receives stock or securities  
of a controlled corporation must include the statement required  
by Regulations section 1.355-5(b) on or with its return for the  
year of receipt. If the distributing or distributee corporation is a  
CFC, each U.S. shareholder (within the meaning of section  
951(b)) must include the statement on or with its return.  
Do not check this box for a taxable REIT subsidiary. See the  
instructions for Taxable REIT Subsidiaries, earlier.  
Personal Holding Companies  
Personal holding companies must attach to Form 1120-REIT a  
Schedule PH (Form 1120), U.S. Personal Holding Company  
(PHC) Tax. See the Instructions for Schedule PH (Form 1120) for  
details.  
Dual consolidated losses. If a domestic corporation incurs a  
dual consolidated loss (as defined in Regulations section  
1.1503-2(c)(5)), the corporation (or consolidated group) may  
need to attach an elective relief agreement and/or an annual  
certification, as provided in Regulations section 1.1503-2(g)(2).  
Item C. Employer Identification  
Number (EIN)  
Election to reduce basis under section 362(e)(2)(C). If  
property is transferred to a corporation subject to section 362(e)  
(2), the transferor and the transferee corporation may elect under  
section 362(e)(2)(C) to reduce the transferor's basis in the stock  
received instead of reducing the transferee corporation's basis in  
the property transferred. Once made, the election is irrevocable.  
For more information, see section 362(e)(2) and Regulations  
section 1.362-4. If an election is made, a statement must be filed  
in accordance with Regulations section 1.362-4(d)(3).  
Enter the REIT's EIN. If the REIT does not have an EIN, it must  
apply for one. An EIN may be applied for:  
Online by visiting IRS.gov/EIN. The EIN is issued immediately  
once the application information is validated.  
By faxing or mailing Form SS-4, Application for Employer  
Identification Number.  
If the REIT has not received its EIN by the time the return is  
due, enter “Applied for” in the space for the EIN. For more  
details, see the Instructions for Form SS-4.  
Other forms and statements. See Pub. 542 for a list of other  
forms and statements a REIT may need to file in addition to the  
forms and statements discussed throughout these instructions.  
Note. REITs located in the United States or U.S. territories can  
use the online application process.  
Specific Instructions  
Item D. Date REIT Established  
If the REIT is a corporation under state or local law, enter the  
date incorporated. If it is a trust or association, enter the date  
organized.  
Period Covered  
File the 2023 return for calendar year 2023 and fiscal years that  
begin in 2023 and end in 2024. For a fiscal year return, fill in the  
tax year in the space at the top of the form.  
Item E. Total Assets  
Enter the REIT's total assets (as determined by the accounting  
method regularly used in keeping its books and records) at the  
end of the tax year. If there are no assets at the end of the tax  
year, enter -0-.  
Note. The 2023 Form 1120-REIT can also be used if:  
The REIT has a tax year of less than 12 months that begins  
and ends in 2024, and  
The 2024 Form 1120-REIT is not available at the time the  
Item F. Final Return, Name Change,  
Address Change, or Amended Return  
REIT is required to file its return.  
The REIT must show its 2024 tax year on the 2023 Form  
1120-REIT and take into account any tax law changes that are  
effective for tax years beginning after December 31, 2023.  
If this is the REIT's final return, and it will no longer exist,  
check the “Final return” box. See the instructions for Termination  
of Election, earlier.  
If the REIT has changed its name since it last filed a return,  
Name and Address  
check the box for “Name change.Generally, a REIT must also  
have amended its articles of incorporation and filed the  
amendment with the state in which it was incorporated.  
Enter the REIT's true name (as set forth in the charter or other  
legal document creating it), address, and EIN on the appropriate  
lines. Include the suite, room, or other unit number after the  
street address. Enter the address of the REIT's principal office or  
place of business. If the post office does not deliver mail to the  
street address and the REIT has a P.O. box, show the box  
number instead.  
If the REIT has changed its address since it last filed a return  
(including a change to an “in care of” address), check the box for  
“Address change.”  
Note. If a change in address or responsible party occurs after  
the return is filed, use Form 8822-B, Change of Address or  
Responsible Party—Business, to notify the IRS of the new  
address. See the instructions for Form 8822-B for details.  
Note. Do not use the address of the registered agent for the  
state in which the corporation is incorporated. For example, if a  
business is incorporated in Delaware or Nevada and the  
If the REIT is amending its return, check the box for “Amended  
Return,complete the entire return, correct the appropriate lines  
8
               
with the new information, and refigure the REIT's tax liability.  
Attach a statement that explains the reasons for the  
amendments and identifies the lines being changed on the  
amended return.  
Rent from a taxable REIT subsidiary (TRS) either (a) if at least  
90% of the leased space of the property is leased to persons  
other than TRSs of the REIT and other than persons described  
in section 856(d)(2)(B) at rents comparable to the rent paid by  
the other tenants of the REIT for comparable space; or (b) for  
certain lodging facilities or health care property operated by an  
eligible independent contractor. For more information, including  
definitions and additional requirements, see sections 856(d)(8)  
and 856(d)(9). Also, see Rev. Proc. 2003-66, 2003-33 I.R.B. 364,  
for the special rules on rents paid to a REIT by certain joint  
ventures that include a TRS.  
Item G. Type of REIT  
Check the appropriate box to indicate whether you are filing a  
return for a “Mortgage REIT” or an “Equity REIT.” If the primary  
source of gross receipts is derived from mortgage interest and  
fees, check the “Mortgage” box. Otherwise, check the “Equity”  
box.  
See section 856(d)(2) for amounts excluded from “rents from  
Item H. PBA Code (Equity REITs Only)  
real property.”  
Enter only one code that best reflects the principal business  
activity of an equity REIT from the selection below.  
Line 4. Other gross rents. Enter the gross amount received for  
renting property not included on line 3.  
531110– Lessors of Residential Buildings & Dwellings.  
531120– Lessors of Nonresidential Buildings (except  
Line 5. Capital gain net income. Every sale or exchange of a  
capital asset must be reported on Schedule D (Form 1120),  
Capital Gains and Losses, even if there is no gain or loss.  
Miniwarehouses).  
531130– Lessors of Miniwarehouses & Self-Storage Units.  
531190– Lessors of Other Real Estate Property.  
Line 7. Other income. Enter any other taxable income not  
reported on lines 1 through 6, except amounts that must be  
reported in Part II or IV.  
Enter amounts included in income under the section 951A  
GILTI provisions. See Form 8992, Part II, line 5, and the  
Instructions for Form 8992. Also, consider the applicability of  
section 951A with respect to controlled foreign corporations  
owned by domestic partnerships in which the REIT has an  
interest. If the REIT also has a Form 5471 reporting requirement,  
attach the form.  
Part I—Real Estate Investment Trust  
Taxable Income  
Include in Part I the REIT's share of gross income from  
partnerships in which the REIT is a partner, and the deductions  
attributable to the gross income items. See Regulations section  
1.856-3(g).  
Real estate investment trust taxable income does not include  
the following.  
List the type and amount of income on an attached schedule.  
If the REIT has only one item of other income, describe it in  
parentheses on line 7. Examples of other income to report on  
line 7 include the following.  
Gross income, gains, losses, and deductions from foreclosure  
property (defined in section 856(e)). If the aggregate of such  
amounts results in net income, report these amounts in Part II.  
Amounts received or accrued as consideration for entering  
Income or deductions from any prohibited transaction (defined  
into agreements to make real property loans or to purchase or  
lease real property.  
in section 857(b)(6)) resulting in a gain. Report these amounts in  
Part IV.  
Recoveries of bad debts deducted in prior years under the  
specific charge-off method.  
Income  
Refunds of taxes deducted in prior years if they reduced  
Line 1. Dividends. Enter the total amount of dividends received  
income subject to tax in the year deducted (see section 111). Do  
not offset current year taxes against tax refunds.  
during the tax year.  
Any deduction previously taken under section 179A that is  
Line 2. Interest. Enter taxable interest on U.S. obligations and  
on loans, notes, mortgages, bonds, bank deposits, corporate  
bonds, tax refunds, etc. Do not offset interest expense against  
interest income. Special rules apply to interest income from  
certain below-market-rate loans. See section 7872 for details.  
subject to recapture. The REIT must recapture the benefit of any  
allowable deduction for clean-fuel vehicle property (or clean-fuel  
vehicle refueling property), if the property later ceases to qualify.  
See Regulations section 1.179A-1 for details.  
Ordinary income from trade or business activities of a  
Note. Report tax-exempt interest income on Form 1120-REIT,  
Schedule K, line 8. Do not include tax-exempt interest on line 2.  
Also, if required, include the same amount on Schedule M-1,  
line 7.  
partnership (from Schedule K-1 (Form 1065)). Do not offset  
ordinary losses against ordinary income. Instead, include the  
losses on line 19 of Form 1120-REIT. Show the partnership's  
name, address, and EIN on a separate statement attached to  
this return. If the amount entered is from more than one  
partnership, identify the amount from each partnership.  
Include interest income from tax credit bonds on line 2.  
Line 3. Gross rents. Include the following.  
Any net positive section 481(a) adjustment. See Section  
Charges for customary services that may qualify as rents from  
481(a) adjustment, earlier.  
Income from cancellation of debt (COD) from the repurchase  
real property are described in Regulations section 1.856-4(b)(1).  
Services customarily furnished to tenants of a REIT include  
parking facilities. See Rev. Rul. 2004-24, 2004-10 I.R.B. 550, for  
guidance to determine whether amounts received by a REIT that  
provides parking facilities at its rental real properties qualify as  
rents from real property.  
of a debt instrument for less than its adjusted issue price.  
If the REIT elected to take section 965(a) inclusions and  
corresponding section 965(c) deductions into account over 8  
years in accordance with section 965(m), include the  
current-year net section 965 inclusion (the section 965(a)  
inclusion less the corresponding section 965(c) deduction) on  
this line 7. You must also complete and attach Form 965-B,  
Corporate and Real Estate Investment Trust (REIT) Report of  
Net 965 Tax Liability and Electing REIT Report of 965 Amounts.  
