Honolulu Star-Advertiser

Friday, July 26, 2024 86° Today's Paper


Real estate tax deduction costs state $36 million, report finds

Two years ago the state Legislature wanted to know the value of a Hawaii tax deduction that benefits one group of real estate investors. Now they know, and it’s way higher than they previously estimated.

A new state report estimates that real estate investment trusts, or REITs, saved $36 million on Hawaii corporate income taxes in 2014 — not $16 million as estimated in a preliminary report sent to the Legislature last December.

Both reports were produced by the state Department of Business, Economic Development and Tourism in response to a 2014 directive from lawmakers considering whether Hawaii should eliminate a tax deduction for REITs to boost income for the state.

Earlier this year three bills that proposed eliminating the tax deduction were introduced at the Legislature, but none got hearings.

The new data could encourage lawmakers to revisit the issue next year, though the updated report also casts doubt on whether the state would actually capture additional income by eliminating the deduction because affected companies might shift tax strategies.

About 40 REITs operate in Hawaii. They are mainly mainland companies that own prime retail, hotel, office and other commercial real estate.

REITs were established in 1960 by Congress as a way for small investors to own stakes in big income-producing properties. These stakes are often held through stocks in mutual funds.

Hawaii isn’t unique in its REIT tax deduction, which is called the “dividends paid” deduction and applies to income that REITs must pass to shareholders and can’t keep for their own corporate use. This deduction mirrors the tax treatment at the federal level along with every state except New Hampshire.

Shareholders shoulder this income tax burden for REITs because REITs by law must distribute at least 90 percent of their income to shareholders. There are also other restrictions on REITs, which is why all big real estate investment companies aren’t REITs.

Some local real estate industry executives contend that Hawaii is unduly harmed by the tax deduction because a vast majority of investors in REITs with property in Hawaii live on the mainland and therefore pay income taxes to other states when the income is derived from Hawaii property.

The National Association of Real Estate Investment Trusts has argued that it’s not fair to tax REITs on income they can’t retain, and noted that the state collects lots of taxes derived from mainland real estate through Hawaii residents who own stakes in REITs.

DBEDT’s report said 2,254 to 13,523 Hawaii households, or 0.5 to 3 percent of taxpayers, invest in REITs that have property in Hawaii, while 5,860 to 44,175 Hawaii households receive income from REITs with real estate outside of Hawaii.

REITs with Hawaii property include CNL Lifestyle Properties Inc. (Wet ’n’ Wild Hawaii), Taubman Centers (International Market Place), Forest City Realty Trust (Kapolei Lofts), Glimcher Realty Trust (Pearlridge Center) and General Growth Properties Inc. (Ala Moana Center, Whalers Village and Prince Kuhio Plaza). Others own hotels, public storage facilities, medical centers, office buildings, a college dormitory and mortgages.

Though DBEDT counted 42 REITs operating in Hawaii, the agency used a smaller number, 33, to estimate tax impacts with assistance from the state Department of Taxation.

In 2014 the 33 REITs had about $25 billion in U.S. income, of which about $720 million was net income attributed to Hawaii. If these REITs had to pay Hawaii corporate income taxes, the bill would be $36 million.

In DBEDT’s preliminary report last year, it figured $16 million was the Hawaii tax impact of the deduction.

Estimates for the impact of the tax deduction from 2009 to 2013 either stayed the same or were a little lower in both reports, and ranged from $300,000 in 2009 to $10 million in 2013.

Paul Brewbaker, a local economist who produced a 41-page economic impact study on the tax issue for the REIT industry last year, said DBEDT’s dramatic revision for the tax impact in 2014 is suspect.

“The numbers are implausible,” he said, adding that DBEDT used crude methodology to arrive at its estimates.

DBEDT said it was able to make a better estimate by using Tax Department data from Hawaii tax filings in 2014 that weren’t available for the preliminary report. DBEDT said the big increase in 2014 REIT income attributed to Hawaii was due to capital gains.

Brewbaker said the only ones to benefit from eliminating the tax deduction will be traditional real estate companies that won’t have to compete with REITs if REITs stop investing in Hawaii property.

In his report, Brewbaker said eliminating the deduction would encourage REITs to sell their Hawaii real estate and that likely buyers would be tax-exempt institutions such as pension plans, foundations and university endowments that, overall, would generate even less in Hawaii tax revenue.

DBEDT did caution in its report that capturing more tax revenue might not happen if the dividends-paid deduction is repealed. That’s because the state Tax Department expects REITs might adopt new tax strategies in the absence of the deduction.

