News Type: Roundtable Weekly

Tax Changes Affecting CRE in Senate “Phase 3” Coronavirus Package; Roundtable Submits Request for Administration to Waive COD Income

Posted on by Trey Jackson

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Senate Majority Leader Mitch McConnell (R-KY) unveiled a “Phase III” coronavirus economic stimulus proposal on March 19 that includes a number of tax provisions important to real estate – including a temporary reinstatement of the net operating loss carryback; relaxation of the current-law restrictions business interest deductions; and long-sought technical corrections to several provisions in the 2017 tax code overhaul (e.g. qualified improvement property). 

The Coronavirus Aid, Relief, and Economic Security (CARES) Act will be subject to change or additions as Democratic lawmakers and the White House with Republicans engage in urgent negotiations to produce a final bill by early next week. A number of tax provisions in the current package affecting real estate include: 

  • Temporarily increasing the threshold of deductible business interest under section 163(j) from 30% to 50% of EBITDA in 2019 and 2020.
  • Allowing a full 5-year carryback of net operating losses from 2018, 2019, and 2020 with no 80% income limitation.
  • A technical correction to the Tax Cuts and Jobs Act (TCJA) of 2017 cost recovery period for qualified improvement property.
  • A suspension of the new limitation on active losses of a pass-through business (section 461(l)) until 2021.
  • A technical correction to TCJA downward attribution of stock ownership rules.  

Other noteworthy tax provisions in the bill: 

  • Allows employers to defer payment of employer portion of Social Security tax (6.2%) in 2020, with the deferred amount payable in 2021 (50%) and 2022 (50%)
  • Provides recovery checks of up to $1,200 for individuals, $2,400 for married couples.  The rebates are increased by $500 for every child.  The rebates phase out for individuals with incomes above $75K and married couples above $150K.
  • Extends the filing date for income tax returns to July 15
  • Permits postponement of quarterly estimated tax payments due on April 15 and July 15 until October 15
  • Waives 10% early withdrawal penalty for retirement distributions up to $100K for coronavirus-related purposes. Provides favorable rules that spread out income recognition, allow for recontribution of withdrawals, and create additional flexibility for plan loans.
  • Allows non-itemizers to deduct up to $300 in charitable donations in 2020.
  • Suspends AGI limitation on charitable contributions by individuals and increases the AGI limitation on corporations to 25% in 2020.
  • Accelerates access to corporate AMT refundable credits.
  • Allows companies to recover overpayments of tax associated with TCJA one-time repatriation toll charge.

The full text of the CARES Act is available here and a lengthier summary is available here.  Additional Reference: Deloitte’s Tax News & Views March 20 summary.

Cancellation of Indebtedness (COD) Income 

The Real Estate Roundtable today asked Treasury Secretary Mnuchin and IRS Commissioner Charles Rettig to act quickly and use their broad authority to provide additional emergency tax relief that will help discourage permanent business closures, layoffs, and consumer bankruptcies.

Specifically, The Roundtable urges the Administration to waive cancellation of indebtedness (COD) income for all taxpayers for events generating COD income between March 1 and August 31, 2020.   (Roundtable COD letter, March 20)

  • Treasury has the authority to temporarily suspend COD income for one year under the statutory disaster relief tax provisions.  Waiving COD income will help facilitate private parties’ ability to engage in debt forgiveness, debt cancellation, and debt restructuring events that would not be necessary in ordinary times.
  • As the Roundtable letter explains, the action will free up much-needed financial resources that businesses can use to avoid force reductions and layoffs.  For families and individuals, waiving COD income will promote the mutual modification of obligations, including credit card debt, mortgages, student loans, and small business loans – helping them avoid bankruptcies and/or large, unwarranted tax bills.
  • The Roundtable also intends to work with Congress to ensure that it provides a permanent exemption of COD income that accrues during this extraordinary and unforeseeable public health and economic crisis.  
  • The Roundtable is also working with other real estate trade organizations to persuade Treasury to use its disaster relief authority to modify the deadlines applicable to like-kind exchange transactions.  The relief will avoid penalizing transactions delayed by the economic crisis.

As the repercussions of the corona pandemic continue to unfold, The Roundtable’s Tax Policy Advisory Committee (TPAC) continues to work on tax policies that benefit American workers, businesses and the overall economy. 

Policymakers Enact Second Coronavirus Response; Senate GOP Unveils Additional $1 Trillion-Plus Economic Package; Roundtable Urges Focused Policy Action

Posted on by Trey Jackson

Policymakers raced this week to complete a massive economic response to stem the spiraling public health and economic toll of the Coronavirus pandemic. As infection and death rates continued to grow, jobless claims soared, hotels and malls temporarily closed world-wide, and President Trump invoked rarely used emergency powers to fight what he called a “medical war.”  (NYTimes and BBC, March 19)

  • Roundtable President and CEO Jeffrey DeBoer said today, “While the world’s experts work around the clock to solve the health related issues related to the COVID-19 pandemic, Washington must take dramatically more bold policy actions then it has to date to prevent this health emergency from igniting an immediate liquidity crisis or much longer-term economic repercussions. We are actively helping develop a variety of policy responses.”
  • DeBoer added, “We are focused on helping employers maintain their payrolls, helping businesses access new or restructured debt , encouraging banking and other regulators to exercise discretion in loan examinations, seeking new credit facilities (like the Term Asset-Backed Securities Loan Facility (TALF) used during the 2008 crisis) to assist the CMBS market, and working with federal tax authorities to ease transaction deadlines, lower tax penalties in debt modification, broaden the ability to use operating losses and many other areas.  Our policy committees are hard at work and our team is coordinating with all the industry and many outside our industry.”
  • Three phases of public policy responses have been assembled to date as the medical community rushes to develop treatments for the virus. 

