News Type: Roundtable Weekly

Treasury Department Reports on Effectiveness of Terrorism Risk Insurance Program

Posted on by Trey Jackson

The federal government’s Terrorism Risk Insurance Program has been effective in making terrorism risk insurance available and affordable throughout the United States, according to a recent report by the U.S. Department of the Treasury’s Federal Insurance Office. 

The  Treasury based its June “Report on the Overall Effectiveness of the Terrorism Risk Insurance Program” on marketplace data collected for the past two years, along with public comments such as those submitted by the broad-based Coalition to Insure Against Terrorism (CIAT), which includes The Real Estate Roundtable.

  • The Terrorism Risk Insurance Program – authorized by the Terrorism Risk Insurance Program Reauthorization Act (TRIPRA) of 2015 – provides a federal backstop for certain U.S. property and casualty insurance losses resulting from a certified act of terrorism.
  • TRIPRA directs Treasury to provide reports on the Program’s effectiveness and estimate the total amount of premiums earned on terrorism risk insurance since January 1, 2003.  Treasury published its first Program effectiveness report two years ago.  (Roundtable Weekly, July 8, 2016).
  • In last month’s report, Treasury’s estimate of total earned premiums for terrorism risk insurance from 2003 to 2017 is approximately $37.6 billion (excepting captive insurers).  This amount is between 1 and 2 percent of the total premiums earned in the Program-eligible lines of insurance during that period.  Treasury estimates that an additional $7.4 billion has been earned by captive insurers. 
  • The total of terrorism risk premiums earned is comparable to the loss sustained by the insurance industry in connection with the attacks on September 11, 2001. 
  • While the purchase of terrorism risk insurance is not mandated by the Program, a significant proportion of commercial policyholders nationwide have elected to obtain such insurance, and take-up may be even higher in metropolitan areas at greater risk of terrorism. 

Without Congressional action, the Terrorism Risk Insurance Program, authorized by TRIPRA, will expire on Dec. 31, 2020.  The Roundtable is working with industry partners to develop a proposal that would make terrorism insurance available for the long-term.

Regulators Emphasize Need for Transition Away From LIBOR to New Standard by End of 2021; Roundtable to Address Impact on Commercial Real Estate Finance

Posted on by Trey Jackson

International regulators this week urged banks to speed up their transition plans away from the London Inter-bank Offered Rate (LIBOR) to a new standard for setting the price of trillions of dollars of loans and derivatives worldwide. LIBOR is an important reference rate for commercial real estate and the broader economy, underlying approximately $373 trillion worth of cash and derivative contracts globally. 

The Fed’s Alternative Reference Rates Committee (ARRC) will meet on July 19 to address risks in contract language and actions that could minimize disruptions associated with a possible end to LIBOR.

  • With LIBOR set to expire at the end of 2021, the status of reform efforts and their impact on commercial real estate finance is profiled by Joseph Forte (Sullivan & Worcester) – a member of The Roundtable’s Real Estate Capital Policy Advisory Committee (RECPAC) – in his recent article, “Après LIBOR: Black Swan or Y2K.” 
  • LIBOR’s credibility was badly undermined a decade ago by a rate-manipulation scandal. These illegal actions damaged the public’s trust in LIBOR, financial markets and institutions. 
  • The United Kingdom’s Financial Conduct Authority (FCA), which regulates LIBOR, announced last year that it will phase out the global borrowing index by 2021.  In December 2018, FCA Chief Executive Andrew Bailey said, “There is some good news to report on the important steps taken towards transition. But the pace of that transition is not yet fast enough. There is much further to go.”  (FCA, “Interest rate benchmark reform: transition to a world without LIBOR“) 