“The Department of Taxation believes that if Hawaii eliminates the dividends paid deduction, taxpayers may respond in ways that reduce substantially any latent tax liability, such as by claiming other deductions that are presently not reported on their income tax returns,” the report said.

The report also surveyed REITs along with real estate companies that aren’t REITs to gauge how REITs might react to Hawaii eliminating the tax deduction. REITs predicted that real estate investment in the state would decline 11 to 30 percent within five years. Other real estate companies predicted there would be no change in the same time frame.

15 responses to “Real estate tax deduction costs state $36 million, report finds”

  1. manakuke says:

    Complications from REIT sales. Two + Two does not = 8.

  2. Wazdat says:

    Sounds fair. NOT, what a joke can this rule/law be changed in our state ?

  3. Tempmanoa says:

    There are some laughable comments here by those opposing elimination of this loophole. One is that REIT’s would turn to other tax loopholes to reduce their taxes– you mean to tell me that there are loopholes they do not take advantage of already (maybe we should close these also)? Two is that the income tax will cause REIT’s to leave this market– there are many REITs in the market and this market is very profitable for them and as long as several competing REITs face this same tax issue, they will stay and compete here for income and capital gains. Three, is that REIT’s and their shareholders will be able to take advantage of deductions or expensing for taxes they pay in Hawaii which will cut the impact of paying income tax in Hawaii. Four is that if REITs were to leave, they would be replaced by tax exempt institutions– this is not a fact, there are many taxable entities that invest in Hawaii and many in and outside Hawaii would compete for the REIT properties in Hawaii if they were put up for sale. Since Tax exempt insitutions do not pay income tax anywhere they locate, they will not be motivated to pay more than other investors and thus will not outbid taxable investors. Institutions have already outbid REITs for properites in Hawaii.

  4. localguy says:

    Once again our clueless state bureaucrats are whining about possible lost tax revenue. Uhhhhh hello, you are already skimming 10% of the GET for rail, money the state never planned on before rail.

    Fact is no matter how much money the state takes in it is never enough. Bureaucrats waste it on pet projects, give it away in undeserved pay raises, bonus payments, retirement increases to greedy state workers, on and on.

    State needs to live beneath its means with the income it does receive. Problem is wasteful state bureaucrats are too busy funding useless pet projects, kow towing to the unions and special interest groups.

    Just another day in the little 10th world of Hawaii Nei.

  5. soundofreason says:

    “Real estate tax deduction costs state $36 million, report finds”>>> Wow. What a mindset. The idea is to NOT be taxed for EVERY excuse under the sun. I could go in and DOUBLE this amount through the elimination of WASTE.

  6. Tempmanoa says:

    A lot of you guys do not understand business. If you are a tenant in a REIT property it is not good to have your landlord get a big tax break and not pass it on to you. Or if you are a landlord of a shopping center, how do you compete against an REIT that pays Zero income tax? Or worse yet, if the REIT is not paying their tax who pays it for them? Answer– us the taxpayers. Ala Moana is a great shopping center they do not need to have the beneift of a big tax break at the expense of local businesses and non REIT businesses from the mainland and local taxpayers.

    • soundofreason says:

      Need to stop trying to JUSTIFY taxes altogether.

    • eastside808 says:

      You should have written the article because there may be good business reasons why the tax deduction should not be allowed for REITs. This article seems to suggest that we the public are missing out on possible revenues to offset current and future budget items rather than leveling the playing field for those businesses that do not have the luxury of a tax exempt status. The State should make better and more efficient use of the monies they already receive from us tax payers. Audit after audit of state agencies seem to point to the inefficiencies and downright misuse of public funds.

  7. iwanaknow says:

    Wait for the next downturn (which will come, just as the Sun rises in the East) and watch how everyone wants an exemption!…

  8. hywnsytl says:

    This is not asking for a new tax. It is trying to take out a loop hole that cost the tax payers 36 million dollars.
    It is a pretty simple deal.

  9. Readitnow says:

    Hmmm … did they use the same estimators as the rail? Seems to be off by the same percentage.

  10. yskeulb says:

    We need a study to justify closing a tax loophole?

  11. 808noelani says:

    According to Hillary Clinton anyone who doesn’t pay taxes are not supporting our military and veterans (and I suppose it is worse if you’re getting a refund from the government). So no one should avoid paying taxes.

  12. SteveM says:

    Rep Rhoads is running for Senate. Maybe somebody should ask him why he killed a bill to fix this while he was chair of the judiciary committee.

Leave a Reply