Rent from personal property leased under or with a lease of  
real property (but only if the rent from the personal property does  
not exceed 15% of the total rent for the tax year charged for both  
the real and personal property under such lease). Figure the  
percentage of rents from personal property by comparing the  
FMV of the personal rental property to the FMV of the total rental  
property. See section 856(d)(1) for details.  
Form 965-B must be completed by an electing REIT for every  
tax year for which the REIT has any section 965 amounts taken  
into account in accordance with section 965(m) or not fully taken  
9
     
into account at any point during the tax year. For more  
information, see Form 965-B and the related instructions.  
For more details, see the Instructions for Form 4562,  
Depreciation and Amortization.  
Any payroll tax credit taken by an employer on its 2023  
If the REIT timely filed its return for the year without making an  
election, it can still make an election by filing an amended return  
within 6 months of the due date of the return (excluding  
extensions). Clearly indicate the election on the amended return  
and write “Filed pursuant to section 301.9100-2” at the top of the  
amended return. File the amended return at the same address  
the REIT filed its original return. The election applies when  
figuring taxable income for the current tax year and all  
subsequent years.  
employment tax returns (Forms 941, 943, and 944) for qualified  
paid sick and qualified paid family leave under the FFCRA and  
the ARP (both the nonrefundable and refundable portions). The  
REIT must include the full amount of the credit for qualified sick  
and family leave wages in gross income for the tax year that  
includes the last day of any calendar quarter in which the credit  
is allowed.  
Note. A credit is available only if the leave was taken after March  
31, 2020, and before October 1, 2021, and only after the  
qualified leave wages were paid, which might under certain  
circumstances not occur until a quarter after September 30,  
2021, including quarters in 2023.  
Note. The REIT can choose to forgo the elections above by  
clearly electing to capitalize its start-up or organizational costs  
on an income tax return filed by the due date (including  
extensions) for the tax year in which the active trade or business  
begins.  
Report the deductible amount of such costs and any  
amortization on line 19. For amortization that begins during the  
current tax year, complete and attach Form 4562.  
Deductions  
Limitations on Deductions  
Section 263A uniform capitalization rules. The uniform  
capitalization rules of section 263A generally require REITs to  
capitalize certain costs to inventory or other property.  
Passive activity and at-risk limitations. Loss and credit  
limitations under sections 465 and 469 apply to REITs that are  
closely held, as described in sections 465(a)(1)(B) and 469(j)(1).  
REITs subject to sections 465 and 469 must complete Forms  
6198 and 8810 to compute allowable losses or credits. Before  
completing Form 8810, see Temporary Regulations section  
1.163-8T for rules on allocating interest expense among  
activities.  
REITs subject to the section 263A uniform capitalization rules  
are required to capitalize:  
1. Direct costs of assets produced or acquired for resale,  
and  
2. Certain indirect costs (including taxes) that are properly  
allocable to property produced or property acquired for resale.  
Reducing certain expenses for which credits are allowable.  
For each credit listed below, the REIT must reduce the otherwise  
allowable deductions for expenses used to figure the credit by  
the amount of the current-year credit. Do not reduce the amount  
of the allowable deduction for any portion of the credit that was  
passed through to the REIT from a pass-through entity on  
Schedule K-1.  
A REIT cannot deduct the costs required to be capitalized  
under section 263A until it sells, uses, or otherwise disposes of  
the property (to which the costs relate). The REIT recovers these  
costs through depreciation, amortization, or costs of goods sold.  
For more details, including exemptions to the uniform  
capitalization rules, see Pub. 538. See section 263A(i) for  
exemption for certain small businesses. For non-small business  
taxpayers, see Regulations sections 1.263A-1 through 1.263A-3.  
See section 263A(d), Regulations section 1.263A-4, and Pub.  
225 for rules for property produced in a farming business.  
Employment credits. See the instructions for line 10, later.  
Disabled access credit (Form 8826).  
Credit for employer social security and Medicare taxes paid  
on certain employee tips (Form 8846).  
Credit for small employer pension plan start-up costs (Form  
Transactions between related taxpayers. Generally, an  
accrual basis taxpayer may only deduct business expenses and  
interest owed to a related party in the year the payment is  
included in the income of the related party. See sections 163(e)  
(3) and 267 for limitations on deductions for unpaid interest and  
expenses.  
8881).  
Credit for employer-provided childcare facilities and services  
(Form 8882).  
If the REIT is eligible to claim any of these credits, figure each  
current-year credit before figuring the deduction for expenses on  
which the credit is based. If the REIT capitalized any costs on  
which it figured the credit, reduce the amount capitalized by the  
credit attributable to these costs.  
Limitations on business interest expense. Business interest  
expense may be limited. See section 163(j) and Form 8990.  
Also, see Limitation on deduction in the instructions for line 15  
See the instructions for the form used to figure the applicable  
credit.  
Golden parachute payments. A portion of the payments made  
by a REIT to key personnel that exceeds their usual  
Line 9. Compensation of officers. Enter the deductible  
officers’ compensation on line 9. Do not include compensation  
deductible elsewhere on the return, such as elective  
contributions to a section 401(k) cash or deferred arrangement,  
or amounts contributed under a salary reduction SEP agreement  
or a SIMPLE IRA plan.  
compensation may not be deductible. This occurs when the  
REIT has an agreement (golden parachute) with these key  
employees to pay them these excessive amounts if control of the  
REIT changes. See section 280G and Regulations section  
1.280G-1. Also, see the instructions for line 9, later.  
If the REIT's total receipts are $500,000 or more, complete  
Business start-up and organizational costs. A REIT can  
elect to deduct a limited amount of start-up and organizational  
costs it paid or incurred. Any remaining costs must generally be  
amortized over a 180-month period. See sections 195 and 248  
and the related regulations.  
Time for making an election. The REIT generally elects to  
deduct start-up or organizational costs by claiming the deduction  
on its income tax return filed by the due date (including  
extensions) for the tax year in which the active trade or business  
begins.  
and attach Form 1125-E. Total receipts are figured by adding:  
Part I, line 8;  
Net capital gain from Part III, line 10; and  
Form 2438, line 9a.  
Enter on line 9 the amount from Form 1125-E, line 4.  
Line 10. Salaries and wages. Enter the total salaries and  
wages paid for the tax year, reduced by the amount claimed on:  
Form 5884, Work Opportunity Credit;  
Form 8844, Empowerment Zone Employment Credit;  
10  
   
Form 8932, Credit for Employer Differential Wage Payments;  
terms beginning in 2024 will be published in the Internal  
Revenue Bulletin in early 2024.  
and  
Form 8994, Employer Credit for Paid Family and Medical  
Line 14. Taxes and licenses. Enter taxes paid or incurred  
Leave.  
during the tax year, but do not include the following.  
See the instructions for these forms for more information.  
Federal income taxes (except for the tax imposed on net  
recognized built-in gain allocable to ordinary income).  
Do not include salaries and wages deductible elsewhere on  
the return, such as amounts included in officers compensation,  
elective contributions to a section 401(k) cash or deferred  
arrangement, or amounts contributed under a salary reduction  
SEP agreement or a SIMPLE IRA plan.  
Foreign or U.S. territory income taxes if a tax credit is claimed  
(however, see the Instructions for Form 5735 for special rules for  
territory income taxes).  
Taxes not imposed on the REIT.  
Taxes, including state or local sales taxes, that are paid or  
If the REIT provided taxable fringe benefits to its  
incurred in connection with an acquisition or disposition of  
property (these taxes must be treated as a part of the cost of the  
acquired property or, in the case of a disposition, as a reduction  
in the amount realized on the disposition).  
employees, such as personal use of a car, do not deduct  
!
CAUTION  
as wages the amounts allocated for depreciation and  
other expenses claimed on lines 16 and 19.  
Taxes assessed against local benefits that increase the value  
If the REIT claims a credit for any wages paid or  
of the property assessed (such as for paving, etc.).  
incurred, it may need to reduce any corresponding  
!
Taxes deducted elsewhere on the return.  
CAUTION  
deduction for officers’ compensation and salaries and  
Excise taxes imposed under section 4981 on undistributed  
wages. See the instructions for the form used to figure the  
applicable credit for more details.  
REIT income.  
See section 164(d) for information on apportionment of taxes  
on real property between the seller and the purchaser.  
Line 11. Repairs and maintenance. Enter the cost of repairs  
and maintenance not claimed elsewhere on the return, such as  
labor and supplies, that are not payments to produce or improve  
tangible or real property. See Regulations section 1.263(a)-1.  
For example, amounts are paid for improvements if they are for  
betterments to the property, restorations of the property (such as  
replacements of major components or substantial structural  
parts), or if they adapt the property to a new or different use.  
Amounts paid to produce or improve property must be  
capitalized. See Regulations sections 1.263(a)-2 and -3. The  
REIT can deduct repair and maintenance expenses only to the  
extent they relate to a trade or business activity. See Regulations  
section 1.162-4. The REIT may elect to capitalize certain repair  
and maintenance costs consistent with its books and records.  
See Regulations section 1.263(a)-3(n) for information on how to  
make the election.  
Do not reduce the REIT’s deduction for social security  
and Medicare taxes by the nonrefundable and  
!
CAUTION  
refundable portions of any FFCRA and ARP credits for  
qualified sick and family leave wages claimed on its employment  
tax returns. Instead, report this amount as income on line 7.  
Line 15. Interest. The deduction for interest is limited when the  
REIT is a policyholder or beneficiary with respect to a life  
insurance, endowment, or annuity contract issued after June 8,  
1997. For details, see section 264(f). Attach a statement  
showing the computation of the deduction.  