    With LIBOR set to expire at the end of 2021, the status of reform efforts and their impact on commercial real estate finance is profiled in Joseph Forte’s recent article, ” Après LIBOR: Black Swan or Y2K .”  . 
  • The Federal Reserve Bank of New York in April began publishing an alternative U.S. benchmark to work alongside LIBOR – the Secured Overnight Financing Rate (SOFR), which is seen as the next step to transition trillions of dollars in securities away from LIBOR.  SOFR is seen as more reliable, as it is based on interest rates in the U.S. market for repurchase agreements instead of LIBOR’s estimated quotes by bankers in the relatively thin interbank loan market. 
  • Yesterday, The Wall Street Journal reported that international regulators are urging banks to stop using LIBOR for new contracts and plan to accommodate legacy contracts that are set to expire after LIBOR sunsets at the end of 2021.  “Legacy contracts represent arguably the greatest challenge for regulators and industry groups,” according to the July 13 article.   
  • Former President of the Federal Reserve Bank of New York William Dudley spoke about LIBOR in May. “Time is of the essence, and we must manage it well,” he told a Bank of England forum.  “Because of the great uncertainty over LIBOR’s future and the risks to financial stability that would likely accompany a disorderly transition to alternative reference rates, we need aggressive action to move to a more durable and resilient benchmark regime,” Dudley added.  (Reuters, May 24, 2018) 
  • The Fed’s Alternative Reference Rates Committee (ARRC) will meet on July 19 to address risks in contract language and actions that could minimize disruptions associated with a possible end to LIBOR.  See “Alternative Reference Rates Committee Releases Principles for Fallback Contract Language Guiding Principles Mark a Key Milestone in Meeting the ARRC’s Mandate” and the ARRC website for additional information. 

The Roundtable’s RECPAC has formed a LIBOR Working Group to address this challenge and work toward the development and implementation of an effective, new replacement benchmark that does not impair liquidity, needlessly increase borrowing costs or cause market disruptions.

The Real Estate Roundtable Elects New Leadership

Posted on by Trey Jackson

Ventas’ Debra A. Cafaro is New Chair of FY2019 Roundtable Board of Directors

(WASHINGTON, D.C.) — The Real Estate Roundtable has elected Debra A. Cafaro (Chairman and Chief Executive Officer, Ventas, Inc.) as its new Chair for a three-year term starting July 1, 2018.  She succeeds William C. Rudin (Co-Chairman and CEO, Rudin Management Company, Inc.).  The Roundtable’s membership also approved a 23-member Board of Directors for its 2019 fiscal year (July 1, 2018 – June 30, 2019).

The Real Estate Roundtable is comprised of industry leaders from the nation’s top publicly-held and privately-owned real estate ownership, development, lending and management firms.  Roundtable members focus on office, multifamily, retail, industrial, hospitality and other product types.  The FY2019 Board is elected from the membership and includes four elected leaders of national real estate trade organizations from The Roundtable’s 17 partner associations.

Ms. Cafaro leads Ventas, Inc., an S&P 500 company and real estate investment trust with a portfolio of more than 1,200 seniors housing, healthcare and research properties in the United States, Canada and the United Kingdom. 

“For two decades, The Real Estate Roundtable has taken a non-partisan approach aimed at providing practical policy solutions to lawmakers in DC,” Cafaro said.  “I intend to carry this approach forward, by continuing to shape and articulate a unified real estate industry perspective for policymakers, and as the first woman elected to this role, to showcase the diversity of our highly respected membership on national public policies.”

Cafaro added, “Above all, we must uphold our independent and respected position on Capitol Hill, emphasizing the industry’s economic role as a job creator; cornerstone for retirement savings; and a significant source of state and local budget revenue that in turn funds essential services, including police and fire protection.”

Ms. Cafaro joined The Real Estate Roundtable’s Board of Directors in 2011, served as Board Secretary in 2015 and was elected Chair-Elect and Secretary in 2017.

The Roundtable’s Immediate Past Chair William Rudin noted, ““I was honored to serve as the Roundtable Chair the past three years and pleased that Debra will succeed me.  She has an incredibly successful background, a sterling reputation, and the positive skills and qualities needed to successfully prioritize and advance the real estate industry’s policy agenda in Washington.”

