VNO » Topics » Income Taxes

This excerpt taken from the VNO 8-K filed Oct 13, 2009.

Income Taxes

 

We operate in a manner intended to enable us to continue to qualify as a Real Estate Investment Trust (“REIT”) under Sections 856-860 of the Internal Revenue Code of 1986, as amended. Under those sections, a REIT which distributes at least 90% of its REIT taxable income as a dividend to its shareholders each year and which meets certain other conditions will not be taxed on that portion of its taxable income which is distributed to its shareholders. We distribute to our shareholders 100% of our taxable income. Therefore, no provision for Federal income taxes is required. If we fail to distribute the required amount of income to our shareholders, or fail to meet other REIT requirements, we may fail to qualify as a REIT which may result in substantial adverse tax consequences.

 

14

 

 


This excerpt taken from the VNO 10-K filed Feb 24, 2009.

Income Taxes

 

We operate in a manner intended to enable us to continue to qualify as a Real Estate Investment Trust (“REIT”) under Sections 856-860 of the Internal Revenue Code of 1986, as amended. Under those sections, a REIT which distributes at least 90% of its REIT taxable income as a dividend to its shareholders each year and which meets certain other conditions will not be taxed on that portion of its taxable income which is distributed to its shareholders. We distribute to our shareholders 100% of our taxable income. Therefore, no provision for Federal income taxes is required. If we fail to distribute the required amount of income to our shareholders, or fail to meet other REIT requirements, we may fail to qualify as a REIT which may result in substantial adverse tax consequences.

 

75

 

 


This excerpt taken from the VNO 10-K filed Feb 26, 2008.

Income Taxes

 

We operate in a manner intended to enable us to continue to qualify as a Real Estate Investment Trust (“REIT”) under Sections 856-860 of the Internal Revenue Code of 1986, as amended. Under those sections, a REIT which distributes at least 90% of its REIT taxable income as a dividend to its shareholders each year and which meets certain other conditions will not be taxed on that portion of its taxable income which is distributed to its shareholders. We distribute to our shareholders 100% of our taxable income. Therefore, no provision for Federal income taxes is required. If we fail to distribute the required amount of income to our shareholders, or fail to meet other REIT requirements, we may fail to qualify as a REIT and substantial adverse tax consequences may result.

 

81

 


This excerpt taken from the VNO 10-K filed Feb 27, 2007.

Income Taxes

 

We operate in a manner intended to enable us to continue to qualify as a Real Estate Investment Trust (“REIT”) under Sections 856-860 of the Internal Revenue Code of 1986, as amended. Under those sections, a REIT which distributes at least 90% of its REIT taxable income as a dividend to its shareholders each year and which meets certain other conditions will not be taxed on that portion of its taxable income which is distributed to its shareholders. We distribute to our shareholders 100% of our taxable income. Therefore, no provision for Federal income taxes is required. If we fail to distribute the required amount of income to our shareholders, or fail to meet other REIT requirements, we may fail to qualify as a REIT and substantial adverse tax consequences may result.

 

78

 


This excerpt taken from the VNO 8-K filed Oct 27, 2006.

Income Taxes

The Company operates in a manner intended to enable it to continue to qualify as a Real Estate Investment Trust (“REIT”) under Sections 856-860 of the Internal Revenue Code of 1986, as amended. Under those sections, a REIT which distributes at least 90% of its REIT taxable income as a dividend to its shareholders each year and which meets certain other conditions will not be taxed on that portion of its taxable income which is distributed to its shareholders. The Company intends to distribute to its shareholders 100% of its taxable income.  Therefore, no provision for Federal income taxes is required.  If the Company fails to distribute the required amount of income to its shareholders, or fails to meet other REIT requirements, it may fail to qualify as a REIT and substantial adverse tax consequences may result.