The REIT must make an interest allocation if the proceeds of  
a loan were used for more than one purpose. For example, the  
loan proceeds were used to purchase a financial investment and  
acquire an interest in a passive activity. See Temporary  
Line 12. Bad debts. Enter the total debts that became  
worthless in whole or in part during the tax year. A cash basis  
taxpayer may not claim a bad debt deduction unless the amount  
was previously included in income.  
Regulations section 1.163-8T for the interest allocation rules.  
The following interest is not deductible.  
Interest on indebtedness incurred or continued to purchase or  
carry obligations if the interest is wholly exempt from income tax.  
See section 265(b) for special rules and exceptions for financial  
institutions. Also, see section 265(b)(7) for a temporary de  
minimis safe-harbor exception for certain financial institutions for  
tax-exempt bonds issued in 2009 and 2010.  
Line 13. Rents. If the REIT rented or leased a vehicle, enter the  
total annual rent or lease expense paid or incurred during the  
year. Also, complete Part V of Form 4562. If the REIT leased a  
vehicle for a term of 30 days or more, the deduction for the  
vehicle lease expense may have to be reduced by an amount  
called the inclusion amount.  
For cash basis taxpayers, prepaid interest allocable to years  
following the current tax year (for example, a cash basis calendar  
year taxpayer who in 2023 prepaid interest allocable to any  
period after 2023 can deduct only the amount allocable to 2023).  
The REIT may have an inclusion amount if:  
And the vehicle's FMV on the first day of the  
Interest and carrying charges on straddles. Generally, these  
The lease term began:  
lease exceeded:  
amounts must be capitalized. See section 263(g).  
Cars (excluding trucks and vans):  
Interest paid or incurred on any portion of an underpayment of  
After 12/31/22 but before 1/1/24  
After 12/31/21 but before 1/1/23  
After 12/31/20 but before 1/1/22  
After 12/31/17 but before 1/1/21  
After 12/31/12 but before 1/1/18  
Trucks and vans:  
.
.
.
.
.
.
.
.
.
.
$60,000  
$56,000  
$51,000  
$50,000  
$19,000  
tax that is attributable to an understatement arising from an  
undisclosed listed transaction or an undisclosed reportable  
avoidance transaction (other than a listed transaction) entered  
into in tax years beginning after October 22, 2004.  
.
.
.
.
Limitation on deduction. Under section 163(j), business  
interest expense is generally limited to the sum of business  
interest income, 30% of the adjusted taxable income, and floor  
plan financing interest. Business interest expense includes any  
interest paid or accrued on indebtedness properly allocable to a  
trade or business.  
A taxpayer, other than a tax shelter, that meets the gross  
receipts test is not required to limit business interest expense  
under section 163(j). A taxpayer meets the gross receipts test if  
the taxpayer has average annual gross receipts of $29 million or  
less for the 3 prior tax years. Gross receipts generally include the  
After 12/31/22 but before 1/1/24  
After 12/31/21 but before 1/1/23  
After 12/31/20 but before 1/1/22  
After 12/31/17 but before 1/1/21  
After 12/31/13 but before 1/1/18  
After 12/31/09 but before 1/1/14  
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$60,000  
$56,000  
$51,000  
$50,000  
$19,500  
$19,000  
See Pub. 463, Travel, Gift, and Car Expenses, for instructions  
on figuring the inclusion amount. The inclusion amount for lease  
11  
 
aggregate gross receipts from all persons treated as a single  
employer such as a controlled group of corporations, commonly  
controlled partnerships or proprietorships, and affiliated service  
groups.  
If the corporation fails to meet the gross receipts test, Form  
8990 is generally required. An electing real property trade or  
business is excepted from the interest expense limitation of  
section 163(j). See section 163(j)(7), Form 8990, and the related  
instructions. Also, see the questions on Schedule K, line 10, for  
business interest expense elections, and on Schedule K, line 11,  
regarding conditions for filing Form 8990.  
after December 21, 2017. See section 162(f), as amended by  
P.L. 115-97, section 13306 (discussed later).  
Lobbying expenses. However, see exceptions (discussed  
later).  
Amounts paid or incurred after December 22, 2017, for any  
settlement, payout, or attorney fees related to sexual harassment  
or sexual abuse, if such payments are subject to a nondisclosure  
agreement. See new section 162(q).  
Charitable contributions. Enter contributions or gifts actually  
paid within the tax year to or for the use of charitable and  
governmental organizations described in section 170(c) and any  
unused contributions carried over from prior years.  
REITs reporting taxable income on the accrual method may  
elect to treat as paid during the tax year any deductible  
contributions paid by the due date of the REIT’s tax return (not  
including extensions) if the contributions were authorized by the  
board of directors during the tax year. Attach a declaration to the  
return stating that the resolution authorizing the contributions  
was adopted by the board of directors during the tax year. The  
declaration must include the date the resolution was adopted.  
See Regulations section 1.170(a)(2)(B).  
Special rules apply to:  
Foregone interest on certain below-market-rate loans (see  
section 7872).  
Original issue discount (OID) on certain high-yield discount  
obligations. See section 163(e)(5) to determine the amount of  
the deduction for OID that is deferred and the amount that is  
disallowed on a high-yield discount obligation. The rules under  
section 163(e)(5) do not apply to certain high-yield discount  
obligations issued after August 31, 2008, and before January 1,  
2011. See section 163(e)(5)(F). Also, see Notice 2010-11,  
2010-4 I.R.B. 326.  
Limitation on deduction. Generally, the total amount  
claimed may not be more than 10% of taxable income (the sum  
of Part I, line 23; Part II, line 5; Part IV, line 3; and Form 2438,  
line 11) computed without regard to the following.  
Interest expense cannot be used to offset interest  
income.  
!
CAUTION  
Any deduction for contributions.  
Line 16. Depreciation. Include on line 16 depreciation and the  
cost of certain property that the REIT elected to expense under  
section 179. See Form 4562 and the related instructions to figure  
the amount to enter on this line.  
The limitation under section 249 on the deduction for bond  
premium.  
Any net operating loss (NOL) carryback to the tax year under  
section 172.  
Any capital loss carryback to the tax year under section  
Line 18. Energy efficient commercial buildings deduction.  
Complete and attach Form 7205 if claiming the energy efficient  
building deduction. See the Instructions for Form 7205 for more  
information. Also, see section 179D.  
1212(a)(1).  
Carryover. Charitable contributions that exceed the 10%  
limitation cannot be deducted for the tax year but may be carried  
over to the next 5 tax years.  
Special rules apply if the REIT has an NOL carryover to the  
tax year. In figuring the charitable contributions deduction for the  
tax year, the 10% limit is applied using the taxable income after  
taking into account any deduction for the NOL.  
To figure the amount of any remaining NOL carryover to later  
years, taxable income must be modified (see section 172(b)). To  
the extent that contributions are used to reduce taxable income  
for this purpose and increase an NOL carryover, a contributions  
carryover is not allowed. See section 170(d)(2)(B).  
Cash contributions. For contributions of cash, check, or  
other monetary gifts (regardless of the amount), the REIT must  
maintain a bank record, or a receipt, letter, or other written  
communication from the donee organization indicating the name  
of the organization, the date of the contribution, and the amount  
of the contribution.  
Contributions of $250 or more. A REIT can deduct a  
contribution of $250 or more only if the REIT receives a written  
acknowledgment from the donee organization that shows the  
amount of cash contributed, describes any property contributed,  
and gives a description and a good faith estimate of the value of  
any goods or services provided in return for the contribution, or  
states that no goods or services were provided in return for the  
contribution. The acknowledgment must be obtained by the due  
date (including extensions) of the REIT's return, or, if earlier, the  
date the return is filed. Do not attach the acknowledgment to the  
tax return, but keep it with the REIT's records.  
For more information on charitable contributions, including  
substantiation and recordkeeping requirements, see section 170  
and the related regulations, and Pub. 526, Charitable  
Contributions. For special rules that apply to corporations, see  
Pub. 542.  
Line 19. Other deductions. Attach a statement listing, by type  
and amount, all allowable deductions that are not deductible  
elsewhere on the return. Enter the total on line 19. Include  
amortization and organization expenses. Generally, a deduction  
may not be taken for any amount that is allocable to a class of  
exempt income. See section 265(b) for exceptions.  
Examples of other deductions include the following.  
Amortization (see Form 4562).  
Certain business start-up and organizational costs that the  
REIT elects to deduct.  
Depletion. Attach Form T (Timber), Forest Activities Schedule,  
if a deduction for depletion of timber is taken.  
Reforestation costs. The REIT can elect to deduct up to  
$10,000 of qualified reforestation expenses for each qualifying  
timber property. The REIT can elect to amortize over 84 months  
any amount not deducted.  
Insurance premiums.  
Legal and professional fees.  
Supplies used and consumed in the business.  
Utilities.  
Ordinary losses from trade or business activities of a  
partnership (from Schedule K-1 (Form 1065)). Do not offset  
ordinary income against ordinary losses. Instead, include the  
income on line 7. Show the partnership's name, address, and  
EIN on a separate statement attached to this return. If the  
amount is from more than one partnership, identify the amount  
from each partnership.  
Any net negative section 481(a) adjustment. See Section  
481(a) adjustment, earlier.  
Do not deduct expenses such as the following.  
Fines or penalties paid to a government for violating any law.  
However, exceptions apply for certain amounts paid or incurred  
12  
 
However, no deduction is allowed if a principal purpose of the  
organization is to entertain or provide entertainment facilities to  
members or their guests. In addition, REITs cannot deduct  
membership dues to any club organized for business, pleasure,  
recreation, or other social purpose. This includes country clubs,  
golf and athletic clubs, airline and hotel clubs, and clubs  
operated to provide meals under conditions favorable to  
business discussion.  
Entertainment facilities. Generally, the REIT cannot deduct  
an expense paid or incurred for a facility (such as a yacht or  
hunting lodge) used for an activity usually considered  
entertainment, amusement, or recreation.  