Phase 1, enacted on March 6, is a $8.3 billion packaged focused on public health measures to bolster vaccine development and research, increased equipment stockpiles, and support for state and local health responses to the virus.  (Roundtable Weekly, March 6).

Phase 2, signed into law by President Trump on March 18, is the $104 billion Families First Coronavirus Response Act (H.R. 6201), which includes paid leave provisions for employees, free COVID-19 testing, expansion of unemployment insurance, food assistance, and other provisions aimed at immediate relief for affected individuals. (Joint Committee on Taxation, March 16)

Phase 3, a $1 trillion-plus bill introduced yesterday by Senate Majority Leader Mitch McConnell (R-KY), will focus on (1) general economic stimulus, (2) small business and individual relief, (3) airline and travel industry concerns; and (4) health care matters.  

  • Security Act’’ (CARES Act) – which includes cash payments to individuals, an expanded SBA loan program and other small business lending facilities, tax relief, substantial aid to airlines, direct and substantial supplemental appropriations to address the pandemic. (CBS News, March 19)
  • Small Business Administration (SBA) loan provisions supported by a broad coalition of business groups, including The Roundtable, are included in the Keeping Workers Paid and Employed Act, which is “Division A” of the Senate GOP’s CARES Act.  (Coalition letter support letter, March 19) 
  • Sens. Marco Rubio (R-FL), Susan Collins (R-ME) and Lamar Alexander (R-TN) developed the $300 billion SBA relief plan to provide loans for businesses and non-profit organizations with up to 500 employees. A portion of the loans, to cover payroll and payments on pre-existing debt, would be forgiven until June 30.  (Section-by-section summary of  the legislation can be found here and a one-pager can be found here.)
  • After GOP Leaders released the legislative text of the Phase 3 bill, McConnell acknowledged the legislation was likely to change as the White House, Senate Democrats and House leaders weigh in.  “The legislation I’ve just laid out will not be the last word,” McConnell said, adding that he will keep the Senate in session until a Phase 3 coronavirus package passes the chamber.
  • McConnell, Senate Minority Leader Chuck Schumer (D-NY) and Treasury Secretary Mnuchin will lead negotiations starting today in an attempt to hash out a compromise plan by Monday – as applications for unemployment benefits intensify and may top 2 million, according to Goldman-Sachs.  (CBS News, March 20)
  • In a memorandum to House Democrats, Chairwoman Waters outlined her wide-ranging proposals, which would go farther than measures floated in the Senate. Her approach would include larger monthly payments to all Americans via the Federal Reserve, suspension of consumer debt and a new federal insurance backstop.
  • Her proposed plan also includes suspension of private-sector commercial rental payments, evictions and foreclosures – along with suspension of negative credit ratings during the pandemic.
  • At the White House, President Trump today invoked rarely used emergency powers under the 1950 Defense Production Act (DPA) to marshal private-sector production for medical supplies.  “I invoked the Defense Production Act, and last night we put it into gear,” Mr. Trump said today. “We are invoking it to use the power of the federal government to help the states get things they need like masks and ventilators.” (AP, March 18 and Wall Street Journal, March 20)
  • The DPA empowers the federal government to order private businesses and U.S. manufacturers to prioritize government contracts to produce “critical materials and goods” in return for purchase loans or guarantees.  (The Hill, March 20)

The Roundtable Urges Focused Policy Actions

The Real Estate Roundtable, along with 113 other organizations, wrote to the Administration and congressional leadership on March 18 to urge swift and unprecedented action to confront the fallout from COVID-19.

  • The coalition letter states that Washington’s response needs to minimize the number of businesses that could close and workers who may lose their jobs by ensuring all businesses have the resources necessary to ride out the pandemic. The coalition notes that a focused, massive response should:
    • Immediately provide readily accessible, unsecured credit to businesses of all sizes to ensure they have the cash to pay their workers, rent, and other costs during this crisis.
    • Suspend the filing of business returns and the payment of all business taxes to the federal government for the duration of the pandemic. These suspended taxes should include taxes owed for the 2019 Tax Year, estimated payments for 2020, and all payroll tax obligations.
    • Amend the Tax Code to, among other items, restore the ability of businesses to carryback any net operating losses against previous year tax payments; suspend the application of the Section 163(j) limitation on interest expense deductions for tax year 2020 to avoid penalizing businesses for borrowing during this crisis; and suspend the Section 461(l) loss limitation on pass-through businesses to allow the owners of pass-through businesses to fully deduct any losses they incur this year.
  • The Roundtable during the past few weeks of the crisis has also worked closely with its board of directors and 18 national real estate organization partners to develop specific policy recommendations that would help contain the repercussions of the pandemic, stabilize the economy and reinforce the industry.
  • The Roundtable’s policy advisory committees – tax, credit and capital, and homeland security – continue to hold frequent conference calls with industry specialists to analyze market developments and discuss government policy responses (e.g., H.R. 6201, House Financial Services Committee proposal)
  • Additionally, Real Estate Roundtable President and CEO Jeffrey DeBoer on March 9 notified all Roundtable members that the organization’s March 31 Spring Business Meeting was canceled “in light of health and safety issues surrounding COVID-19.” 

