Key Takeaways
- REIT dividends have three components: ordinary income, capital gains, and return of capital — each taxed differently
- The ordinary income portion is taxed at your marginal rate but qualifies for the 20% Section 199A deduction
- Capital gain distributions are taxed at favorable long-term capital gains rates (0%, 15%, or 20%)
- Return of capital is not immediately taxable — it reduces your cost basis and defers tax until you sell
REIT dividends are taxed through a three-component system — ordinary income, capital gains, and return of capital — each with its own tax treatment. Understanding how each component works is essential for REIT investors because the blended effective tax rate is often much lower than the headline ordinary income rate. A REIT that appears to distribute "ordinary income" may actually deliver a mix that is more tax-efficient than it first appears.
Component 1: Ordinary Income Dividends
The largest portion of most REIT distributions is classified as ordinary income. This includes the REIT's net rental income, interest income (for mortgage REITs), and other operating income. Ordinary income dividends are taxed at your marginal federal income tax rate, which ranges from 10% to 37%.
However, the Section 199A deduction provides significant relief. REIT ordinary income dividends qualify for a 20% qualified business income deduction, which effectively reduces the tax rate. For a taxpayer in the 37% bracket, the effective rate on REIT ordinary dividends drops to approximately 29.6% before accounting for state taxes and the NIIT.
For example, Realty Income (O) has historically classified approximately 70-80% of its distributions as ordinary income. On a $3.00 annual distribution, roughly $2.10 to $2.40 would be ordinary income eligible for the 199A deduction, with the remainder split between capital gains and return of capital.
Component 2: Capital Gain Distributions
When a REIT sells a property at a profit, the resulting long-term capital gain is distributed to shareholders as a capital gain distribution. These are taxed at the favorable long-term capital gains rates of 0%, 15%, or 20%, regardless of how long you have personally held the REIT shares.
Capital gain distributions are reported in Box 2a of Form 1099-DIV. They are taxed at long-term rates because the REIT held the underlying property for more than one year. This component can be significant for REITs that actively buy and sell properties, such as those in the net lease or industrial sectors.
Some capital gain distributions may also include unrecaptured Section 1250 gains, which are gains attributable to depreciation previously taken on the property. These are reported in Box 2b and taxed at a maximum rate of 25%. This is a unique aspect of real estate taxation that can catch investors off guard.
Component 3: Return of Capital
Return of capital (ROC) is the most tax-friendly component of REIT distributions. ROC is not taxable when received. Instead, it reduces your cost basis in the REIT shares. You defer the tax until you eventually sell the shares, at which point you pay capital gains tax on the difference between the sale price and your reduced cost basis.
Return of capital occurs because REITs report significant depreciation expenses on their properties, which reduces taxable income below the level of cash distributions. The REIT may be distributing real cash flow, but part of that cash flow exceeds its taxable income due to depreciation deductions.
For example, if you bought a REIT at $50 per share and receive $2 in return of capital over several years, your cost basis drops to $48. When you sell at $55, your capital gain is $7 per share ($55 - $48) rather than $5. You eventually pay tax on the ROC, but as a long-term capital gain rather than ordinary income — and the tax is deferred until you sell.
If your cost basis is reduced to zero, any additional return of capital is taxed as a capital gain in the year received.
Real-World Example: Calculating REIT Tax
Let us walk through a complete example. Assume you own 1,000 shares of a REIT and receive $5,000 in annual distributions. The REIT classifies these as:
- Ordinary income: $3,500 (70%)
- Capital gain distributions: $1,000 (20%)
- Return of capital: $500 (10%)
If you are in the 32% marginal tax bracket with the 199A deduction and 15% long-term capital gains rate:
- Ordinary income after 199A: $3,500 x 80% = $2,800 taxable. Tax: $2,800 x 32% = $896
- Capital gains: $1,000 x 15% = $150
- Return of capital: $0 current tax (cost basis reduced by $500)
- Total tax: $1,046 on $5,000 in distributions = 20.9% effective rate
That 20.9% effective rate is substantially lower than the 32% marginal rate that would apply if the entire distribution were ordinary income without the 199A deduction.
How to Find the Tax Breakdown
REITs typically publish the tax character of their distributions in January or February following the tax year. You can find this information in several places:
- Form 1099-DIV: Your broker reports the breakdown in the various boxes (1a for ordinary dividends, 1b for qualified dividends, 2a for capital gains, 3 for return of capital, 5 for Section 199A dividends).
- Company investor relations: Most REITs publish a dividend tax characterization table on their investor relations website.
- Annual tax supplements: REIT ETFs and mutual funds publish supplements with the per-share tax characterization.
Note that the tax characterization is often not finalized until after year-end. If you receive a REIT dividend during the year, you will not know the exact tax breakdown until the company publishes its characterization, sometimes in mid-to-late January.
Frequently Asked Questions
Do I owe the 3.8% NIIT on REIT dividends?
Yes, if your modified adjusted gross income exceeds $200,000 (single) or $250,000 (married filing jointly), all components of REIT distributions — ordinary income, capital gains, and return of capital (when it triggers gains upon sale) — may be subject to the 3.8% Net Investment Income Tax.
Are REIT dividends taxed differently in an IRA?
In a traditional IRA, REIT dividends are not taxed when received. However, all withdrawals from a traditional IRA are taxed as ordinary income, so you lose the benefits of capital gains treatment and the 199A deduction. In a Roth IRA, REIT dividends are completely tax-free in qualified withdrawals, making it the most tax-efficient location for REITs.
Why do some REITs have more return of capital than others?
REITs with large depreciation deductions relative to their taxable income tend to have higher return of capital. This is common among REITs that own newer properties or have made recent acquisitions with significant depreciable assets. REITs like American Tower (AMT) with heavy infrastructure assets often have notable return of capital components.