Amounts treated as compensation. Generally, the REIT  
may be able to deduct otherwise nondeductible meals, travel,  
and entertainment expenses if the amounts are treated as  
compensation to the recipient and reported on Form W-2 for an  
employee or on Form 1099-NEC for an independent contractor.  
However, if the recipient is an officer, director, beneficial  
owner (directly or indirectly), or other “specified individual” (as  
defined in section 274(e)(2)(B) and Regulations section  
1.274-9(b)), special rules apply.  
Pension, profit-sharing, etc., plans. Include the deduction for  
contributions to qualified pension, profit-sharing, or other funded  
deferred compensation plans. Employers who maintain such a  
plan must generally file one of the forms listed below unless  
exempt from filing under regulations or other applicable  
guidance, even if the plan is not a qualified plan under the  
Internal Revenue Code. The filing requirement applies even if the  
REIT does not claim a deduction for the current tax year. There  
are penalties for failure to file these forms on time and for  
overstating the pension plan deduction. See sections 6652(e)  
and 6662(f). Also, see the instructions for the applicable forms.  
Form 5500, Annual Return/Report of Employee Benefit Plan.  
Form 5500-SF, Short Form Annual Return/Report of Small  
Employee Benefit Plan, instead of Form 5500, generally if under  
100 participants at the beginning of the plan year.  
Note. Form 5500 and Form 5500-SF must be filed electronically  
under the computerized ERISA Filing Acceptance System  
(EFAST2). For more information, see the EFAST2 website at  
Form 5500-EZ, Annual Return of One-Participant (Owners/  
Partners and Their Spouses) Retirement Plan or a Foreign Plan.  
File this form for a plan that only covers the owner (or the owner  
and spouse) or a foreign plan that is required to file an annual  
return and does not file the annual return electronically on Form  
5500-SF. See the Instructions for Form 5500-EZ.  
Fines or similar penalties. Generally, no deduction is allowed  
for fines or similar penalties paid or incurred to, or at the direction  
of a government or governmental entity for violating any law, or  
for the investigation or inquiry into the potential violation of a law,  
except:  
Travel, meals, and entertainment. Subject to limitations and  
restrictions discussed below, a REIT can deduct ordinary and  
necessary travel, meals, and non-entertainment expenses paid  
or incurred in its trade or business. Generally, entertainment  
expenses, membership dues, and facilities used in connection  
with these activities cannot be deducted. In addition, no  
deduction is generally allowed for qualified transportation fringe  
benefits. Also, special rules apply to deductions for gifts, luxury  
water travel, and convention expenses. See section 274 and  
Pub. 463, for more details.  
Travel. A REIT cannot deduct travel expenses of any  
individual accompanying a corporate officer or employee,  
including a spouse or dependent of the officer or employee,  
unless:  
Amounts that constitute restitution;  
Amounts paid to come into compliance with the law;  
Amounts paid or incurred as the result of orders or  
agreements in which no government or governmental entity is a  
party; and  
Amounts paid or incurred for taxes due.  
No deduction is allowed unless the amounts are specifically  
identified in the order or agreement and the REIT establishes  
that the amounts were paid for that purpose. Also, any amount  
paid or incurred as reimbursement to the government for the  
costs of any investigation or litigation are not eligible for the  
exceptions and are nondeductible. See section 162(f).  
Lobbying expenses. Generally, lobbying expenses are not  
That individual is an employee of the REIT, and  
deductible. These expenses include:  
That individual’s travel is for a bona fide business purpose and  
Amounts paid or incurred in connection with influencing  
would otherwise be deductible by that individual.  
federal, state, or local legislation; or  
Amounts paid or incurred in connection with any  
Meals. Generally, the REIT can deduct only 50% of the  
amount otherwise allowable for non-entertainment related meal  
expenses paid or incurred in its trade or business.  
communication with certain federal executive branch officials in  
an attempt to influence the official actions or positions of the  
officials. See Regulations section 1.162-29 for the definition of  
“influencing legislation.”  
Meals not separately stated from entertainment are generally  
not deductible. In addition (subject to exceptions under section  
274(k)(2)):  
Dues and other similar amounts paid to certain tax-exempt  
organizations may not be deductible. If certain in-house lobbying  
expenditures do not exceed $2,000, they are deductible.  
Meals must not be lavish or extravagant, and  
An employee of the REIT must be present at the meal.  
See section 274(n)(3) for a special rule that applies to  
Line 21. Taxable income before NOL deduction, total de-  
duction for dividends paid, and section 857(b)(2)(E) de-  
duction. Generally, special at-risk rules under section 465 apply  
to closely held corporations engaged in any activity as a trade or  
business or for the production of income. Those REITs that are  
closely held may have to adjust the amount on line 21.  
expenses for meals consumed by individuals subject to the  
hours of service limits of the Department of Transportation.  
Qualified transportation fringes (QTFs). Generally, no  
deduction is allowed under section 274(a)(4) for QTFs provided  
by employers to their employees. QTFs are defined in section  
132(f)(1) and include:  
The at-risk rules do not apply to:  
Transportation in a commuter highway vehicle between the  
Holding real property placed in service by the taxpayer before  
employee’s residence and place of employment,  
1987;  
Any transit pass, and  
Qualified parking.  
Equipment leasing under sections 465(c)(4), (5), and (6); or  
Any qualifying business of a qualified REIT under section  
See section 274 and Pub. 15-B for details.  
465(c)(7).  
Membership dues. The REIT can deduct amounts paid or  
incurred for membership dues in civic or public service  
organizations, professional organizations (such as bar and  
medical associations), business leagues, trade associations,  
chambers of commerce, boards of trade, and real estate boards.  
However, the at-risk rules do apply to the holding of mineral  
property.  
If the at-risk rules apply, adjust the amount on this line for any  
section 465(d) losses. These losses are limited to the amount for  
13  
which the REIT is at risk for each separate activity at the close of  
the tax year. If the REIT is involved in one or more activities, any  
of which incurs a loss for the year, report the losses for each  
activity separately. Attach Form 6198, At-Risk Limitations,  
showing the amount at risk and gross income and deductions for  
the activities with the losses.  
If the REIT sells or otherwise disposes of an asset or its  
interest (either total or partial) in an activity to which the at-risk  
rules apply, determine the net profit or loss from the activity by  
combining the gain or loss on the sale or disposition with the  
profit or loss from the activity. If the REIT has a net loss, it may be  
limited because of the at-risk rules.  
that may offset recognized built-in gains is limited (see section  
384).  
A REIT may elect under section 965(n) to reduce the amount  
of the NOL for a tax year determined under section 172 and the  
amount of taxable income reduced by NOL carryovers to such  
tax year. The reduction amount is equal to the amount of the  
section 965(a) inclusion (net of the section 965(c) deduction)  
plus, in the case of a domestic corporation that claims a credit for  
deemed paid foreign taxes, the section 78 gross-up with respect  
to the foreign taxes deemed paid with respect to the section  
965(a) inclusion. If, as a result of an election under section  
965(n), the amount of the NOL for the tax year is reduced, the  
reduction amount is included in other income on line 7. If, as a  
result of an election under section 965(n), the taxable income  
reduced by NOL carryovers is reduced, the NOL deduction on  
line 22a is reduced by the reduction amount. See section 965(n)  
for more information.  
Treat any loss from an activity not allowed for the tax year as a  
deduction allocable to the activity in the next tax year.  
Line 22a. Net operating loss deduction. A REIT can use the  
net operating loss (NOL) incurred in one tax year to reduce its  
taxable income in another tax year.  
Generally, a REIT may carry an NOL over indefinitely to tax  
years following the year of loss. REITs are not permitted to carry  
back an NOL to any year preceding the year of the loss.  
Tax and Payments  
Line 25b. Estimated tax payments. Enter any estimated tax  
payments the REIT made for the current tax year.  
Enter the total NOL carryovers from other tax years, but do  
not enter more than the REIT's taxable income. The REIT's  
taxable income for purposes of the NOL deduction is taxable  
income (line 21) reduced by the dividends paid deduction  
(line 22b) and the section 857(b)(2)(E) deduction (line 22c). If  
this amount is less than zero, an NOL deduction cannot be taken  
for the tax year. Attach a statement showing the computation of  
the NOL deduction. Also, complete item 9 on Schedule K.  
Line 25f. Credit from Form 2439. Enter the credit (from Form  
2439) for the REIT's share of the tax paid by a Regulated  
Investment Company (RIC) or another REIT on undistributed  
long-term capital gains included in the REIT's income. Attach  
Form 2439 to Form 1120-REIT.  
Line 25g. Credit for federal tax on fuels. Enter the credit from  
Form 4136, Credit for Federal Tax Paid on Fuels, if the REIT  
qualifies to claim this credit. Attach Form 4136 to Form  
1120-REIT.  
If capital gain dividends are paid during any tax year, the  
amount of the net capital gain for such tax year (to the extent of  
the capital gain dividends) is excluded in determining:  
Line 25h. Elective payment election amount from Form  
3800. Enter on line 25h the total net elective payment election  
amount from Form 3800, General Business Credit, Part III, line 6,  
column (i). See the Instructions for Form 3800.  
1. The NOL for the tax year, and  
2. The amount of the NOL of any prior tax year that may be  
carried over to any succeeding tax year.  
Line 25i. Total payments and credits. Add the amounts on  
Carryover rules. The NOL for the current year is computed  
using the REIT's taxable income before it is reduced by the  
dividends paid deduction. After the REIT applies the NOL to the  
first tax year to which it may be carried, the taxable income of  
that year must be modified (as described by section 172(b) and  
the modified rules for REITs in section 172(d)(6)) to determine  
how much of the remaining loss may be carried to other years.  
Although the current-year NOL is computed without regard to the  
dividends paid deduction, an NOL carryover from a prior year is  
applied to the current year using taxable income after it is  
reduced by the dividends paid deduction. The NOL amounts  
carried forward by the REIT are not reduced by subsequent year  
dividends paid deductions. See Example 1 in Regulations  
section 1.172-5(a)(4).  
lines 25d through 25h and enter the total on line 25i.  