As policymakers intense efforts to mitigate the effects of the pandemic, The Roundtable will continue to communicate unified industry policy recommendations in the short-term crisis or addressing longer-term stimulus of the U.S. economy, infrastructure investment, workforce development and efforts to stabilize capital markets.

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POTUS Declares National Emergency to Combat Coronavirus; House of Representatives Readies COVID-19 Response Legislation that Puts “Families First”

Posted on by Trey Jackson

Trump Rose Garden Announces National Emergency

President Trump declared a national emergency this afternoon to unleash billions of disaster reserve funds to combat the coronavirus, as House Speaker Nancy Pelosi (D-CA) announced this evening that she “clinched a deal” with Treasury Secretary Steven Mnuchin on legislation to assist families and businesses immediately impacted by the pandemic.  (POLITICO, March 13)  

Emergency Declaration 

  • “To unleash the full power of the federal government today I am declaring a national emergency,” President Trump announced today in the Rose Garden.  “Through shared sacrifice and national determination we will overcome the virus,” he added.  Stocks rallied throughout the day today and shot-up after the announcement, regaining some of this week’s historic losses.  (CNBC, March 13)   
  • The declaration authorizes the Federal Emergency Management Agency (FEMA) to utilize over $42 billion available in the Disaster Relief Fund, to pump money into the economy for COVID-19 response.  States and cities can use the funds for emergency protective measures such as widespread coronavirus testing, diagnosis, treatment and stabilization.  The money can also be used to purchase durable medical equipment, set-up temporary treatment tents, deploy portable and mobile care facilities, store a 30-day supply or prescriptions for acute conditions, and disseminate public health information.
  • Senate Minority Leader Charles E. Schumer (D-NY) led other Senate Democrats in a March 11 letter urging President Trump invoke the Stafford Act to declare a national emergency.
  • Trump also announced a public-private partnership to mobilize COVID-19 testing.  “We want to make sure that people who need a test can get one safely, quickly, and conveniently,” he added.  The aim of the effort is to supply up to 1.4 million tests next week and five million in a month, with drive-through tests available in critical locations.
     
  • Google will aim to build an online screening website for COVID-19 testing.  Debbie Birx, the White House Coronavirus Response Coordinator, said during the news conference that website users will have to log in, fill out a screening and risk factor questionnaire, and then be directed to a “drive through” testing facility.  The goal is to provide test results within 36 hours.  (AP and Techcrunch, March 13)  
  • This is a “pro-active, leaning-forward, aggressive” response to stay ahead of the pandemic, said Dr. Anthony Fauci, the top infectious disease expert at the National Institutes of Health, at the Rose Garden event.  The emergency declaration removes constraints on government, public health experts, and medical professionals “to do everything they possibly can” to contain and mitigate the virus’s spread.  

Congressional Action

  • On Capitol Hill, the House of Representatives today is expected to pass the Families First Coronavirus Response Act (H.R. 6201),  following reports of agreement reached by House Speaker Nancy Pelosi (D-CA) and Treasury Secretary Steven Mnuchin.  (POLITICO, March 13)  
  • The Senate cancelled its planned recess next week to consider a relief package. “I am glad talks are ongoing between the Administration and Speaker Pelosi,” said Senate Majority Leader Mitch McConnell (R-KY).  “I hope Congress can pass bipartisan legislation to continue combating the coronavirus and keep our economy strong.”  (Roll Call, March 12)  As of this writing, Republicans are reportedly waiting for a “high sign” from President Trump for GOP support of the Families First Coronavirus Response Act.  (POLITICO Playbook PM, March 13)
  • Pelosi remarked that H.R. 6201 is “focused directly on providing support for American families.”  She added, “the three most important parts of this bill are testing, testing, testing.”  Specifically,  the Families First Coronavirus Response Act includes:  

    • required medical insurance coverage for COVID-19 testing for all Americans;
    • extension of unemployment insurance benefits;
    • expansion of paid leave for full-time and hourly employees affected by the virus, including those staying home to care for family members;    
    • shoring up SNAP and other programs that provide food security for school children, low-income families, and the elderly;       
    • additional funds for Medicaid; and 
    • a credit to reimburse companies for mandatory paid sick leave
  • Meanwhile, a framework suggested by Senate Democrats, and a plan of executive actions President Trump announced Wednesday in his oval office address, show that leadership of both parties want a quick economic response from Washington. (Brownstein Hyatt Farber Schreck, “Coronavirus Economic Update,” March 13)  
  • Lawmakers are focused on swift resolution of matters that have the highest chances of immediate bipartisan consensus.  To that end, Congress is unlikely to address the European travel ban on foreign nationals announced by President Trump on Wednesday, which takes effect tonight at midnight.  (New York Times, March 12).  Likewise, a payroll tax holiday opposed by Democrats (CNBC, March 11), and long-term paid sick leave unrelated to the virus and opposed by business groups (The Hill, March 12), are off-the-table.
     
