PLR 201901001

Taxpayer leases systems composed of permanently affixed coaxial and fiber optic cable, and the associated conduit piping (together, the “Real Property Assets”), among other assets. Taxpayer also leases indoor and outdoor distributed antenna systems or small cell systems (“DAS”), which are composed of Real Property Assets, among other assets. Taxpayer represents that the Real Property Assets are real property for purposes of section 856 of the Code. amounts received by Taxpayer from Tenants for the use of Taxpayer’s Real Property Assets qualify as rents from real property for purposes of sections 856(c)(2) and 856(c)(3) of the Code. Furthermore, the provision of the services listed above that are performed by either a TRS or an IK and the performance of the activities described above do not give rise to impermissible tenant service income, and will not cause any portion of the rents received by to fail to qualify as rents from real property under section 856(d).