Backup withholding. If the REIT had income tax withheld from  
any payments it received because, for example, it failed to give  
the payer its correct EIN, include the amount withheld in the total  
for line 25i. Enter the amount withheld and the words “Backup  
Withholding” in the blank space above line 25i.  
Line 26. Estimated tax penalty. A REIT that does not make  
estimated tax payments when due may be subject to an  
underpayment penalty for the period of underpayment.  
Generally, a REIT is subject to the penalty if its tax liability is  
$500 or more and it did not timely pay the smaller of:  
Its total tax for the current tax year, or  
Its prior year's tax.  
Use Form 2220, Underpayment of Estimated Tax by  
Note. Generally, NOL deductions arising in tax years beginning  
after 2017 are limited to 80% of taxable income (determined  
without regard to the NOL). However, NOLs arising in taxable  
years prior to January 1, 2018, and carried over to the current  
taxable year are not subject to this limitation.  
Corporations, to determine whether the REIT owes a penalty and  
to figure the amount of the penalty. Generally, the REIT does not  
have to file this form because the IRS can figure the amount of  
any penalty and bill the REIT for it. However, even if it does not  
owe the penalty, the REIT must complete and attach Form 2220  
if the annualized income or adjusted seasonal installment  
method is used, or the REIT is a large corporation computing its  
first required installment based on the prior year's tax. See the  
Instructions for Form 2220 for the definition of a “large  
corporation.”  
Special NOL rules apply when:  
An ownership change (described in section 382(g)) occurs,  
the amount of the taxable income of a loss REIT that may be  
offset by the pre-change NOL carryovers is limited (see section  
382 and the related regulations). A loss REIT must file an  
information statement with its income tax return for each tax year  
that certain ownership shifts occur (see Temporary Regulations  
section 1.382-2T(a)(2)(ii) for details). See Regulations section  
1.382-6(b) for details on how to make the closing-of-the-books  
election.  
If Form 2220 is attached, check the box on this line and enter  
the amount of any penalty.  
Line 27. Tax due. If the REIT cannot pay the full amount of tax  
owed, it can apply for an installment agreement online. The REIT  
can apply for an installment agreement online if:  
When a REIT acquires control of another REIT (or acquires its  
It cannot pay the full amount shown on line 27;  
assets in a reorganization), the amount of pre-acquisition losses  
14  
     
The total amount owed is $25,000 or less (including tax,  
penalties, and interest); and  
Part III—Tax for Failure To Meet  
Certain Source-of-Income  
Requirements  
The REIT can pay the liability in full in 24 months.  
.
To apply using the Online Payment Agreement Application,  
go to IRS.gov/OPA.  
Section 856(c)(6) provides REITs with a relief provision if they  
have failed to satisfy the source-of-income requirements of  
sections 856(c)(2) and 856(c)(3). If section 856(c)(6) applies to a  
REIT for any tax year, a tax is imposed on the REIT under  
section 857(b)(5).  
Under an installment agreement, the REIT can pay what it  
owes in monthly installments. There are certain conditions that  
must be met to enter into and maintain an installment  
agreement, such as paying the liability within 72 months and  
making all required deposits and timely filing tax returns during  
the length of the agreement.  
If the installment agreement is accepted, the REIT will be  
charged a fee and it will be subject to penalties and interest on  
the amount of tax not paid by the due date of the return.  
All REITs must complete lines 1a through 8 of Part III to  
determine whether they are subject to the tax imposed under  
section 857(b)(5). If line 8 is zero, the tax does not apply, and the  
REIT does not have to complete the rest of Part III. However, if  
line 8 is greater than zero, the REIT is subject to this tax, and  
must complete the rest of Part III to determine the amount of tax.  
Part II—Tax on Net Income From  
Foreclosure Property  
If a REIT reports passive foreign exchange gain on line 2b or  
real estate foreign exchange gain on line 5b, and any part of  
such gain is characterized as such by a determination of the  
Secretary under section 856(n)(3)(C) or 856(n)(2)(C), the REIT  
must attach a copy of this determination to its return. Similarly, if  
a REIT reports income that is excluded from section 856(c)(2)  
pursuant to a determination of the Secretary under section  
856(c)(5)(J)(i) on line 2c or excluded from section 856(c)(3)  
pursuant to a determination of the Secretary under section  
856(c)(5)(J)(i) on line 5c, the REIT must attach a copy of this  
determination allowing for such exclusion to its return.  
Additionally, if a REIT reports income on line 7 in Part I that is  
excluded from sections 856(c)(2) and 856(c)(3) pursuant to  
section 965(m)(1), report that amount on lines 2d and 5d of Part  
III. The REIT must attach Forms 965 and 965-B, as applicable, to  
its return.  
A REIT that has failed the source-of-income requirements of  
sections 856(c)(2) and 856(c)(3) may avoid loss of its REIT  
status as a result of the failure if, following identification of its  
failure to meet the source-of-income requirements, the REIT sets  
forth a description of each item of its gross income described in  
sections 856(c)(2) and 856(c)(3) on an attached schedule. In  
addition, its failure to meet the source-of-income requirements  
must be due to reasonable cause and not due to willful neglect.  
Complete Part II only if the gross income, gains, losses, and  
deductions from foreclosure property (defined in section 856(e))  
result in net income. If an overall net loss results, report the gross  
income, gains, losses, and deductions from foreclosure property  
on the appropriate lines of Part I.  
Property may be treated as foreclosure property only if it  
meets the requirements of section 856(e) and the REIT elects to  
treat the property as foreclosure property in the year it was  
acquired. The property continues to be foreclosure property until  
the close of the 3rd tax year following the tax year in which the  
REIT acquired it. For more information, see section 856(e).  
However, if the foreclosure property is qualified health care  
property, it will cease to be foreclosure property as of the close of  
the 2nd year following the tax year the REIT acquired it (although  
the REIT may request one or more extensions to this 2-year  
grace period not to extend beyond the 6th year). See section  
856(e)(6) for details.  
This election must be made by the due date for filing Form  
1120-REIT (including extensions). To make the election, attach a  
statement that:  
Indicates that the election under section 856(e) is being  
For information on the relief provisions under sections 856(c)  
(7) and 856(g)(5), see the instructions for Schedule J, lines 2f  
and 2g.  
made;  
Identifies the property to which the election applies;  
Includes the name, address, and EIN of the REIT, the date the  
property was acquired, and a brief description of how the  
property was acquired (including the name of the person from  
whom the property was acquired); and  
Part IV—Tax on Net Income From  
Prohibited Transactions  
Gives a description of the lease or debt with respect to which  
default occurred or was imminent.  
Section 857(b)(6) imposes a tax equal to 100% of the net  
income derived from prohibited transactions. The 100% tax is  
imposed to prevent a REIT from retaining any profit from ordinary  
retailing activities such as sales to customers of condominium  
units or subdivided lots in a development tract.  
The REIT can revoke the election by filing a revocation on or  
before the due date (including extensions) for filing Form  
1120-REIT. See section 856(e) for more details.  
Line 2. Gross income from foreclosure property. Do not  
include income that qualifies under the REIT's 75% gross  
income test under section 856(c)(3)(A), (B), (C), (D), (E), or (G).  
These amounts must be reported in Part I.  
Line 1. Gain from sale or other disposition of property.  
Include only gain from the sale or other disposition of property  
described in section 1221(a)(1) that is not foreclosure property  
and that does not qualify as an exception. See section 857(b)(6)  
(C) for information on certain sales that do not qualify as  
prohibited transactions. See section 856(j) for a special rule  
regarding a shared appreciation mortgage. Exceptions apply for  
certain sales of timber property by a timber REIT. See section  
857(b)(6)(D).  
Line 4. Deductions. Deduct only those expenses that have a  
proximate and primary relationship to earning the income shown  
on line 3. This includes:  
Depreciation on foreclosure property;  
Interest paid or accrued on debt of the REIT that is attributable  
to the carrying of the property;  
Do not net losses from prohibited transactions against gains  
in determining the amount to enter on line 1. Enter losses from  
prohibited transactions on the appropriate line in Part I.  
Real estate taxes; and  
Fees charged by an independent contractor to manage such  
property.  
Do not deduct general overhead and administrative expenses  
Line 2. Deductions. Deduct only those expenses that have a  
in Part II.  
proximate and primary relationship to the earning of the income  
15  
     
shown on line 1. Do not deduct general overhead and  
administrative expenses in Part IV.  
the REIT instead of being reported by the TRS (see section  
857(b)(7)(B));  
Deductions that are improperly allocated between the REIT  
and its TRS (see section 857(b)(7)(C));  
Schedule A—Deduction for Dividends  
Paid  
Lines 1 through 5. Section 561 (taking into account sections  
857(b)(9), 857(d)(3)(B), and 858(a)) determines the deduction  
for dividends paid.  
Line 3. Dividends declared in October, November, or December  
and payable to shareholders of record in October, November, or  
December are treated by the REIT as paid on December 31 of  
that calendar year. The REIT is then eligible for the deduction for  
dividends paid for the year the dividends are declared even  
though they are not actually paid until January of the following  
calendar year.  
If the REIT declared dividends in any of those months and  
actually paid them in January, as discussed above, enter on  
line 3 those dividends not already included on lines 1, 2, and 4 of  
Schedule A.  
Interest deductions of a TRS to the extent that interest  
payments to its REIT are in excess of a rate that is commercially  
reasonable (see section 857(b)(7)(D)); and  
Gross income of a TRS of a REIT attributable to services  
provided to, or on behalf of, the REIT (less the deductions  
properly allocable thereto) that is improperly allocated between  
the REIT and the TRS (see section 857(d)(7)(E)).  
See section 857(b)(7) for details and exceptions.  
Line 2f—Tax Imposed Under Section 856(c)(7)  
Enter the tax imposed for relief provisions under section 856(c)  
(7) relating to failures to meet the requirements of the asset test  
of section 856(c)(4). See section 856(c)(7) for detailed  
information on the requirements for this relief provision.  