Roundtable President and CEO Jeffrey D. DeBoer said, “The Roundtable now begins our 20th year of bringing together the leaders in our industry with the major industry trade associations to work positively with national lawmakers on policy issues related to our industry and the overall economy.  Our past success has been directly related to our high quality membership, our fact-based, nonpartisan problem-solving approach to policy issues, and the collective work with the overall industry .  We look forward to Deb Cafaro as our new Chair, not only to carry on our traditional approach to Washington, but also to lead The Roundtable to a new, enhanced level of effectiveness.”

Cafaro has received multiple professional recognitions, including one of the World’s 100 Most Powerful Women (Forbes Magazine), and one of the 50 Best-Performing CEOs in the World for four consecutive years (Harvard Business Review).  She is also a member of the Business Council; serves on the board of PNC Financial Services Group Inc; and is an owner and member of the Management Committee of the National Hockey League’s Pittsburgh Penguins.

Also joining The Roundtable’s Board of Directors as of July 1 are: Thomas J. Baltimore, Jr., Chairman, President and CEO of Park Hotels & Resorts and Chair, Nareit®; Tray E. Bates, CCIM SIOR CIPS, Principal, Bates Commercial LLC and Former Commercial Committee Chair, National Association of Realtors®; Steven Hason, Managing Director and Head, Americas Real Estate & Infrastructure, APG Asset Management US Inc. and Chairman, Pension Real Estate Association; Kathleen McCarthy, Global Co-Head of Blackstone Real Estate, Blackstone; and Tara L. Piurko, Partner, Miller Thomson LLP and President, CREW Network.  See the complete list of the FY2019 Roundtable’s Board of Directors here.

Stepping down from The Roundtable Board as of July 1 are: Kenneth F. Bernstein, President & Chief Executive Officer, Acadia Realty Trust and Immediate Past Chairman, International Council of Shopping Centers; Kevin Faxon, Managing Director – Head of Real Estate, Americas, J.P. Morgan Asset Management and Immediate Past Chairman, Pension Real Estate Association; Timothy J. Naughton, Chairman, CEO and President, AvalonBay Communities, Inc and Immediate Past Chair, Nareit®; and Robert S. Taubman, Chairman, President & CEO, Taubman Centers, Inc., and Chair Emeritus, The Real Estate Roundtable.

The Roundtable’s business and trade association leaders seek to ensure a cohesive industry voice is heard by government officials and the public about real estate and its important role in the global economy.  Collectively, Roundtable members’ portfolios contain over 12 billion square feet of office, retail and industrial properties valued at more than $1 trillion; over 1.5 million apartment units; and in excess of 2.5 million hotel rooms. Participating trade associations represent more than 1.5 million people involved in virtually every aspect of the real estate business.

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Ventas’ Debra A. Cafaro is New Chair of FY2019 Roundtable Board of Directors

Posted on by Trey Jackson

The Real Estate Roundtable has elected Debra A. Cafaro (Chairman and Chief Executive Officer, Ventas, Inc.) as its new Chair for a three-year term starting July 1, 2018.  She succeeds William C. Rudin (Co-Chairman and CEO, Rudin Management Company, Inc.).  The Roundtable’s membership also approved a 23-member Board of Directors for its 2019 fiscal year (July 1, 2018 – June 30, 2019).

Left to Right: Roundtable President and CEO Jeffrey D. DeBoer; Roundtable Chair Debra A. Cafaro (Chairman and Chief Executive Officer,  Ventas, Inc  .); and Immediate Past Roundtable Chair William C. Rudin (Co-Chairman and CEO,  Rudin Management Company, Inc  .) 