  • Business groups most directly impacted by the COVID-19 fallout have recommended their own tailored measures of government response to assist their industries.  For example, the U.S. Travel Association, the American Hotel & Lodging Association, and the American Resort Development Association joined 150 travel-related organizations urging “calm, rational, and fact-based decisions” as policy makers and public health officials respond to COVID-19.  (March 10 Travel Industry Statement).
  • Also, the American Society of Association Executives (ASAE) urged Congress to consider targeted assistance for tax-exempt organizations and trade groups suffering from event cancellations and reduced meeting attendance as a result of the pandemic. (ASAE Letter, March 6)
  • Real Estate Roundtable President and CEO Jeffrey DeBoer notified all Roundtable members on March 9 that the organization’s March 31 Spring Business Meeting was canceled “in light of health and safety issues surrounding COVID-19.” 
  • The imminent economic relief package anticipated from the House today follows the $8.3 billion measure Congress sent to President Trump’s desk last week.  That legislation focused on public health measures to bolster vaccine development and research, increased equipment stockpiles, and support for state and local health responses to the virus.  (Roundtable Weekly, March 6).   

In the coming weeks, further policies from Congress and the Administration are expected to address longer-term stimulus of the U.S. economy through measures such as infrastructure investment, workforce development, increased lending for small businesses, and stabilizing the capital markets.  The Roundtable will continue to work with our colleague partner associations to unify the real estate industry’s message as policy makers develop and implement measures to mitigate the COVID-19 pandemic. 

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Fannie & Freddie Get Updated Duty-To-Serve Criteria for Manufactured, Affordable and Rural Housing

Posted on by Trey Jackson

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Strict criteria for how the Government Sponsored Entities (GSEs) Fannie Mae and Freddie Mac must facilitate a secondary mortgage market for very low-, low-, and moderate-income families in manufactured, affordable and rural housing were released on March 11 by the Federal Housing Finance Agency (FHFA). (Updated FHFA Guidance)

  • FHFA oversees the GSEs, which remain in government conservatorship since the financial crisis of 2008.  The Housing and Economic Recovery Act of 2008 established a duty for Fannie Mae and Freddie Mac (the Enterprises) to serve the three specified underserved markets.  (FHFA Duty-To-Serve Program)
  • Under the Duty-to-Serve regulation, each Enterprise must prepare a three-year plan showing how it will increase the liquidity of mortgage investments and improve the distribution of investment capital available for mortgage financing for the three markets.  The new evaluation criteria, which take effect 2021-2023 incorporate several changes:
    • Revised ratings framework – The revisions establish four ratings to describe Enterprise performance;
    • Higher expectations for impactful plans – The revisions require a minimum concept score of 30 for each objective, rather than the previous requirement that the concept scores of all objectives average a 30;
    • Increased threshold for determining compliance – The revisions increase the threshold for compliance scores; and
    • Technical changes – The updated Guidance also includes technical changes to reflect current practices that have streamlined processes and improved program administration.
  • The evaluation guidance sets forth the process and standards by which FHFA will evaluate, and report annually to Congress on the Enterprises’ performance and achievements under their plans.  The updated guidance will ensure that the Enterprises Duty-To-Serve programs have a measurable and significant impact in underserved communities.

Federal Housing Finance Agency Director Mark Calabria addressed his agency’s oversight of Fannie and Freddie – who own or guarantee $5.6 trillion in single and multifamily mortgages – during The Roundtable’s 2020 State of the Industry Meeting in January. (Roundtable Weekly, Jan. 31)

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Central Banks Around the World Move to Combat Economic Fallout of Coronavirus

Posted on by Trey Jackson

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Central banks around the world took dramatic action this week to mitigate the economic fallout of the coronavirus pandemic. 

  • The Federal Reserve Bank of New York announced a bold move yesterday to pump a series of cash injections totaling more than $1.5 trillion of temporary market liquidity into markets and begin buying longer-term bonds.  
  • This week’s actions are designed to mitigate investor fears as the Dow Jones industrial average plummeted more than 2,300 points yesterday – a 10 percent drop that is the worst one-day decline since the 1987 crash.  (Wall Street Journal and Federal Reserve Bank of New York, March 12)
  • “These changes are being made to address highly unusual disruptions in Treasury financing markets associated with the coronavirus outbreak,” the New York Fed said in its March 12 announcement.  The short-term funding move was directed by Fed Chairman Jerome Powell, in consultation with the rate-setting Federal Open Market Committee. (Los Angeles Times, March 12)
  • The Fed’s substantial intervention opens the door to a resumption of bond-buying stimulus known as quantitative easing used during the financial crisis of 2008.
  • U.S. central bankers meet are scheduled to meet next week in Washington, when they could move to slash rates again after implementing an emergency half-percentage-point cut last week.
  • Economists widely expect another quarter-point rate cut at the Fed’s March 18 meeting, if not more, from the current range of 1% to 1.25% (Roundtable Weekly, March 6 and BGov, March 12)

European Central Bank and Individual Nations Respond

After the US Federal Reserve and Bank of England announced aggressive rate cuts in recent days to stimulate their respective economies, the European Central Bank (ECB) left its key interest rate unchanged at minus 0.5%. 

