§ 857(c)(2)(A)

only designated portion counted as qualified dividend income

UNDECIDED

0 of 3 settled

  1. 1

    § 857(c)(2)(A)

    ALL OF

    In any case in which—

    “a dividend is received from a real estate investment trust (other than a capital gain dividend), and” § 857(c)(2)(A)(i)
    “such trust meets the requirements of section 856(a) for the taxable year during which it paid such dividend,” § 857(c)(2)(A)(ii) needs Step 2 a real estate investment trust UNDECIDED

    then, in computing qualified dividend income, there shall be taken into account only that portion of such dividend designated by the real estate investment trust.

  2. 2

    § 856(a)

    a real estate investment trust

    ALL OF

    For purposes of this title, the term “real estate investment trust” means a corporation, trust, or association—

    “a corporation, trust, or association—” Opening words
    “which is managed by one or more trustees or directors;” § 856(a)(1)
    “the beneficial ownership of which is evidenced by transferable shares, or by transferable certificates of beneficial interest;” § 856(a)(2)

    Cases: San Francisco Real Estate Investors v. Real Estate Investment Trust of America, 701 F.2d 1000 (1st Cir. 1983)

    “which (but for the provisions of this part) would be taxable as a domestic corporation;” § 856(a)(3)
    “which is neither (A) a financial institution referred to in section 582(c)(2), nor (B) an insurance company to which subchapter L applies;” § 856(a)(4) unless Step 3 Is a (c)(2) financial institution UNDECIDED
    “the beneficial ownership of which is held by 100 or more persons;” § 856(a)(5)
    “subject to the provisions of subsection (k), which is not closely held (as determined under subsection (h)); and” § 856(a)(6)
    “which meets the requirements of subsection (c).” § 856(a)(7)
  3. 3

    § 582(c)(2)

    Is a (c)(2) financial institution

    ANY OF
    “any bank (and any corporation which would be a bank except for the fact it is a foreign corporation)”
    “any financial institution referred to in section 591”
    “any small business investment company operating under the Small Business Investment Act of 1958”
    “any business development corporation”