If a tax is imposed under section 856(c)(7), attach a  
statement providing an explanation of why the REIT failed to  
meet the requirements of the asset test and a description of why  
such failure is due to reasonable cause and not willful neglect.  
Line 7. If, for any tax year the REIT has net income from  
foreclosure property (as defined in section 857(b)(4)(B)), the  
deduction for dividends paid to be entered on line 6 (and on Part  
I, line 22b) is determined by multiplying the amount on line 5 by  
the following fraction.  
Failure to meet the asset test requirements of section  
856(c)(4) (other than de minimis failures). Under section  
856(c)(7)(A), a REIT may avoid loss of its REIT status as a result  
of certain failures to meet the asset test requirements of section  
856(c)(4) if, following identification of the failure, each of the  
following requirements are met.  
REIT taxable income (determined without regard to the deduction for  
dividends paid)  
The REIT sets forth a description of each asset that causes  
REIT taxable income (determined without regard to the deduction for  
dividends paid) +  
(Net income from foreclosure property minus the tax on net income from  
foreclosure property)  
the REIT to fail to satisfy the requirements of the asset test at the  
close of a quarter in a statement for the quarter attached to its  
timely filed Form 1120-REIT;  
The failure must be due to reasonable cause and not due to  
willful neglect; and  
The REIT either (a) disposes of the assets shown on the  
specified statement within 6 months after the last day of the  
quarter in which the REIT's identification of the failure occurred  
(or such other time and in the manner prescribed by regulations);  
or (b) the requirements of the asset test of section 856(c)(4) are  
otherwise met within the specified time period.  
Schedule J—Tax Computation  
Line 1  
A member of a controlled group must check the box on line 1  
and complete and attach Schedule O (Form 1120). See  
Schedule O (Form 1120) and its instructions for more  
information.  
In addition, if section 856(c)(7)(A) applies to a REIT for any  
tax year, the REIT must pay a tax that is the greater of:  
$50,000, or  
The amount determined (as prescribed by regulations to be  
Line 2a—Tax on REIT Taxable Income  
promulgated by the Secretary) by multiplying the net income  
generated by the assets described in the specified schedule for  
the quarter in which the failure occurred by 21%.  
Most REITs figure their tax by multiplying taxable income by  
21%. A member of a controlled group must use Schedule O  
(Form 1120) to figure its tax.  
Note. There is no tax imposed and you are not required to  
attach a schedule of assets to Form 1120-REIT for the de  
minimis relief provision under section 856(c)(7)(B).  
Under section 856(c)(7)(B), a REIT may avoid loss of its REIT  
status as a result of certain failures to meet the asset test  
requirements of section 856(c)(4)(B)(iv) if:  
Line 2c  
Taxes are imposed for the failure to meet the requirements of the  
asset test and/or gross income test. To qualify for relief from the  
failure to meet these requirements, attach an explanation of why  
the REIT failed to meet the asset test and/or gross income test.  
Attach supporting schedules and a statement showing the  
computation of the amount of tax. Also, include a reason why the  
failure was due to reasonable cause and not willful neglect. See  
sections 856(c)(2), 856(c)(3), and 856(c)(4).  
Following its identification of the failure, the REIT disposes of  
assets within 6 months after the last day of the quarter in which  
the REIT's identification of the failure occurred (or such time  
period prescribed by the Secretary and in the manner prescribed  
by the Secretary); or  
The statement for reasonable cause should be attached to  
Form 1120-REIT at the time it is filed.  
The requirements of the asset test of section 856(c)(4)(B)(iv)  
are otherwise met within the specified time period.  
Line 2e  
Line 2g—Tax Imposed Under Section 856(g)(5)  
Enter the amount of the 100% REIT tax imposed on the  
following.  
Enter the tax imposed for relief provisions under section 856(g)  
(5) relating to failures to meet certain requirements under  
sections 856 through 859 (other than sections 856(c)(2), 856(c)  
(3), and 856(c)(4)). See section 856(g)(5) for detailed  
information on the requirements for this relief provision.  
Income of a REIT for services provided to the REIT's tenants  
that is improperly included in rents from real property reported by  
16  
     
If a tax is imposed for section 856(g)(5), attach a statement  
providing an explanation of why the REIT failed to meet the other  
qualification requirements under sections 856–859, and a  
description of why such failure is due to reasonable cause and  
not willful neglect.  
Bond credits from Form 8912. Enter the allowable credits  
from Form 8912, Credit to Holders of Tax Credit Bonds, line 12.  
Decrease attributable to partner’s audit liability under sec-  
tion 6226. If the REIT is filing Form 8978 to report adjustments  
shown on Form 8986 they received from partnerships that have  
been audited and have elected to push out imputed  
Certain REIT qualification failures of sections 856–859  
(other than sections 856(c)(2), 856(c)(3), and 856(c)(4)).  
Under section 856(g)(5), a REIT that fails to meet the REIT  
qualification requirements under sections 856–859, except for  
section 856(c)(2), 856(c)(3), and 856(c)(4), may avoid loss of its  
REIT status if the failure is due to reasonable cause and not due  
to willful neglect. In addition, the REIT must pay (as prescribed  
by regulations and in the same manner as tax) a penalty of  
$50,000 for each failure to satisfy a provision of sections 856–  
859. See section 856(g)(5).  
underpayments to their partners, include any decrease in taxes  
due (negative amount) from Form 8978, line 14, in the total for  
Form 1120-REIT, Schedule J, line 3d. Attach Form 8978. If Form  
8978, line 14, shows an increase in tax, see the instructions for  
Schedule J, line 2h.  
Line 5—Personal Holding Company Tax  
A REIT is taxed as a personal holding company under section  
542 if:  
At least 60% of its adjusted ordinary gross income for the tax  
Line 2h—Income Tax  
year is personal holding company income, and  
Deferred tax under section 1291. If the REIT was a  
shareholder in a passive foreign investment company (PFIC) and  
received an excess distribution or disposed of its investment in  
the PFIC during the year, it must include the increase in taxes  
due under section 1291(c)(2) in the total for line 2h. On the  
dotted line to the left of line 2h, enter “Section 1291” and the  
amount.  
At any time during the last half of the tax year more than 50%  
in value of its outstanding stock is owned, directly or indirectly, by  
five or fewer individuals.  
See Schedule PH (Form 1120), U.S. Personal Holding  
Company (PHC) Tax, for definitions and details on how to figure  
the tax.  
Do not include on line 2h any interest due under section  
1291(c)(3). Instead, include the amount of interest owed on  
Schedule J, line 10, Other taxes.  
Line 6—Interest on Deferred Tax Liability Under  
Section 453A(c)  
Include any interest on deferred tax attributable to certain  
nondealer installment obligations (section 453A(c)).  
For more information on reporting the deferred tax and  
interest, see the Instructions for Form 8621.  
Additional tax under section 197(f). A REIT that elects to  
recognize gain and pay tax on the sale of a section 197  
intangible under the related person exception to the  
Line 7—Interest on Deferred Tax Liability Under  
Section 453(l)  
Include any interest on deferred tax attributable to certain dealer  
installment obligations under section 453(l).  
anti-churning rules should include any additional tax due in the  
total for line 2h. On the dotted line next to line 2h, enter “Section  
197” and the amount. See section 197(f)(9)(B)(ii).  
Line 8 —Recapture of Investment Credit  
Increase in tax attributable to partner’s audit liability under  
section 6226. If the REIT is filing Form 8978, Partner’s  
If the REIT disposed of investment credit property or changed its  
use before the end of the 5-year recapture period under section  
50(a), enter the increase in tax from Form 4255, Recapture of  
Investment Credit. See the Instructions for Form 4255.  
Additional Reporting Year Tax, to report adjustments shown on  
Form 8986, Push Out to Partners Under IRC 6226(a)(2), they  
received from partnerships that have been audited and have  
elected to push out imputed underpayments to their partners,  
include any increase in taxes due (positive amount) from Form  
8978, line 14, in the total for Form 1120-REIT, Schedule J,  
line 2h. On the dotted line next to line 2h, enter “Section 6226”  
and the amount. Attach Form 8978. If Form 8978, line 14, shows  
a decrease in tax, see the instructions for Schedule J, line 3d.  
Line 9—Recapture of Low-income Housing  
Credit  
If the REIT disposed of property (or there was a reduction in the  
qualified basis of the property) for which it took the low-income  
housing credit, and the REIT did not follow the procedures that  
would have prevented recapture of the credit, it may owe a tax.  
See Form 8611, Recapture of Low-Income Housing Credit.  
Line 3a—Foreign Tax Credit  
To find out when a REIT can claim the foreign tax credit for  
payment of income tax to a foreign country or U.S. territory, see  
Form 1118, Foreign Tax Credit—Corporations.  
Line 10—Other Taxes  
Include on line 10 additional taxes and interest such as the  
following. Attach a statement showing the computation of each  
item included in the total for line 10 and identify the applicable  
Code section and the type of tax or interest.  
Line 3b—Credit From Form 8834  
Enter any qualified electric vehicle passive activity credits from  
prior years allowed for the current tax year from Form 8834,  
Qualified Electric Vehicle Credit, line 7.  
Recapture of Indian employment credit. Generally, if an  
employer terminates the employment of a qualified employee  
less than 1 year after the date of initial employment, any Indian  
employment credit allowed for a prior tax year because of wages  
paid or incurred to that employee must be recaptured. For  
details, see Form 8845 and section 45A.  
Line 3c—General Business Credit  
Use Form 3800 to claim any general business credits. Enter on  
line 3c the allowable credit from Form 3800, Part II, line 38. See  
the Instructions for Form 3800.  
Recapture of new markets credit (see Form 8874 and Form  
8874-B.  
Recapture of employer-provided childcare facilities and  
Line 3d—Other Credits  
Minimum tax credit. Enter any allowable credit from Form  
8827, Credit for Prior Year Minimum Tax—Corporations.  