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This excerpt taken from the VNO 8-K filed Apr 19, 2006.
(c) income taxes, (d) non-recurring items as determined in good faith by the Operating Partnership< and minority interest, and excluding gains (losses) on dispositions of depreciable real estate of the Operating Partnership and its Consolidated Subsidiaries; plus (2) net income before deductions for Interest Expense, taxes, depreciation and amortization and other non-cash items deducted in arriving at net income (loss), extraordinary items, non-recurring items as determined in good faith by the Operating Partnership, and minority interest and excluding gains (losses) on dispositions of depreciable real estate of Unconsolidated Joint Ventures multiplied by the Operating Partnership’s and its Consolidated Subsidiaries’ proportionate portion, based on their direct and indirect ownership interest, of such Unconsolidated Joint Ventures; minus (3) the Operating Partnership’s income (loss) from Unconsolidated Joint Ventures, in each case (1), (2) and (3) for such period as>, (e) general and administrative expenses that are not allocated by management of the Operating Partnership to a property segment, (f) costs of acquisitions not consummated, (g) minority interest, and (h) extraordinary items, plus, in the case of expenses or minus, in the case of income, but in each case only to the extent included in the consolidated net income (loss) of the Operating Partnership and its Consolidated Subsidiaries (y) income (loss) from discontinued operations and (z) income (loss) applicable to partially-owned entities; provided, however, that in no event shall any such amounts include the income or expense attributable to transactions involving derivative instruments that do not qualify for hedge accounting in accordance with GAAP, provided, further, that all amounts for such period shall be reasonably determined by the Operating Partnership in accordance with GAAP to the extent GAAP is applicable. <Combined>Consolidated EBITDA will be adjusted, without duplication, to give pro forma effect: (<x>
This excerpt taken from the VNO 10-K filed Feb 28, 2006.

Income Taxes

 

The Company operates in a manner intended to enable it to continue to qualify as a Real Estate Investment Trust (“REIT”) under Sections 856-860 of the Internal Revenue Code of 1986, as amended. Under those sections, a REIT which distributes at least 90% of its REIT taxable income as a dividend to its shareholders each year and which meets certain other conditions will not be taxed on that portion of its taxable income which is distributed to its shareholders. The Company intends to distribute to its shareholders 100% of its taxable income. Therefore, no provision for Federal income taxes is required. If the Company fails to distribute the required amount of income to its shareholders, or fails to meet other REIT requirements, it may fail to qualify as a REIT and substantial adverse tax consequences may result.

 

72



 

This excerpt taken from the VNO 8-K filed Aug 19, 2005.
Income Taxes: The Company operates in a manner intended to enable it to continue to qualify as a REIT under Sections 856-860 of the Internal Revenue Code of 1986, as amended. Under those sections, a REIT which distributes at least 90% of its REIT taxable income as a dividend to its shareholders each year and which meets certain other conditions will not be taxed on that portion of its taxable income which is distributed to its shareholders.  The Company will distribute to its shareholders 100% of its taxable income and therefore, no provision for Federal income taxes is required. Dividend distributions for the year ended December 31, 2004 were characterized for Federal income tax purposes as 94.8% ordinary income and 5.2% long-term capital gain income.  Dividend distributions for the year ended December 31, 2003, were characterized for Federal income tax purposes as 94.5% ordinary income and 5.5% long-term capital gain income.  Dividend distributions for the year ended December 31, 2002 were characterized as ordinary income.

 

The Company owns stock in corporations that have elected to be treated for Federal income tax purposes, as taxable REIT subsidiaries (“TRS”).  The value of the combined TRS stock cannot and does not exceed 20% of the value of the Company’s total assets.  A TRS is taxable on its net income at regular corporate tax rates.  The total income tax paid for the 2004, 2003 and 2002 tax years was $1,867,000, $2,048,000 and $1,430,000.

 

The following table reconciles net income to estimated taxable income for the year ended December 31, 2004.

 

(Amounts in thousands)

 

2004

 

Net income applicable to common shares

 

$

570,997

 

Book to tax differences:

 

 

 

Depreciation and amortization

 

85,153

 

Derivatives

 

(126,724

)

Straight-line rent adjustments

 

(53,553

)

Earnings of partially-owned entities

 

47,998

 

Net gains on sale of real estate

 

(54,143

)

Net gain on sale of a portion of investment in Americold to Yucaipa

 

(26,459

)

Stock option expense

 

(20,845

)

Amortization of acquired below market leases, net of above market leases

 

(12,692

)

Other

 

4,191

 

Estimated taxable income

 

$

413,923

 

 

The net basis of the Company’s assets and liabilities for tax purposes is approximately $3,189,273,000 lower than the amount reported for financial statement purposes.

