Midstream Energy REITs: A New Structure

A recent IRS private ruling allows a real estate investment trust or “REIT” to own and operate traditional midstream infrastructure assets, including storage assets and pipelines, and derive REIT qualifying income from traditional commercial arrangements with customers. If structured correctly, the REIT’s income from these assets and arrangements is treated as “rents from real property,” an important aspect of qualifying for REIT status under the Internal Revenue Code (IRS).