  • Instead, ECB President Christine Lagarde said the central bank would move forward with its $2.9 trillion (2.6 trillion euro) bond purchase program, while making bank loans available at rates as low as minus 0.75%.  (ECB press release, March 12)
  • In her March 12 statement, Lagarde noted the ECU will “add a temporary envelope of additional net asset purchases of 120 billion euros ($135.28 billion) until the end of the year, ensuring a strong contribution from the private sector purchase programmes.”  She also stated, “We welcome the commitment of the euro area governments and the European Institutions to act now, strongly, and together in response to the repercussions of the further spread of the coronavirus.” (Video of ECU press conference, March 12)
  • After Lagarde’s announcement, the spread between German and Italian government bonds increased to more than 2.5 percent as Italy battles a widespread outbreak.
  • Today, the ECB’s chief economist Phillip Lane sought to further reassure European markets.  In a blog post, Lane wrote, “We clearly stand ready to do more and adjust all of our instruments, if needed to ensure that the elevated spreads that we see in response to the acceleration of the spreading of the coronavirus do not undermine transmission [of monetary policy].”
  • British regulators temporarily banned short selling on Italian and Spanish after regulators in Italy and Spain did the same to stem the market slide.  (Financial Conduct Authority  and Reuters, March 13)
  • Germany’s state development bank KfW announced today it will provide a massive expansion of loans to companies in need and defer billions of euros in tax payments.  Olaf Scholz, the German finance minister, told reporters in Berlin, “This is the bazooka, and we will use it to do whatever it takes.”  He added there was “no upper limit on the amount of loans KfW can issue.” (rfi and Financial Times, March 13)
  • German Chancellor Angela Merkel stated yesterday, “We are in a situation that is unusual in every respect and I would say more unusual than at the time of the banking crisis because we are dealing with a health problem, a health challenge for which scientists and medicine does not yet have an answer,” Merkel said. (Reuters, March 12)
  • Central banks in Australia, Japan, South Korea, Indonesia, Norway and Sweden also announced stimulus measures today to relieve the strain on their banking systems. 
  • In China, The People’s Bank on Friday said it will release nearly $80 billion in liquidity into its financial system to assist loans to small businesses and low-wage individuals as the country continues to contend with the coronavirus.  (Wall Street Journal, March 13)
  • The US Federal Reserve’s first emergency move on March 3 to contain the coronavirus economic fallout was to cut interest rates half a point. The move came shortly finance ministers and central bankers from the Group of 7, which includes Britain, Canada, France, Germany, Italy and Japan, held a conference call.

On March 5, Federal Reserve Bank of New York President John C. Williams confirmed that the international community of central bankers are working together to stem the economic shock of the coronavirus. “… policy actions by central banks are clear indications of the close alignment at the international level,” Mr. Williams said.  (NYTimes, March 5)

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Senate Committee Considering Comprehensive Energy Bill that Includes Roundtable-Supported Measures

Posted on by Trey Jackson

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A bipartisan, omnibus energy bill with provisions supported by The Real Estate Roundtable was prepared for debate in the Senate this week, as Republicans and Democrats negotiate a package of amendments that may be added to the base bill.  

  • The American Energy Innovation Act (S. 2657) – introduced on Feb. 27 by Senate Energy and Natural Resources Committee Chairman Lisa Murkowski (R-AK) and Ranking Member Joe Manchin (D-WV) [ above ] – is a compilation of more than 50 energy-related measures considered and individually reported last year.  (Bill Summary and text)
     
  • The AEIA focuses on energy efficiency, renewable energy, energy storage, carbon capture, grid modernization, and workforce development to build energy-related infrastructure.
     
  • The bill includes language supported by The Roundtable to improve the Commercial Building Energy Consumption Survey (CBECS) process. 
    • AEIA Section 1001 would require Congress to oversee coordination by federal agencies to gather and report higher quality CBECS data – the only nationwide government survey that estimates the number, location, age, energy consumption and other characteristics of the U.S. commercial real estate stock.
    • Significantly, CBECS data provides the underpinning for EPA’s ENERGY STAR scores – a key real estate performance “label” relied upon by building owners, investors, and tenants.
  • The Senate’s AEIA bill includes other sections of interest to real estate, including authorizations for:  
    • a “Federal Smart Building Program” to implement and demonstrate smart building technologies across the federal real estate stock; 
    • a nationwide survey of “Private Sector Smart Buildings” for study and evaluation by the U. S. Energy Secretary; 
    • codification of the U.S. Energy Department’s “Better Buildings Challenge” – a program that has attracted Roundtable members’ participation; and
    • a “CHP Technical Assistance Partnership” to provide project-specific engineering and economic assessments for combined heat and power systems.