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  • Ms. Cafaro leads Ventas, Inc., an S&P 500 company and real estate investment trust with a portfolio of more than 1,200 seniors housing, healthcare and research properties in the United States, Canada and the United Kingdom.
  • “For two decades, The Real Estate Roundtable has taken a non-partisan approach aimed at providing practical policy solutions to lawmakers in DC,” Cafaro said.  “I intend to carry this approach forward, by continuing to shape and articulate a unified real estate industry perspective for policymakers, and as the first woman elected to this role, to showcase the diversity of our highly respected membership on national public policies.” 
  • The Roundtable’s Immediate Past Chair William Rudin noted, “I was honored to serve as the Roundtable Chair the past three years and pleased that Debra will succeed me.  She has an incredibly successful background, a sterling reputation, and the positive skills and qualities needed to successfully prioritize and advance the real estate industry’s policy agenda in Washington.” 
  • Roundtable President and CEO Jeffrey D. DeBoer said, “The Roundtable now begins our 20th year of bringing together the leaders in our industry with the major industry trade associations to work positively with national lawmakers on policy issues related to our industry and the overall economy.  Our past success has been directly related to our high quality membership, our fact-based, nonpartisan problem-solving approach to policy issues, and the collective work with the overall industry. We look forward to Deb Cafaro as our new Chair, not only to carry on our traditional approach to Washington, but also to lead The Roundtable to a new, enhanced level of effectiveness.”
  • Also joining The Roundtable’s Board of Directors as of July 1 are: 
    · Thomas J. Baltimore, Jr., Chairman, President and CEO of Park Hotels & Resorts and Chair, Nareit®;
    · Tray E. Bates, CCIM SIOR CIPS, Principal, Bates Commercial LLC and Former Commercial Committee Chair, National Association of Realtors®; 
    · Steven Hason, Managing Director and Head, Americas Real Estate & Infrastructure, APG Asset Management US Inc. and Chairman, Pension Real Estate Association; 
    · Kathleen McCarthy, Global Co-Head of Blackstone Real Estate, Blackstone; and 
    · Tara L. Piurko, Partner, Miller Thomson LLP and President, CREW Network.  

    See the complete list of the FY2019 Roundtable’s Board of Directors here. 

  • Stepping down from The Roundtable Board as of July 1 are: 
    · Kenneth F. Bernstein, President & Chief Executive Officer, Acadia Realty Trust and Immediate Past Chairman, International Council of Shopping Centers; 
    · Kevin Faxon, Managing Director – Head of Real Estate, Americas, J.P. Morgan Asset Management and Immediate Past Chairman, Pension Real Estate Association; 
    · Timothy J. Naughton, Chairman, CEO and President, AvalonBay Communities, Inc and Immediate Past Chair, Nareit®; and 
    · Robert S. Taubman, Chairman, President & CEO, Taubman Centers, Inc., and Chair Emeritus, The Real Estate Roundtable.

“VisitU.S.” Advocates Reauthorization of Brand USA Travel and Tourism Program; Improving Efficiency of Visa Application Process

Posted on by Trey Jackson

The significant, positive role of international travel and tourism in boosting the U.S. economy, creating American jobs and helping the foreign trade imbalance was the focus of efforts by the VisitU.S. Coalition this week on Capitol Hill. 

A VisitU.S.  coalition video with CEO testimonials  was released to address the drop of 7.4 million international visitors to America from 2015-2017.   Roger Dow, President and CEO of the U.S. Travel Association, above.

  • Roundtable President and CEO Jeffrey D. DeBoer joined coalition CEOs on Wednesday in Congressional meetings. The following day, a coalition video with CEO testimonials was released to address the drop of 7.4 million international visitors to America from 2015-2017.  While foreign travel has increased globally, the U.S.’s reduced market share translates to 32 billion dollars in lost spending and 100,000 fewer jobs in this country. The drop in foreign visitation also widens the foreign trade imbalance, as spending by international visitors is the U.S.’s top service export accounting for 245 billion dollars in total travel exports in 2017.  (Roundtable Weekly, June 8, 2018.)
  • Wyndham Hotel Group President and CEO Geoff Ballotti said, “We have had five or six great years of record growth in terms of international inbounds but the share that we are capturing is continuing to slip and that’s what we are all very focused on – maintaining that great market share.” (VisitU.S. video, June 28) 
  • The coalition is urging Congress to reauthorize the Brand USAprogram, which is not supported by taxpayer dollars, but through fees on foreign visitors who do not require a visa when entering the U.S.  Legislation is needed to authorize the program beyond 2020 — and ensure that visitor fees authorized for collection from 2021 to 2027 will not be diverted to the Treasury Department, as currently scheduled.  
  • An FY2017 return on investment analysis showed each dollar of Brand USA marketing generated almost 28 dollars in visitor spending.  Moreover, Brand USA-generated international visitor spending is estimated to have produced 486 million dollars in federal tax revenue, and another 526 million dollars in state and local tax revenue.  