 

72



 

VORNADO REALTY TRUST

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS – (CONTINUED)

 

2.     Summary of Significant Accounting Policies - continued

 

This excerpt taken from the VNO 10-K filed Jun 10, 2005.
Income Taxes: The Company operates in a manner intended to enable it to continue to qualify as a REIT under Sections 856-860 of the Internal Revenue Code of 1986, as amended. Under those sections, a REIT which distributes at least 90% of its REIT taxable income as a dividend to its shareholders each year and which meets certain other conditions will not be taxed on that portion of its taxable income which is distributed to its shareholders.  The Company will distribute to its shareholders 100% of its taxable income and therefore, no provision for Federal income taxes is required. Dividend distributions for the year ended December 31, 2004 were characterized for Federal income tax purposes as 94.8% ordinary income and 5.2% long-term capital gain income.  Dividend distributions for the year ended December 31, 2003, were characterized for Federal income tax purposes as 94.5% ordinary income and 5.5% long-term capital gain income.  Dividend distributions for the year ended December 31, 2002 were characterized as ordinary income.

 

The Company owns stock in corporations that have elected to be treated for Federal income tax purposes, as taxable REIT subsidiaries (“TRS”).  The value of the combined TRS stock cannot and does not exceed 20% of the value of the Company’s total assets.  A TRS is taxable on its net income at regular corporate tax rates.  The total income tax paid for the 2004, 2003 and 2002 tax years was $1,867,000, $2,048,000 and $1,430,000.

 

The following table reconciles net income to estimated taxable income for the year ended December 31, 2004.

 

(Amounts in thousands)

 

2004

 

Net income applicable to common shares

 

$

570,997

 

Book to tax differences:

 

 

 

Depreciation and amortization

 

85,153

 

Derivatives

 

(126,724

)

Straight-line rent adjustments

 

(53,553

)

Earnings of partially-owned entities

 

47,998

 

Net gains on sale of real estate

 

(54,143

)

Net gain on sale of a portion of investment in Americold to Yucaipa

 

(26,459

)

Stock option expense

 

(20,845

)

Amortization of acquired below market leases, net of above market leases

 

(12,692

)

Other

 

4,191

 

Estimated taxable income

 

$

413,923

 

 

The net basis of the Company’s assets and liabilities for tax purposes is approximately $3,189,273,000 lower than the amount reported for financial statement purposes.

 

119



 

This excerpt taken from the VNO 10-K filed Feb 25, 2005.
Income Taxes: The Company operates in a manner intended to enable it to continue to qualify as a REIT under Sections 856-860 of the Internal Revenue Code of 1986, as amended. Under those sections, a REIT which distributes at least 90% of its REIT taxable income as a dividend to its shareholders each year and which meets certain other conditions will not be taxed on that portion of its taxable income which is distributed to its shareholders.  The Company will distribute to its shareholders 100% of its taxable income and therefore, no provision for Federal income taxes is required. Dividend distributions for the year ended December 31, 2004 were characterized for Federal income tax purposes as 94.8% ordinary income and 5.2% long-term capital gain income.  Dividend distributions for the year ended December 31, 2003, were characterized for Federal income tax purposes as 94.5% ordinary income and 5.5% long-term capital gain income.  Dividend distributions for the year ended December 31, 2002 were characterized as ordinary income.

 

The Company owns stock in corporations that have elected to be treated for Federal income tax purposes, as taxable REIT subsidiaries (“TRS”).  The value of the combined TRS stock cannot and does not exceed 20% of the value of the Company’s total assets.  A TRS is taxable on its net income at regular corporate tax rates.  The total income tax paid for the 2004, 2003 and 2002 tax years was $1,867,000, $2,048,000 and $1,430,000.

 

The following table reconciles net income to estimated taxable income for the year ended December 31, 2004.

 

(Amounts in thousands)

 

2004

 

Net income applicable to common shares

 

$

570,997

 

Book to tax differences:

 

 

 

Depreciation and amortization

 

85,153

 

Derivatives

 

(126,724

)

Straight-line rent adjustments

 

(53,553

)

Earnings of partially-owned entities

 

47,998

 

Net gains on sale of real estate

 

(54,143

)

Net gain on sale of a portion of investment in Americold to Yucaipa

 

(26,459

)

Stock option expense

 

(20,845

)

Amortization of acquired below market leases, net of above market leases

 

(12,692

)

Other

 

4,191

 

Estimated taxable income

 

$

413,923

 

 

The net basis of the Company’s assets and liabilities for tax purposes is approximately $3,189,273,000 lower than the amount reported for financial statement purposes.

 

119



 

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