How To Lower Or Even Eliminate Your Taxes On REITs

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 |  Includes: AGNC, HCP, NLY
by: Doug Carey

Summary

REIT dividends are taxed at ordinary income tax rates in taxable accounts.

By converting the dividends to capital gains investors can save big on taxes.

The higher the dividend, the more important this strategy becomes.

Many investors who are sick and tired of low interest rates have plowed in to REITs in order to achieve the yield they were once used to. However, even though many REITs pay a nice dividend, investors are sometimes surprised by the hefty tax bill. REITs are taxed at ordinary income tax rates if they are in taxable accounts, which takes a big bite out of the total return for many. But there is a way to get around this tax bill if an investor has capital losses he can use. I call this strategy dividends to capital gains conversion.

The idea is this: By taking dividends in the form of capital gains, and then offsetting those gains with capital losses you may have, you can pay an effective tax rate of 0%. Compare this to paying either the 15% rate for qualified dividends (for most people) or your top marginal income tax rate on REIT investments.

So how does one go about converting dividends to capital gains? It takes some monitoring, but it could very well be worth your time. First let's define the ex-dividend date for a stock:

The ex-dividend date is the day on which all shares bought and sold no longer come attached with the right to be paid the most recently declared dividend. This is an important date for any company that has many stockholders, including those that trade on exchanges, as it makes reconciliation of who is to be paid the dividend easier. It is just as important for investors, however, since you must own a stock before the ex-dividend date in order to receive the next scheduled dividend.

If an investor buys the stock on the ex-dividend date or after, he is not entitled to the next dividend. This also means that if an investor sells the day before the ex-dividend date, he is not entitled to the next dividend.

Given this, an investor can buy a stock the day of the ex-dividend date and sell the day before the next ex-dividend date, and be assured that he will never receive a dividend. Some might be saying, what a horrible deal! But Mr. Market is no dummy. Those who buy on the ex-dividend date and sell the day before the next one will benefit from the stock price climbing by the amount of the dividend during this time. If you ever notice why a stock's price drops the of the ex-dividend date, this is because those buying it on that day will not receive the next dividend. In fact, the price drops by the amount of the next dividend. Conversely, the stock price will begin climbing the day after the ex-dividend date and will eventually rise by the amount of the dividend. Of course, the price will fluctuate due to other variables, but the amount of the next dividend is always embedded in the price.

Hopefully this all makes sense because for stocks with high dividend yields, this strategy could provide a huge gain for investors. Let's take a look at how this strategy might be used with one of my favorites REITs, HCP Inc. (NYSE:HCP).

From CNBC:

HCP, Inc. is a real estate investment trust (REIT). The Company invests primarily in real estate serving the healthcare industry in the United States. HCP acquires, develops, leases, manages and disposes of healthcare real estate and provides financing to healthcare providers. The Company's portfolio consists of investments in the five healthcare segments: senior housing, life science, medical office, post-acute/skilled nursing and hospital. The Company makes investments within its healthcare segments using the five investment products: properties under lease, debt investments, developments and redevelopments, investment management and RIDEA, which represents investments in senior housing operations. In October 2012, Emeritus Corp announced that HCP closed the acquisition of 127 of the 133 senior housing communities. In February 2014, Kindred Healthcare Inc's subsidiaries completed the acquisition of real estate associated with two nursing centers which it leases from HCP.

Now let's see how this strategy works. Every quarter if I buy HCP on the ex-dividend date and then sell it the day before the next ex-dividend date I pay no taxes whatsoever on this dividend, yet receive all of the dividend yield in the form of capital gains. I avoid taxes by offsetting the gains with capital losses. This is a huge benefit to me because HCP is a REIT and investors must pay the full income tax rate on any dividends that are paid.

Let's look at an example using HCP where an investor buys 2,000 shares. The combined marginal federal and state tax rate for him is 33%. He is able to offset all capital gains with capital losses and pays $8 per trade. I ran the following using our publicly available calculator called Minimize Taxes by Trading Dividends for Capital Gains and readers are free to run their own scenarios as well.

I will have accumulated over $16,000 more over 10 years using this strategy. That is a cumulative return that is 20% higher than if I just collected the dividend. I can also adjust the amount of the capital gains that I can offset. Let's say I can offset 50% of the gains with capital losses. It is still worth it because this strategy delivers a 7% higher return than not using the capital gains conversion strategy.

This strategy works well with HCP, but is supercharged when it comes to mortgage REITs. For mortgage REITs such as Annaly Capital (NYSE:NLY) and American Capital Agency Corp. (NASDAQ:AGNC) the payoff from this strategy over 10 years (assuming all gains can be offset by capital losses) is an increased cumulative return of about 30%.

Because of the monitoring involved and the trading costs, this idea is best suited for those stocks with relatively high dividends. In the example above, if the dividend yield were below 2%, this strategy does not even pay off any more. But for REITs and other high yielding stocks, especially those where dividends are taxed at your income tax rate, this strategy will be a sure-fire winner.

Disclosure: The author is long HCP. The author wrote this article themselves, and it expresses their own opinions. The author is not receiving compensation for it (other than from Seeking Alpha). The author has no business relationship with any company whose stock is mentioned in this article.