     

  • Thus far, Senators have filed over 185 amendments for consideration as additions to the underlying bill.  Among them is one offered by Senators Rob Portman (R-OH) and Jeanne Shaheen (D-NH) to drive greater transparency and consideration of building owner costs in the process to develop model building energy codes.  (Roundtable Weekly, July 19, 2019).   The Roundtable has long-supported the Portman-Shaheen energy codes provisions, which Portman addressed this week on the Senate floor. 
  • ENR Chairman Murkowski said this week she was working on a “managers’ package” of certain, less controversial measures to be voted on in a block.  “I want to have a managers’ package, but it is entirely possible — we’ve seen it before — that that opportunity is spoiled,” she said.  (CQ, March 4) 

If Republicans and Democrats can agree upon the AEIA amendments eligible for a vote, the Senate will be poised to pass its first major piece of energy legislation in over 12 years, according to Murkowski’s press release.  The measure would then move to the House of Representatives, where the Democratic majority might append provisions that more aggressively address climate change.  (Roundtable Weekly, Feb. 7, 2020) 

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House of Representatives Passes Affordable Housing Bill to Reduce Zoning Barriers with No Opposition

Posted on by Trey Jackson

The United States House of Representatives on Monday passed the bipartisan Yes in My Backyard (YIMBY) Act (H.R. 4351) on a voice vote, following last week’s unanimous approval by the House Financial Services Committee.  (Roundtable Weekly, Feb. 28, 2020)

  • Sponsored by Reps. Denny Heck (D-WA) and Trey Hollingsworth (R-IN), the YIMBY Act avoids a mandate from Congress to compel cities and towns to enact certain land use laws.  Municipalities that receive HUD’s Community Development Block Grants (CDBG) would be discouraged from limiting housing supplies through reporting on and disclosing their land use and zoning policies that inhibit high density land uses. 
  • The YIMBY Act would direct a community receiving federal CDBG money to consider, track, and report on implementation of over 20 pro-housing strategies, such as:
    • Enacting high-density zoning, and expanding by-right multifamily zoned areas;
    • Allowing manufactured homes and accessory dwelling units on single-family lots;
    • Reducing minimum lot sizes;
    • Increasing allowable floor area ratios for multifamily projects;
    • Providing property tax abatements to existing home owners to garner support for high development densities in their communities; and
    • Ensuring that impact fees paid by developers accurately reflect infrastructure needs generated by new units.
  • “Sunlight is the best disinfectant and we need to identify and reduce barriers to housing construction at the local level,” Heck said following the House vote. “I am proud that Congress is taking a critical first step towards bringing relief to cost-burdened renters and homeowners across America.”  (Heck press release, March 2.)
  • “We want more affordable homes for American families,” Hollinsgworth said on Monday.  The YIMBY Act’s unanimous approval “signals strong support across the aisle to reform our nation’s housing regulations at all levels of government.” (Hollingsworth Press Release, March 2)
  • The Roundtable joined Feb. 24 and March 2 coalition letters signed by real estate, “smart growth” and subsidized housing advocates, in a show of wide stakeholder support for the YIMBY Act.
  • The Roundtable also urged support for the YIMBY Act in comments filed with HUD in January.  (Roundtable Weekly, Jan. 17, 2020). Companion legislation is pending in the Senate (S. 1919), sponsored by Todd Young (R-IN) and Brian Schatz (D-HI).  The bill also reflects the goals of President Trump’s Executive Order for “Eliminating Regulatory Barriers to Affordable Housing.” (Roundtable Weekly, June 28, 2019)
  • Speaking at the 2020 Pension Real Estate Association Spring Conference this week Roundtable President and CEO Jeffrey D. DeBoer, said: “The Roundtable has long recognized that safe, decent, and affordable housing is essential to the well-being of America’s families, communities and businesses. The YIMBY Act is a positive first step in eliminating discriminatory land use polices and removing barriers that prevent much needed affordable housing from being built throughout the country.”

The Roundtable and coalition partners will continue to urge lawmakers to make progress on the YIMBY Act in the Senate and similar legislation that eases burdensome rules that inhibit affordable housing development.

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Treasury Secretary Mnuchin Addresses FIRPTA Reform at House Ways and Means Hearing

Posted on by Trey Jackson

 

Testifying before the House Ways and Means Committee on the President’s FY 2021 budget, Treasury Secretary Steven Mnuchin was questioned this week on the Foreign Investment in Real Property Tax Act (FIRPTA) and addressed potential steps he could take to encourage greater real estate investment from abroad.  (Watch 2:35 video of March 3 exchange with Mnuchin)

