By Will Parker
The Biden administration's plan to limit a longstanding
property-tax break could disrupt the business of investing in
apartment buildings, discouraging both amateur and professional
investors who helped fuel record multifamily sales.
The tax treatment enables investors to defer capital-gains taxes
if they invest profits from a real-estate sale into another
property. It is used to buy and sell most types of real estate, but
it has been a primary source of capital for apartment-building
investors. Multifamily sales enjoyed their biggest year ever in
2019, notching more than $184 billion of properties sold.
Karlin Conklin, principal of Investors Management Group, a
company that purchases and renovates aging apartment complexes,
said about one-third of the capital that her firm raises for
acquisitions comes from these like-kind transactions, known as 1031
exchanges. Owing capital-gains taxes could mean less investment in
existing affordable housing, she said.
"I think that the industry concern is that this will very much
hamper transactions, and it will also then hamper reinvestment in
improvements in local economies," Ms. Conklin said.
President Biden proposed limiting the profits that investors can
defer from 1031 exchanges to $500,000. U.S. investors save billions
on their tax bills this way every year.
The tax deferment was created a century ago to allow investors
to swap properties without being taxed as if they had pocketed cash
profits. But proponents of Mr. Biden's plan say there is little
reason now for real estate's privileged status in the tax code.
"Why would you treat an investment in a building differently
than an investment in a stock or bond?" said Chuck Marr, senior
director of federal tax policy at the left-leaning think tank the
Center on Budget and Policy Priorities.
In addition to capping like-kind exchanges, Mr. Biden's plan
would raise the top capital-gains tax rate to 43.4% from 23.8%.
The Biden proposal has yet to become part of a bill and passed
by Congress. But property investors already view it as the latest
threat to their business after the pandemic undercut many of the
biggest real-estate categories. Widespread work-from-home policies
have reduced office demand while travel restrictions have hurt
hotel owners.
Now, commercial real-estate professionals say the proposed tax
limit would cap large transactions and be a disincentive to
real-estate investment. It could also reduce economic activity that
is typically generated by the real-estate sector, such as
employment in the construction trades hired to renovate properties,
they say.
"If properties don't flip, it's going to impact other industries
as well, " said Marc Wieder, co-leader of the real-estate group at
the Anchin accounting firm.
Apartment buildings have been popular investments with groups of
doctors, lawyers, and small-business owners who pool their funds to
acquire multifamily buildings. These holdings usually provided
steady income and sometimes qualified for a 1031 exchange.
But during the pandemic, many owners found the rent payments
were less than reliable. Now, the Biden plan is trying to do away
with the favorable tax treatment. The twin blows mean this
long-popular property investment could fall out of favor with the
professional class.
Melinda Fields, a Realtor from Newburyport, Mass., has used a
like-kind exchange to buy a Florida investment condominium. She
plans to move up to bigger investments, such as multifamily
buildings, but the proposed law would discourage her from making
new investments. "I would probably just keep what I have," she
said.
If the tax proposal becomes law, some industry executives said,
investors will have other options. Property owners would likely
refinance their existing holdings instead of selling them, said
Todd Pajonas, president of Legal 1031 Exchange Services Inc., a
company that brokers exchanges.
Investors could then use the extra cash from refinancing to
invest in more real estate, albeit in much smaller amounts than if
they had been able to sell an entire property untaxed, he said.
What's more, the proposed $500,000 cap would still allow many
small investors to use the tax break. Ariel Leon, a lieutenant in
Stratford, Conn.'s police force, has also been a small-time
landlord. Last year, looking to seize on the hot residential
market, he sold his two rental houses.
After the sale, he normally would have owed a capital-gains tax
of about $100,000, he said, but he did a like-kind exchange
instead, investing his money tax-free into a Family Dollar store in
Minnesota. That deal would still be allowed under the proposed new
limit.
Write to Will Parker at will.parker@wsj.com
(END) Dow Jones Newswires
May 11, 2021 08:14 ET (12:14 GMT)
Copyright (c) 2021 Dow Jones & Company, Inc.