    The economic importance of foreign travel and tourism to the United States’ economy and commercial real estate industry was the focus of a panel discussion during The Roundtable’s 2018 Annual Meeting this month. 
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  • “Robust international travel helps to power the U.S. commercial real estate markets, not only hospitality properties but retail, attraction, health and investment properties as well,” said DeBoer. “National tourism policies that boost overall economic growth, support and create jobs, and generate revenues help modernize our infrastructure, and generally improve the quality of life in our communities. The Real Estate Roundtable will continue our work with the VisitU.S. Coalition to emphasize that America is a uniquely welcoming, interesting and safe travel destination for international visitors,” DeBoer added.
  • The meetings on Capitol Hill also focused on the need to improve the visa application process for foreign visitors.  Other CEOs joining DeBoer in Wednesday’s congressional visits were Roger Dow with the U.S. Travel Association; Katherine Lugar with the American Hotel & Lodging Association;  Robert Cresanti with the International Franchise Association; Chip Rogers with the Asian American Hotel Owners Association; and Steve Shur with Travel Tech.   

A panel discussion at The Roundtable’s June 14 Annual Meeting focused on the travel and tourism issue.  Participants included USTA’s Roger Dow, AH&LA’s Katherine Lugar, Senator Amy Klobuchar (D-MN) and Anthony E. Malkin  (Chairman and CEO, Empire State Realty Trust).  (Roundtable Weekly, June 15, 2018.)

House Follows Senate in Passing Bills Addressing Foreign Investment Risk; Includes Language Affecting Real Estate

Posted on by Trey Jackson

The House of Representatives on June 26 voted 400-2 to pass legislation (H.R. 5841) that overhauls federal review of transactions involving foreign companies or countries, including certain real estate transactions. The Senate on June 18 passed its version of the legislation (S. 2098).  (Dechert, June 2018) 

Both the House and Senate FIRRMA bills would expand the list of covered transactions to include some foreign purchases and leases of real estate near military and other strategic facilities.

  • The bills would update the review authority of the Committee on Foreign Investment in the U.S. (CFIUS) to review national security implications of transactions that could result in control of a U.S. business by a foreign person – and to block transactions or impose measures to mitigate any threats to U.S. security.
  • Both the House and Senate bills would expand the list of covered transactions to include some foreign purchases and leases of real estate near military and other strategic facilities.  Responding to concerns raised by The Roundtable and other industry groups, each bill includes similar language designed to exempt real estate located in ‘urbanized areas’ from the criteria of a covered transaction.  [See Title II, Sec. 201in the House’s Foreign Investment Risk Review Modernization Act of 2018 (FIRMMA) and for S. 2098, see  pages 7 through 9].  The Census defines an urbanized area as one comprising more than 50,000 people.

While the House and Senate bills are similar, the definition of “critical technology” differs and will require reconciliation before a final vote in each chamber. The Trump Administration has shown support for reforming FIRRMA to strengthen CFIUS’ oversight.

Treasury Designates More than 8,700 Census Tracts as Opportunity Zones

Posted on by Trey Jackson

The Treasury Department on June 20 designated more than 8,700 low-income census tracts in the United States, Puerto Rico, and territories as qualified Opportunity Zones. (IRS Notice 2018-48)

A Roundtable Tax Policy Advisory Committee working group is finalizing a comment letter to the Treasury Department and IRS with recommendations on how to structure implementing rules that facilitate productive real estate investment.