  • During the hearing’s Q&A with Secretary Mnuchin, committee member Kenny Marchant (R-TX) noted a recent letter that he and other GOP taxwriters sent to the Treasury Department urging a reevaluation of FIRPTA and related IRS guidance (Notice 2007-55).  
  • The congressional letter, led by Ways and Means Republican Devin Nunes (R-CA), encourages Treasury to withdraw section two of the IRS Notice, which effectively imposes U.S. capital gains tax on the liquidating distributions of domestically controlled real estate investment trusts (REITs).   Often, when a foreign investor is a minority partner in a U.S. real estate or infrastructure investment, the joint venture employs a domestically controlled REIT structure.
  • The 16 signatories of the February 20 letter wrote, “repealing the IRS Notice will restore the intent of Congress with respect to the tax law governing liquidations, provide parity to investors, and increase direct foreign investment in U.S. commercial real estate and infrastructure in every corner of the nation.”
  • During the hearing, Rep. Marchant called attention to the letter – and noted the IRS guidance applies FIRPTA to previously untaxed transactions involving domestically controlled REITs.  
  • Mnuchin responded that the Feb. 20 letter prompted a briefing at Treasury this week – and that he shares the concerns the letter  raises about FIRPTA.  “[I]t makes no sense that we discriminate against foreign investors,” Mnuchin said.  “But in my mind, anything we can do legally to encourage those investments we will do.  So thank you for the letter.  We are reviewing it.  It is at the top of my list,” he added. (Watch 2:35 video of Marchant and Mnuchin)
  • During another Ways and Means tax hearing last month, Rep. Marchant said, “FIRPTA is an outdated, discriminatory law.  It applies to no asset class other than real estate and infrastructure … Economic studies indicate repealing FIRPTA could drive $65 to $125 billion in new investment.”  (Watch video of Feb. 11 FIRPTA exchange).  Rep. Marchant is lead sponsor of the bipartisan Invest in America Act (H.R. 2210), a bill that would repeal the entire FIRPTA law. 
  • A similar letter was sent on December 18, 2019 to Secretary Mnuchin by a bipartisan group of 11 Senate Finance Committee Members led by Sen. Robert Menendez (D-NJ) – a longtime lead sponsor of FIRPTA repeal bills.  Another bipartisan letter to Secretary Mnuchin urging repeal of the IRS Notice was signed by 32 Representatives of the House Ways and Means shortly before introduction of the Tax Cuts and Jobs Act of 2017 (TCJA). (Roundtable Weekly, Dec. 20, 2019)

Members of the Roundtable’s Tax Policy Advisory Committee (TPAC) have met with Treasury officials on multiple occasions to discuss the harm caused by IRS Notice 2007-55.  Leading industry experts also convened on Oct. 30 at the National Press Club in Washington for an in-depth discussion the economic damage incurred by the IRS Notice.  An industry coalition is scheduled to meet with officials in Treasury’s Office of Tax Policy next week to discuss the issue.

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Emergency Coronavirus Response Package Enacted, Fed Attempts to Blunt Economic Impact with Interest Rate Cut

Posted on by Trey Jackson

Trump signs Coronavirus bill x475

This week congressional policymakers overwhelmingly passed, and President Trump signed, an $8.3 billion emergency spending package to combat the coronavirus outbreak in the U.S. – after the Fed reduced interest rates by a half-point amid early signs of economic disruption.

  • The president signed the emergency funding bill Friday morning. “We’ve signed the 8.3 billion,” Trump said. “I asked for two and a half and I got 8.3 and I’ll take it.”   (The Hill, March 6)  Photo above:  President Trump, with Secretary of Health and Human Services Alex Azar, signs the coronavirus bill into law.
  • The package – H.R. 6074 (116) – will bolster vaccine development and research, increase equipment stockpiles, and support state and local health responses to a virus that has sickened more than 160 people in more than a dozen states.  (NY Times U.S. coronavirus map and Center for Disease Control and Prevention updates)
  • As questions remain about the severity and spread of the illness, the stock market continued to experience historic gyrations this week, with falling yields exerting wide-ranging effects on borrowing costs and bank profitability. (Wall Street Journal, March 5)
  • In an effort to contain the coronavirus’s economic fallout, Fed Chairman Jay Powell announced on March 3 a cut in the federal funds rate cut to a range of 1 to 1 ¼ percent – the largest emergency cut to interest rates since the 2008 financial crisis.  The Fed’s Open Market Committee is scheduled to meet again on March 17-18 to issue updated economic forecasts and any further change to the current federal funds rate.
  • Powell said, “The virus and the measures that are being taken to contain it will surely weigh on economic activity both here and abroad for some time.”  He added, “We are beginning to see the effects on the tourism and travel industries, and we are hearing concerns from industries that rely on global supply chains.”  He added, “We don’t think we have all the answers, but we do believe that our action will provide a meaningful boost to the economy.”  (Powell’s press conference transcript). 
  • The Federal Reserve’s latest nationwide survey of business conditions shows that that half of the central bank’s districts — Philadelphia, Cleveland, Richmond, Chicago, Dallas and San Francisco — were reporting impacts from the coronavirus in tourism and manufacturing chains.  (The Fed’s Beige Book, March 4)
  • The U.S. Travel Association (USTA) on Tuesday issued a report that supports the Fed’s findings.  USTA predicts a 6 percent plunge over the next three months in international inbound travel to the United States, which could result in a loss of two to three billion dollars – the largest dip in global visitation since the financial crisis. About 79.3 million international visitors came to the U.S. last year.  (USTA Travel Trends Index, March 3)
  • [The Real Estate Roundtable is part of the Visit U.S. Coalition, led by the U.S. Travel Association (USTA) and the American Hotel and Lodging Association.]
  • The potential impact of coronavirus on the economy and commercial real estate was part of a recent discussion between Real Estate Roundtable President and CEO Jeffrey DeBoer and Brookfield Property Partners Chairman Ric Clarke at Colorado University’s Annual Real Estate Forum (see photos here). DeBoer was also interviewed partly about the coronavirus outlook by Rosen Consulting Group’s Chairman Ken Rosen during the Pension Real Estate Association’s Spring conference this week.
  • Coronavirus-related updates and resources are available to the commercial real estate industry through the RE-ISAC’s #COVID Section, which includes:
  • Coronavirus Disease 2019 (COVID-19) Situation Summary, last update March 3.
  • Novel Coronavirus (2019-nCoV) in the U.S., March 5 update.

