2025 US Tax Reform: What Non-US Investors in US REITs Need to Know

This article evaluates the 2025 US tax reform and its impact on investments in US real estate investment trusts (REITs) for non-US investors. It explains the structural reasons that REITs have traditionally been a tax preferred investment vehicle for non-US investors and whether those same advantages continue to hold true post-2025 US tax reform. In particular, it considers the near-enactment of the so-called “retaliatory tax” levied on non-US persons under proposed section 899, which would have overridden tax benefits under income tax treaties and tax benefits enjoyed by non-US governments including sovereign wealth funds and pension funds under domestic US tax law. The article ends with offering some practical lessons from the 2025 tax reform including how non-US investors should evaluate change-in-law risk in their investments going forward.

Authors

Publication Details

Journal
Finance and Capital Markets (formerly Derivatives & Financial Instruments)
Published
2025-11-03
DOI
https://doi.org/10.59403/2hvhfht
Primary Topic
Corporate Taxation and Avoidance
Type
article
Field-Weighted Citation Impact
0.00
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article

2025 US Tax Reform: What Non-US Investors in US REITs Need to Know

Shiukay Hung
Finance and Capital Markets (formerly Derivatives & Financial Instruments)
Corporate Taxation and Avoidance
article

2025 US Tax Reform: What Non-US Investors in US REITs Need to Know

Shiukay Hung
article en

Abstract

This article evaluates the 2025 US tax reform and its impact on investments in US real estate investment trusts (REITs) for non-US investors. It explains the structural reasons that REITs have traditionally been a tax preferred investment vehicle for non-US investors and whether those same advantages continue to hold true post-2025 US tax reform. In particular, it considers the near-enactment of the so-called “retaliatory tax” levied on non-US persons under proposed section 899, which would have overridden tax benefits under income tax treaties and tax benefits enjoyed by non-US governments including sovereign wealth funds and pension funds under domestic US tax law. The article ends with offering some practical lessons from the 2025 tax reform including how non-US investors should evaluate change-in-law risk in their investments going forward.

Finance and Capital Markets (formerly Derivatives & Financial Instruments)Vol. 26(4)
Openalex Percentile: Top 53%
Corporate Taxation and Avoidance
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