Partner Addresses Tenant-Friendly REIT Structures

Bryan Cave LLP Partner Daniel Cullen, a frequent author and speaker on complex tax issues, provides an overview of REITs (real estate investment trusts) and tenant-friendly structures in the May-June issue of the Journal of Passthrough Entities.

“Advances in computer technology and in the telecommunications industry have significantly impacted the type of structural components, tenant improvements and related services often desired (or in some cases required) by certain real estate tenants,” Cullen writes. “For example, some high-technology tenants require an uninterruptible, stable source of power for the tenant’s space, as well as specified temperature and humidity range requirements.”

In his article, Cullen outlines the REIT asset and income tests as well as the specific “real property” and “tenant services” issues addressed in Private Letter Ruling 200752012.

Leader of Bryan Cave’s Tax Advice & Controversy Practice, Cullen focuses his practice in tax advice and corporate finance, including real estate capital markets transactions, structured finance and joint ventures and partnerships. Additionally, he is an adjunct professor of tax law at the DePaul University College of Law.

Click on the attachment below to read his full article, reprinted with permission from the Journal of Passthrough Entities.