PolicyBrief
H.R. 2198
119th CongressMar 18th 2025
To amend the Internal Revenue Code of 1986 to restore the taxable REIT subsidiary asset test.
IN COMMITTEE

This bill amends the Internal Revenue Code to increase the allowable percentage for the taxable REIT subsidiary asset test from 20% to 25%, effective for taxable years beginning after December 31, 2025.

Mike Kelly
R

Mike Kelly

Representative

PA-16

LEGISLATION

Bill Proposes Raising REIT Subsidiary Asset Limit to 25% Starting After 2025

This bill tweaks the rules for Real Estate Investment Trusts (REITs) by amending the Internal Revenue Code. Specifically, it adjusts the "taxable REIT subsidiary asset test," increasing the maximum value of assets a REIT can hold in these subsidiaries from the current 20% up to 25%. This change is slated to kick in for taxable years beginning after December 31, 2025.

Shifting the Investment Mix

So, what's this "asset test" about? Think of it as a limit on how much of a REIT's total worth can be tied up in certain side businesses it owns, known as taxable REIT subsidiaries (TRSs). These TRSs can engage in activities that REITs themselves often can't, like providing certain services to tenants. By raising the cap from 20% to 25%, the bill gives REITs a bit more breathing room to invest in or operate through these subsidiaries without violating tax rules.

Real-World Ripple Effects?

For the average person, this change likely won't register on the daily radar. It's primarily a structural adjustment affecting how REITs manage their portfolios. However, if you invest in REITs, perhaps through a mutual fund or your retirement account, this added flexibility could potentially influence their business strategies and, down the line, their performance. It might allow some REITs to expand certain service offerings or diversify slightly more through their TRSs. It’s a technical adjustment in the investment landscape, mainly relevant to the REITs themselves and their direct investors, rather than a sweeping change impacting Main Street directly.