Columbia Journal of Tax Law's Tax Matters: The IRS's Recent REIT Rulings

The Columbia Journal of Tax Law has published the fourth edition of its Tax Matters feature, with multiple short pieces responding to a specific cutting-edge tax law issue.  This issue's prompt is by Bradley Borden (Brooklyn):

In several recent private letter rulings, the IRS appears to apply an expansive interpretation of the definition of “real property” and “rents from real property” in relation to real estate investment trusts (REITs). As REITs purchase properties that include renewable assets, such as solar panels and wind turbines, the continuing development of such assets puts further pressure on the definition of real property and rents from real property. Although private letter rulings do not have precedential effect, some practitioners may look to them for guidance regarding specific issues, especially if a transaction comes squarely within, or close to, the four corners of a ruling. If a private letter ruling describes property such as electricity transmission lines, natural gas pipelines, cell towers, billboards, or renewable assets with sufficient specificity, perhaps tax advisors could become comfortable concluding that similar assets would qualify for the treatment granted in the private letter rulings.

What effects, if any, do the series of private letter rulings have on advice practitioners are giving to clients? Do the rulings provide sufficient insight into the IRS’s thinking to extrapolate a general definition of real property and rents from real property? Or should Congress or Treasury develop a general definition of real property and rents from real property? What policy reasons, if any, support an expansive definition of real property and rents from real property?

• Micah W. Bloomfield & Neal D. Richards (both of Stroock & Stroock & Lavan, New York), New Rulings Present Opportunities, but Not Carte Blanche, 4 Colum. J. Tax L. Tax Matters 1 (2013)
• John Patrick Dowdall (Global Renewable Solutions), Defining Real Property and Its Consequences, 4 Colum. J. Tax L. Tax Matters 5 (2013)
• Todd D. Keator (Thompson & Knight, Dallas), REITs and the Expanding Universe of “Rents from Real Property”, 4 Colum. J. Tax L. Tax Matters 12 (2013)
• Michael E. Shaff (Irvine Venture Law Firm, Irvine, CA), The Service’s Trend of Friendly REIT Rulings Continues, 4 Colum. J. Tax L. Tax Matters 17 (2013)

Previous issues of Tax Matters:

• Marvin A. Chirelstein (Columbia), Codification of the Economic Substance Doctrine, 2 Colum. J. Tax L. Tax Matters 1-11 (2011)
• Paul L. Caron (Cincinnati), Tax Strategy Patents, 3 Colum. J. Tax L. Tax Matters 1-9 (2012)
• Michael Graetz (Columbia), Schedule UTP, 3 Colum. J. Tax L. Tax Matters 10-19 (2012)