Complete and attach Form 8827.  
services credit (see Form 8882).  
Interest due on deferred gain (section 1260(b)).  
Interest due under section 1291(c)(3). See Form 8621 and the  
Instructions for Form 8621.  
17  
Interest due under the look-back methods. If the REIT used  
the look-back method under section 460(b)(2) for certain  
long-term contracts, use Form 8697, Interest Computation Under  
the Look-Back Method for Completed Long-Term Contracts, to  
figure the interest the REIT may have to include. See the  
Instructions for Form 8697.  
The REIT may also have to include interest due under the  
look-back method for property depreciated under the income  
forecast method. Use Form 8866, Interest Computation Under  
the Look-Back Method for Property Depreciated Under the  
Income Forecast Method, to figure any interest due or to be  
refunded. See the Instructions Form 8866.  
Line a. Enter the amount that would be the taxable income of  
the REIT for the tax year if only recognized built-in gain,  
recognized built-in loss, and recognized built-in gain carryover  
were taken into account, reduced by any portion of the REIT's  
recognized built-in gain from:  
Net income from foreclosure property,  
Amounts subject to tax for failure to meet certain  
source-of-income requirements under section 857(b)(5)  
computed in accordance with Regulations section 1.337(d)-6(c)  
(2),  
Net income from prohibited transactions under section 857(b)  
(6), and  
Amounts subject to tax under section 857(b)(7).  
Include the interest due under the look-back methods on  
Line b. Add the amounts shown on:  
line 10.  
Form 1120-REIT, Part l, line 21;  
Form 1120-REIT, Part II, line 5; and  
Form 2438, line 11.  
Built-in Gains Tax and Worksheet  
Built-in Gains Tax  
Subtract from the total the amount on Form 1120-REIT,  
line 22c. Enter the result on line b of the Built-in Gains Tax  
If, on or after January 2, 2002, property of a C corporation  
becomes property of a REIT by either (a) the qualification of the  
C corporation as a REIT, or (b) the transfer of such property to a  
REIT, then the REIT will be subject to the built-in gains tax under  
section 1374 unless the C corporation elects deemed sale  
treatment on the transferred property. Generally, if the C  
corporation does not make this election for tax years beginning  
in 2020, the REIT must pay tax on the net recognized built-in  
gain during the 5-year period beginning on its first day as a REIT  
or the day it acquired the property. Special rules apply to  
conversion transactions on or after June 7, 2019, as well as  
conversion transactions with a related section 355 distribution.  
See Regulations section 1.337(d)-7 for details.  
Line c. The REIT's net unrealized built-in gain is the amount, if  
any, by which the fair market value of the assets of the REIT at  
the beginning of its first REIT year (or as of the date the assets  
were acquired, for any asset with a basis determined by  
reference to its basis (or the basis of any other property) in the  
hands of a C corporation) exceeds the aggregate adjusted basis  
of such assets at that time.  
Enter on line c the REIT's net unrealized built-in gain reduced  
by the net recognized built-in gain for prior years. See sections  
1374(c)(2) and (d)(1).  
Line d. If the amount on line b exceeds the amount on line a,  
the excess is treated as a recognized built-in gain in the  
succeeding tax year.  
A REIT’s recognition period for conversion transactions that  
occur on or after August 8, 2016, and on or before February 17,  
2017, is the 10-year period beginning on its first day as a REIT or  
the day the REIT acquired the property, as described in  
Temporary Regulations section 1.337(d)-7T(b)(2)(iii), as in effect  
on August 8, 2016. However, under the provisions of final  
Regulations section 1.337(d)-7(g)(2)(iii), a REIT may choose to  
apply a 5-year recognition period to conversion transactions that  
occur on or after August 8, 2016, and on or before February 17,  
2017. See final Regulations section 1.337(d)-7 and Temporary  
Regulations section 1.337(d)-7T for details.  
Line e. Enter the section 1374(b)(2) deduction. Generally, this is  
any NOL carryforward or capital loss carryforward (to the extent  
of the net capital gain included in recognized built-in gain for the  
tax year) arising in tax years for which the REIT was a C  
corporation. These loss carryforwards must be used to reduce  
recognized built-in gain for the tax year to the greatest extent  
possible before they can be used to reduce the REIT's taxable  
income.  
Line g. A REIT reporting built-in gain for a tax year ending  
before 2023 will enter 21% of line f.  
Recognized built-in gains and losses generally retain their  
character (for example, ordinary income or capital gain) and are  
treated the same as other gains or losses of the REIT. The  
REIT's tax on net recognized built-in gain is treated as a loss  
incurred by the REIT during the same tax year (see the  
instructions for line i of the Built-in Gains Tax Worksheet, later).  
See Regulations section 1.337(d)-7 for details.  
Line h. Credit carryforwards arising in tax years for which the  
REIT was a C corporation must be used to reduce the tax on net  
built-in gain for the tax year to the greatest extent possible before  
the credit carryforwards can be used to reduce the tax on the  
REIT's taxable income.  
Line i. The REIT's tax on net recognized built-in gain is treated  
as a loss sustained by the REIT during the same tax year.  
Deduct the tax attributable to:  
Different rules apply to elections to be a REIT and transfers of  
property in a carryover basis transaction that occurred prior to  
January 2, 2002. For REIT elections and property transfers  
before this date, the C corporation is subject to deemed sale  
treatment on the transferred property unless the REIT elects  
section 1374 treatment. See Regulations section 1.337(d)-6 for  
information on how to make the election and figure the tax for  
REIT elections and property transfers before this date. The REIT  
may also rely on Regulations section 1.337(d)-5 for REIT  
elections and property transfers that occurred before January 2,  
2002.  
Ordinary gain as a deduction for taxes on Form 1120-REIT,  
line 14.  
Short-term capital gain as a short-term capital loss in Part I of  
Form 8949.  
Long-term capital gain as a long-term capital loss in Part II of  
Form 8949.  
Line 11—Total Tax  
Include any deferred tax on the termination of a section 1294  
election applicable to shareholders in a qualified electing fund in  
the amount entered on line 11. See Form 8621 and How To  
Report below.  
Built-in Gains Tax Worksheet Instructions  
Complete the Built-in Gains Tax Worksheet to figure the built-in  
gains tax under Regulations section 1.337(d)-7 or 1.337(d)-6.  
18  
 
Keep for Your Records  
Built-in Gains Tax Worksheet  
a. Excess of recognized built-in gains over recognized built-in losses . . . . . . . . . . . . . . . . . . . . . . . . . . .  
b. Taxable income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
c. Enter the net unrealized built-in gain reduced by any net recognized built-in gain for all prior  
a.  
b.  
years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c.  
d. Net recognized built-in gain (enter the smallest of line a, b, or c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
e. Section 1374(b)(2) deduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
f. Subtract line e from line d. If zero, enter -0- here and on line i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
g. Enter 21% (0.21) of line f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
h. Business credit and minimum tax credit carryforwards under section 1374(b)(3) from C corporation  
d.  
e.  
f.  
g.  
years (see instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . h.  
i. Tax. Subtract line h from line g (if zero or less, enter -0-). Enter here and include on line 10 of  
Schedule J. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i.  
Subtract from the total for line 11 the deferred tax on the  
REIT's share of the undistributed earnings of a qualified electing  
fund (see Form 8621).  
The constructive ownership rules of section 318 apply in  
determining if a REIT is foreign owned. See section 6038A(c)(5)  
and the related regulations.  
Enter on line 5a the percentage owned by the foreign person  
specified on line 5. On line 5b, enter the name of the owner's  
country.  
How To Report  
Attach a statement showing the computation of each item  
included in, or subtracted from the total for line 11. On the dotted  
line next to line 11, enter the amount of tax or interest, identify it  
as tax or interest, and specify the Code section that applies.  
Note. If there is more than one 25%-or-more foreign owner,  
complete lines 5a and 5b for the foreign person with the highest  
percentage of ownership.  
Schedule K—Other Information  
Foreign person. The term “foreign person” means:  
A foreign citizen or nonresident alien.  
Be sure to answer all the lines that apply to the REIT.  
An individual who is a citizen or resident of a U.S. territory (but  
who is not a U.S. citizen or resident).  
Question 3  
A foreign partnership.  
Check the “Yes” box if the REIT is a subsidiary in a  
parent-subsidiary controlled group (defined below), even if the  
REIT is a subsidiary member of one group and the parent  
corporation of another.  
A foreign corporation.  
Any foreign estate or trust within the meaning of section  
7701(a)(31).  
A foreign government (or one of its agencies or  
instrumentalities) if it is engaged in the conduct of a commercial  
activity as described in section 892.  
Note. If the REIT is an “excluded member” of a controlled group  
(see section 1563(b)(2)), it is still considered a member of a  
controlled group for this purpose.  
Owner's country. For individuals, the term “owner's country”  
means the country of residence. For all others, it is the country  
where incorporated, organized, created, or administered.  
Parent-subsidiary controlled group. The term  
“parent-subsidiary controlled group” means one or more chains  
of corporations connected through stock ownership (section  
1563(a)(1)). Both of the following requirements must be met.  
Requirement to file Form 5472. If the REIT checked “Yes” on  
line 5, it may have to file Form 5472. Generally, a 25%  
foreign-owned corporation that had a reportable transaction with  
a foreign or domestic related party during the tax year must file  
Form 5472.  
1. At least 80% of the total combined voting power of all  
classes of voting stock entitled to vote or at least 80% of the total  
value of all classes of stock of each corporation in the group  
(except the parent) must be owned by one or more of the other  
corporations in the group, and  
See Form 5472 for filing instructions and penalties for failure  
to file.  
2. The common parent must own at least 80% of the total  
combined voting power of all classes of stock entitled to vote or  
at least 80% of the total value of all classes of stock of one or  
more of the other corporations in the group. Stock owned directly  
by other members of the group is not counted when computing  
the voting power or value.  
