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BOMA International Positions On FIRPTA And Data Access

BOMA International Positions On FIRPTA And Data Access

The Building Owners and Managers Association (BOMA) International’s Board of Governors recently passed two new policy positions in response to important, emerging issues. Foreign Investment in Real Property Tax Act (FIRPTA) Policy Position: BOMA International supports amending, if not the outright repeal of, FIRPTA to increase the amount of foreign capital invested in the U.S. commercial real estate market. Background: FIRPTA discourages the investment of foreign capital in U.S. real estate by treating a gain or loss by a foreign investor from the sale of a U.S. Real Property Interest (“USRPI”) as if such gain or loss were effectively connected with a U.S. trade or business. Such policy is completely at odds with the tax treatment of other types of investments. Currently, a foreign investor faces no U.S. tax liability from income realized from other forms of investments, such as stocks and bonds or the interest earned on U.S. bank accounts, to name a few. Therefore, BOMA International supports amending, if not the outright repeal, of FIRPTA.