The potential impact of coronavirus on the health of global markets and the U.S. economy; commercial real estate sectors and the industry’s response; and how it may affect the routines of millions in American society, will be a focus during The Roundtable’s March 31 Spring Meeting in Washington, DC.

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Global Stock Markets Plunge Over Coronavirus Threat; U.S. Policymakers and CRE Industry Prepare for Potential Disruption

Posted on by Trey Jackson

Deepening concerns over the international spread of the coronavirus (COVID-19) have prompted U.S. policymakers to consider measures for combating the potential public health and economic repercussions of the global disease, as the commercial real estate industry braces for potential disruption.

Dramatic drops in international stock markets this week reflected investor anxiety over the potential global economic impact of a virus that has, so far, infected more than 83,000 people in at least 56 countries and killed more than 2,800 – with no vaccine yet in sight.  (New York Times and Axios for coronavirus daily updates)

Today, the World Health Organization raised its risk level of the global coronavirus to “very high” – the most serious assessment in its four-stage alert system. “This is a reality check for every government on the planet. Wake up. Get ready. This virus may be on its way,” said Dr. Michael J. Ryan, deputy director of W.H.O.’s health emergency program.  (The Hill, Feb. 28)

Dr. Nancy Messonnier – director of the National Center for Immunization and Respiratory Diseases of the Centers for Disease Control and Prevention (CDC) – on Feb. 25 told reporters, “We really want to prepare the American public for the possibility that their lives will be disrupted.”  She added, “Ultimately we expect we will see community spread in the United States. It’s not a question of if this will happen, but when this will happen, and how many people in this country will have severe illnesses.”   (CDC Coronavirus Resources)

There are now 62 confirmed cases of novel coronavirus in the United States, Messonnier stated during a press briefing today.   The limited guidance that has been distributed to date has primarily been directed at health care professionals, not specific industries.

Trump administration health officials on Tuesday told Senators during a closed-door briefing that a vaccine, although being rushed into clinical trials, could take more than a year before one would be widely available to the public.  (Washington Post, Feb. 25)

The Trump Administration initially requested $2.5 billion to combat the spread of the virus.  Congressional appropriators are working this weekend on an emergency coronavirus spending package of $6 billion to $8 billion and intend to take action on the House floor next week. House Speaker Nancy Pelosi said bipartisan discussions on a final figure are getting “close.”  (PolticoPro, Feb. 28)

Federal Reserve Board Chairman Jay Powell issued a statement today to ease investor concerns.  “The fundamentals of the U.S. economy remain strong. However, the coronavirus poses evolving risks to economic activity. The Federal Reserve is closely monitoring developments and their implications for the economic outlook. We will use our tools and act as appropriate to support the economy,” Powell stated.  (The Fed, Feb. 28)

Just earlier in the week, Fed officials said it was too soon to ascertain the potential adverse effect of the coronavirus on the U.S. economy.  Fed regional presidents said they are carefully monitoring the progression of the virus and how disruptions in global supply chains may affect the U.S. before considering a decrease in interest-rates.  (Wall Street Journal, Feb. 25)

As stocks are on track for the biggest weekly losses since the 2008 financial crisis, investors have reassessed the chances that the Federal Reserve will lower interest rates to as soon as March  (Wall Street Journal, Feb. 27)

CRE Industry Concerns

Roundtable President and CEO Jeffrey DeBoer said, “Owners and managers of all types of buildings are taking actions to better understand the potential contagion and how to best help building occupants, visitors and employees prevent further spread of the coronavirus. This viral threat to lives, businesses and economies is a top concern for our industry and we stand ready to assist public health officials as they recommend.”

The Roundtable’s Homeland Security Task Force (HSTF) and the Real Estate Information Sharing and Analysis Center (RE-ISAC) are in close contact with the Department of Health and Human Services (HHS) and the Centers for Disease Control and Prevention (CDC) to provide useful information to the real estate industry on the coronavirus threat as it continues to evolve. 

The Roundtable’s HSTF & the RE-ISAC will also host a conference call on Monday, March 2 with CDC’s Deputy Director for Infectious Diseases, Dr. Jay Butler.  

Coronavirus-related updates and resources are available to the commercial real estate industry through the RE-ISAC’s #COVID Section, which includes these recent reports:

  • Coronavirus Disease 2019 (COVID-19) Situation Summary, last update 25 Feb.
  • 2019 Novel Coronavirus (2019-nCoV) in the U.S., 26 Feb update (update will be provided later today and in tomorrow’s Daily Report).

Other resources include:

  • The Centers for Disease Control and Prevention (CDC) web page includes an interim guidance based on what is currently known about the Coronavirus Disease 2019 (COVID-19). The interim guidance may help prevent workplace exposures to acute respiratory illnesses, including nCoV, in non-healthcare settings. The guidance also provides planning considerations if there are more widespread, community outbreaks of COVID-19.

The Roundtable’s next membership meeting is currently scheduled for March 31 in Washington, DC (Roundtable-level members only).