Item 8  
Tax-exempt interest. Show any tax-exempt interest received or  
accrued. Include any exempt-interest dividends received as a  
shareholder in a mutual fund or other RIC.  
Item 9  
See section 1563(d)(1) for the definition of “stock” for  
purposes of determining stock ownership above.  
Enter the amount of the net operating loss (NOL) carryforward to  
the tax year from prior years, even if some of the loss is used to  
offset income on this return. The amount to enter is the total of all  
NOLs generated in prior years but not used to offset income in a  
tax year prior to 2023. Do not reduce the amount by any NOL  
deduction reported on line 22a.  
Question 5  
Check the “Yes” box if one foreign person owned at least 25% of  
(a) the total voting power of all classes of stock of the REIT  
entitled to vote, or (b) the total value of all classes of stock of the  
REIT.  
19  
     
Question 10  
Business Interest Expense Election  
Question 12  
To certify as a QOF, the REIT must file Form 1120-REIT and  
attach Form 8996, even if the REIT had no income or expenses  
to report. If the REIT is attaching Form 8996, check the “Yes” box  
for Question 12. On the line following the dollar sign, enter the  
amount from Form 8996, line 15.  
The limitation on business interest expense applies to every  
taxpayer with a trade or business, unless the taxpayer meets  
certain specified exceptions. A taxpayer may elect out of the  
limitation for certain businesses otherwise subject to the  
business interest expense limitation.  
Schedule L—Balance Sheets per  
Books  
Certain real property trades or businesses and farming  
businesses qualify to make an election not to limit business  
interest expense. This is an irrevocable election. If you make this  
election, you are required to use the alternative depreciation  
system to depreciate any property with a recovery period of 10  
years or more. Also, you are not entitled to the special  
depreciation allowance for that property. For a taxpayer with  
more than one qualifying business, the election is made with  
respect to each business.  
The balance sheets should agree with the REIT's books and  
records.  
Line 1. Cash. Include certificates of deposits as cash on line 1.  
Line 4. Tax-exempt securities. Include on this line:  
State and local government obligations, the interest on which  
is excludable from gross income under section 103(a), and  
Stock in a mutual fund or other RIC that distributed  
exempt-interest dividends during the tax year of the REIT.  
Check “Yes” if the taxpayer has an election in effect to  
exclude a real property trade or business or a farming business  
from section 163(j). For more information, see section 163(j) and  
the Instructions for Form 8990.  
Line 24. Adjustments to shareholders' equity. Examples of  
adjustments to report on this line include:  
Unrealized gains and losses on securities held “available for  
sale.”  
Question 11  
Conditions for Filing Form 8990  
Foreign currency translation adjustments.  
The excess of additional pension liability over unrecognized  
prior service cost.  
Guarantees of employee stock (ESOP) debt.  
Generally, a REIT with a trade or business must file Form 8990 to  
claim a deduction for business interest. In addition, Form 8990  
must be filed by any REIT that owns an interest in a partnership  
with current or prior-year carryover from excess business interest  
expense allocated from the partnership.  
Compensation related to employee stock award plans.  
If the total adjustment to be entered on line 24 is a negative  
number, enter the amount in parentheses.  
Schedule M-1  
Reconciliation of Income (Loss) per Books With  
Income per Return  
Exclusions from filing. A REIT is not required to file Form  
8990 if the REIT is a small business taxpayer and does not have  
excess business interest expense from a partnership. A REIT is  
also not required to file Form 8990 if the REIT only has business  
interest expense from the following excepted trades or  
businesses.  
Line 5c. Travel and entertainment. Include any of the  
following.  
An electing real property trade or business,  
An electing farming business, or  
Certain utility businesses.  
Entertainment not deductible under section 274(a).  
Entertainment-related meal expenses.  
Non-entertainment meal expenses not deductible under  
Small business taxpayer. For 2023, a small business taxpayer  
is not subject to the business interest expense limitation and is  
not required to file Form 8990.  
A small business taxpayer is a taxpayer that (a) is not a tax  
shelter (as defined in section 448(d)(3)); and (b) meets the gross  
receipts test of section 448(c), discussed next.  
Gross receipts test. For 2023, a taxpayer meets the gross  
receipts test if the taxpayer has average annual gross receipts of  
$29 million or less for the 3 prior tax years. A taxpayer's average  
annual gross receipts for the 3 prior tax years is determined by  
adding the gross receipts for the 3 prior tax years and dividing  
the total by 3.  
section 274(n).  
Expenses for the use of an entertainment facility.  
The part of business gifts over $25.  
Expenses of an individual over $2,000, that are allocable to  
conventions on cruise ships.  
Employee achievement awards of nontangible or tangible  
property over $400 ($1,600 if part of a qualified plan).  
The cost of skyboxes.  
Nondeductible club dues.  
The part of luxury water travel not deductible under section  
274(m).  
Expenses for travel as a form of education.  
Other nondeductible travel and entertainment expenses.  
Gross receipts include the aggregate gross receipts from all  
persons treated as a single employer, such as a controlled group  
of corporations, commonly controlled partnerships, or  
Line 7. Tax-exempt interest. Include as interest any  
exempt-interest dividends received by the REIT as a shareholder  
in a mutual fund or other RIC.  
proprietorships, and affiliated service groups. See section 448(c)  
and the Instructions for Form 8990 for additional information.  
Paperwork Reduction Act Notice. We ask for the information on these forms to carry out the Internal Revenue laws of the United  
States. You are required to give us the information. We need it to ensure that you are complying with these laws and to allow us to  
figure and collect the right amount of tax.  
You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form  
displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents  
may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential,  
as required by section 6103.  
20  
       
Estimates of Taxpayer Burden. The following tables show burden estimates based on current statutory requirements as of  
December 2023 for taxpayers filing 2023 Forms 1065, 1066, 1120, 1120-C, 1120-F, 1120-H, 1120-ND, 1120-S, 1120-SF, 1120-FSC,  
1120-L, 1120-PC, 1120-REIT, 1120-RIC, 1120-POL, and related attachments. Time spent and out-of-pocket costs are presented  
separately. Time burden is broken out by taxpayer activity, with reporting representing the largest component. Out-of-pocket costs  
include any expenses incurred by taxpayers to prepare and submit their tax returns. Examples include tax return preparation and  
submission fees, postage and photocopying costs, and tax preparation software costs. While these estimates don’t include burden  
associated with post-filing activities, IRS operational data indicate that electronically prepared and filed returns have fewer arithmetic  
errors, implying lower post-filing burden.  
Reported time and cost burdens are national averages and don’t necessarily reflect a “typical” case. Most taxpayers experience  
lower than average burden, with taxpayer burden varying considerably by taxpayer type.  
The average burden for partnerships filing Forms 1065 and related attachments is about 60 hours and $5,000; the average burden  
for corporations filing Form 1120 and associated forms is about 105 hours and $6,700; and the average burden for Forms 1066,  
1120-REIT, 1120-RIC, 1120-S, and all related attachments is 65 hours and $4,400. Within each of these estimates there is significant  
variation in taxpayer activity. Tax preparation fees and other out-of-pocket costs vary extensively depending on the tax situation of the  
taxpayer, the type of software or professional preparer used, and the geographic location. Third-party burden hours are not included in  
these estimates.  
Table 1 – Taxpayer Burden for Entities Taxed as Partnerships  
Forms 1065, 1066, and all attachments  
Primary Form Filed or Type of  
Taxpayer  
Total Number of Returns  
(millions)  
Average Time (hours)  
Average Cost ($)  
Average Monetized  
Burden ($)  
All Partnerships  
Small  
5.3  
4.9  
0.4  
60  
50  
200  
5,000  
3,200  
27,800  
8,700  
5,200  
50,800  
Large*  
* A large business is defined as one having end-of-year assets greater than $10 million. A large business is defined the same way for partnerships, taxable corporations, and  
pass-through corporations. A small business is any business that doesn’t meet the definition of a large business.  
Table 2 – Taxpayer Burden for Entities Taxed as Taxable Corporations  
Forms 1120, 1120-C, 1120-F, 1120-H, 1120-ND, 1120-SF, 1120-FSC, 1120-L, 1120-PC, 1120-POL, and all attachments  
Primary Form Filed or Type of  
Taxpayer  
Total Number of Returns  
(millions)  
Average Time (hours)  
Average Cost ($)  
Average Monetized  
Burden ($)  
All Taxable Corporations  
2.1  
2.0  
0.1  
105  
55  
830  
6,700  
3,600  
53,800  
14,900  
6,200  
149,000  
Small  
Large*  
*A large business is defined as one having end-of-year assets greater than $10 million. A large business is defined the same way for partnerships, taxable corporations, and  
pass-through corporations. A small business is any business that doesn’t meet the definition of a large business.  
Table 3 – Taxpayer Burden for Entities Taxed as Pass-Through Corporations  
Forms 1120-REIT, 1120-RIC, 1120-S, and all attachments  
Primary Form Filed or Type of  
Taxpayer  
Total Number of Returns  
(millions)  
Average Time (hours)  
Average Cost ($)  
Average Monetized  
Burden ($)  
All Pass-Through Corporations  
5.8  
5.7  
0.1  
65  
60  
295  
4,400  
3,800  
37,700  
7,500  
6,400  
71,800  
Small  
Large*  
*A large business is defined as one having end-of-year assets greater than $10 million. A large business is defined the same way for partnerships, taxable corporations, and  
pass-through corporations. A small business is any business that doesn’t meet the definition of a large business.  
Comments. If you have comments concerning the accuracy of these time estimates or suggestions for making these forms simpler,  
we would be happy to hear from you. You can send us comments from IRS.gov/FormComments. Or you can write to the Internal  
Revenue Service, Tax Forms and Publications, 1111 Constitution Ave. NW, IR-6526, Washington, DC 20224. Do not send the tax form  
to this address. Instead, see Where To File, near the beginning of the instructions.  
21