  • Congress created the Opportunity Zone tax incentive program in the Tax Cuts and Jobs Act. Incentives reward Opportunity Fund investors with a capital gains deferral or exclusion on their invested capital in low-income communities.
  • Opportunity Funds must invest in tangible business property located in a qualifying zone, which can include real estate, and the tax benefits are tied to the investment holding period.  The capital gain on an Opportunity Fund investment is excluded from tax altogether if the asset is held for 10 years or more. (Opportunity Zones: An Innovative Investment Vehicle Created by the TCJA , Accounting Today, June 6, 2018).
  • Real estate investment aligns with the underlying objectives of the Opportunity Zone program – job creation, infrastructure development and growth in the tax base supports local public services. 
  • Opportunity Zones were the topic of a panel discussion at The Roundtable’s Tax Policy Advisory Committee (TPAC) meeting last week. Speakers included Shay Hawkins, Tax Counsel for Senator Tim Scott (R-SC), the original author or Opportunity Zone legislation. Treasury’s Tax Legislative Counsel Tom West also addressed a number of questions related to Opportunity Zones. 

A TPAC working group is finalizing a comment letter to the Treasury Department and IRS with recommendations on how to structure implementing rules that facilitate productive real estate investment.  The letter will address topics such as the Opportunity Fund certification process, the requirements necessary for real estate to be treated as a qualified Opportunity Zone investment, and the tax consequences of real estate asset sales and acquisitions by an Opportunity Fund during the holding period.

Supreme Court Rules States Can Collect Sales Tax from Online Retailers; Uniform Collection Standards Present Significant Challenge

Posted on by Trey Jackson

The Supreme Court yesterday ruled 5-4 in South Dakota v. Wayfair to expand States’ authority to collect sales and use taxes on Internet consumer purchases from retailers who do not have a physical presence in a state. 

The Supreme Court yesterday ruled 5-4 in South Dakota v. Wayfair to expand States’ authority to collect sales and use taxes on Internet consumer purchases from retailers who do not have a physical presence in a state.

  • Real Estate Roundtable President and Chief Executive Officer Jeffrey DeBoer commended the Court’s long-anticipated ruling.  He noted the decision “rejects an antiquated ‘physical presence’ standard. That test exempted on-line retailers from collecting sales and use taxes – yet imposed those obligations on traditional ‘brick-and-mortar’ retailers.  DeBoer also noted the ruling “will enable states to collect much-needed revenue to provide public services and invest in local infrastructure projects.”  (Roundtable Statement, June 21)
  • The Roundtable on March 5, 2018 joined The International Council of Shopping Centers (ICSC), Investment Program Association, Nareit®, the National Association of REALTORS® , the National Multifamily Housing Council, NAIOP, the American Farm Bureau Federation and the South Dakota Farm Bureau Federation in filing an amicus curiae brief.  (Roundtable Weekly, March 9) 
  • While the Wayfair decision overturns previous case law, it also creates the potential for a patchwork of state-level collect and remit statutes, which may lead to efforts by Congress to simplify States’ tax collection practices. 
  • Justice Anthony Kennedy wrote in the majority opinion: “Eventually, software that is available at a reasonable cost may make it easier for small businesses to cope with these problems. Indeed, as the physical presence rule no longer controls, those systems may well become available in a short period of time, either from private providers or from state taxing agencies themselves. And in all events, Congress may legislate to address these problems if it deems it necessary and fit to do so.” (Supreme Court opinion, South Dakota vs. Wayfair) 
  • In the dissent, Chief Justice John Roberts reflected his belief that the decision could preclude a federal solution from Congress: “Armed with today’s decision, state officials can be expected to redirect their attention from working with Congress on a national solution, to securing new tax revenue from remote retailers.” (Supreme Court opinion, South Dakota vs. Wayfair) 

ICSC President and Chief Executive Officer Tom McGee said, “We understand this is a major step in a long process, but look forward to working with policymakers and business owners to find state-level legislative solutions which promote fairness and competition.” (CoStar News, June 21) 

The Roundable’s DeBoer added, “We stand ready to assist policymakers should they respond to today’s decision with legislation that provides our nation’s businesses with fair standards to collect the tax that is owed on online sales.”  (Roundtable Statement, June 21)

Roundtable Comment Letter Addresses Productive Real Estate Investment in New Opportunity Zones

Posted on by Trey Jackson

The Real Estate Roundtable on Thursday provided formal comments to Treasury Department and IRS officials regarding implementation guidance that could maximize real estate investment, capital and jobs into newly designated Opportunity Zone communities.  Last week, the Treasury Department formally designated more than 8,700 low-income census tracts in the United States, Puerto Rico, and territories as qualified Opportunity Zones. (IRS Notice 2018-48 and Roundtable Weekly, June 22)

The Real Estate Roundtable provided  formal comments  regarding implementation guidance for newly designated Opportunity Zone communities.

  • “Real estate development and redevelopment is a key component of any region’s economic strength and growth,” wrote Roundtable President and CEO Jeffrey DeBoer.  “In our view, successful implementation of the Opportunity Zone program requires careful consideration of how the new rules will apply to real estate and real estate investment activities.” 
  • The Roundtable comments focus on: the certification of Opportunity Funds; the deferral or exclusion of gain; and the Opportunity Fund asset test, including questions regarding when real estate improvements constitute a qualified investment.
  • Congress created Opportunity Zones in the Tax Cuts and Jobs Act to encourage long-term, capital investment in economically struggling, low-income communities.  Opportunity Funds must invest in tangible business property located in a qualifying zone, which can include real estate, and the tax benefits are tied to the investment holding period.  The capital gain on an Opportunity Fund investment is excluded from tax altogether if the asset is held for 10 years or more.

The Roundtable comments are the product of The Roundtable Tax Policy Advisory Committee (TPAC) Opportunity Zone Working Group.  TPAC recently convened a panel on Opportunity Zones that included the tax counsel for Senator Tim Scott (R-SC), the original author and sponsor of Opportunity Zone legislation.

Real Estate Roundtable Commends Supreme Court Decision to End Tax Discrimination Against Main Street Retailers

Posted on by Trey Jackson

(WASHINGTON, D.C.) — Real Estate Roundtable President and Chief Executive Officer Jeffrey DeBoer released the following statement on today’s Supreme Court decision  (5-4) in South Dakota v. Wayfair expanding States’ authority to collect sales and use taxes on Internet consumer purchases from retailers who do not have a physical presence in a state.

“The Real Estate Roundtable commends the Supreme Court for their decision today that ends tax discrimination against Main Street retailers by expanding States’ authority to collect sales taxes on e-commerce purchases. 

Today’s ruling is long overdue and rejects an antiquated “physical presence” standard.  That test exempted on-line retailers from collecting sales and use taxes – yet imposed those obligations on traditional “brick-and-mortar” retailers. 

The ruling will enable states to collect much-needed revenue to provide public services and invest in local infrastructure projects.  Research data from The National Conference of State Legislatures and International Council of Shopping Centers shows that nearly 26 billion dollars in state and local sales taxes from online sales went uncollected in 2015. 

Many issues remain for Congress to craft a uniform, efficient system. We stand ready to assist policymakers should they respond to today’s decision with legislation that provides our nation’s businesses with  fair standards to collect the tax that is owed on online sales.”

The Roundtable on March 5, 2018 joined The International Council of Shopping Centers, Investment Program Association, Nareit®, the National Association of REALTORS® , the National Multifamily Housing Council, NAIOP, the American Farm Bureau Federation and the South Dakota Farm Bureau Federation in filing an amicus curiae brief.  

The Real Estate Roundtable brings together leaders of the nation’s publicly-held and privately owned real estate ownership, development, lending and management firms with the leaders of national real estate trade associations to jointly address key national policy issues relating to real estate and the overall economy.