Real estate investment trust
A real estate investment trust (REIT) is a company that owns, and in most cases operates, income-producing real estate. REITs own many types of commercial real estate, ranging from office and apartment buildings to warehouses, hospitals, shopping centers, hotels and timberlands. Some REITs engage in financing real estate. The law providing for REITS was enacted by the U.S. Congress in 1960. The law was intended to provide a real estate investment structure similar to the structure mutual funds provide for investment in stocks. REITs are strong income vehicles because, to avoid incurring liability for U.S. Federal income tax, REITs generally must pay out an amount equal to at least 90 percent of their taxable income in the form of dividends to shareholders.
REITs can be publicly traded on major exchanges, public but non-listed, or private. The two main types of REITs are Equity REITs and Mortgage REITs. In November 2014, Equity REITs were recognized as a distinct asset class in the Global Industry Classification Standard by S&P Dow Jones Indices and MSCI. The key statistics to examine the financial position and operation of a REIT are net asset value (NAV), funds from operations (FFO), and adjusted funds from operations (AFFO).
- 1 History
- 2 Africa
- 3 Asia
- 4 Europe
- 5 North America
- 6 South America
- 7 See also
- 8 References
- 9 External links
REITs were created in the United States after President Dwight D. Eisenhower signed Public Law 86-779, sometimes called the Cigar Excise Tax Extension of 1960. The law was enacted to give all investors the opportunity to invest in large-scale, diversified portfolios of income-producing real estate in the same way they typically invest in other asset classes – through the purchase and sale of liquid securities. The first Reit was American Realty Trust founded by Thomas J. Boyhill, cousin of Virginia U.S. Congressmen Joel Broyhill in 1961 who pushed for the creation under Eisenhower.
Since then, more than 30 countries around the world have established REIT regimes, with more countries in the works. The spread of the REIT approach to real estate investment around the world has also increased awareness and acceptance of investing in global real estate securities.
A comprehensive index for the REIT and global listed property market is the FTSE EPRA/NAREIT Global Real Estate Index Series, which was created jointly in October 2001 by the index provider FTSE Group, the National Association of Real Estate Investment Trusts (NAREIT) and the European Public Real Estate Association (EPRA).
As of June 2014, the global index included 456 stock exchange listed real estate companies from 37 countries representing an equity market capitalization of about $2 trillion (with approximately 78% of that total from REITs).
Around the time of their creation in 1960, the first REITs primarily consisted of mortgage companies. The industry experienced significant expansion in the late 1960s and early 1970s. The growth primarily resulted from the increased use of mortgage REITs in land development and construction deals. The Tax Reform Act of 1976 authorized REITs to be established as corporations in addition to business trusts.
The Tax Reform Act of 1986 also impacted REITs. The legislation included new rules designed to prevent taxpayers from using partnerships to shelter their earnings from other sources. Three years later, REITs witnessed significant losses in the stock market.
Retail REIT Taubman Centers Inc. launched the modern era of REITs in 1992 with its creation of the UPREIT. In an UPREIT, the parties of an existing partnership and a REIT become partners in a new “operating partnership.” The REIT typically is the general partner and the majority owner of the operating partnership units, and the partners who contributed properties have the right to exchange their operating partnership units for REIT shares or cash.The industry struggled beginning in 2007 as the global financial crisis kicked in. In response to the global credit crisis, listed REITs responded by deleveraging (paying off debt) and re-equitizing (selling stock to get cash) their balance sheets. Listed REITs and REOCs raised $37.5 billion in 91 secondary equity offerings, nine IPOs and 37 unsecured debt offerings as investors continued to act favorably to companies strengthening their balance sheets following the credit crisis.
From the end of February 2009 through the end of October 2014, stock-exchange listed Equity REITs have posted total returns of 312% (28.4% per year) and all stock-exchange listed REITs have gained 295% (27.5% per year), outpacing the return of 217% (22.6% per year) in the broad stock market and 210% (22.1% per year) in large-cap stocks. Economic climates characterized by rising interest rates have a detrimental effect on REIT shares. The dividends paid by REITs look less attractive when compared to bonds that have increasing coupon rates. Also, when investors shy away from REITs, it makes it difficult for management to raise additional funds to acquire more property.
The first REIT in Kenya was approved by the Capital Markets Authority in October 2015. The REIT is issued by Stanlib Kenya under the name Fahari I-Reit scheme. The REIT scheme will provide unit holders stable cash inflows from the income generating real estate properties. The unrestricted IPO will be listed on the main investment market segment of the Nairobi Securities Exchange 
REITs have been in existence in Ghana since 1994. The Home Finance Company, now HFC Bank, established the first REIT in Ghana in August 1994. HFC Bank has been at the forefront of mortgage financing in Ghana since 1993. It has used various collective investment schemes as well as corporate bonds to finance its mortgage lending activities. Collective Investment Schemes, of which REITs are a part, are regulated by the Securities and Exchange Commission of Ghana.
In 2007, the Securities and Exchange Commission (SEC) issued the first set of guidelines for the registration and issuance of requirements for the operation of REITs in Nigeria as detailed in the Investment and Securities Act (ISA). The first REIT, the N50 billion Union Homes Hybrid Real Estate Investment Trust, was launched in September 2008. In November 2015 there were three listed REITS on the Nigerian Stock Exchange: Skye Shelter Fund, Union Home and UPDC. A Haldane McCall REIT did not list after failing to reach the minimum 50% subscription in a January 2015 initial public offer amid poor market prospects.
By October 2015 there were 33 South African REITS and three non-South African REITs listed on the Johannesburg Stock Exchange, according to the SA REIT Association, which said market capitalization was more than R455 billion.
The REIT concept was launched in Australia in 1971. General Property Trust was the first Australian real estate investment trust (LPT) on the Australian stock exchanges (now the Australian Securities Exchange). REITs which are listed on an exchange were known as Listed Property Trusts (LPTs) until March 2008, distinguishing them from private REITs which are known in Australia as Unlisted Property Trusts. They have since been renamed Australian Real Estate Investment Trusts (A-REITs) in line with international practice.
REITs have shown numerous benefits over direct investment including lower tax rates and increased liquidity. There are now more than 70 A-REITs listed on the ASX, with market capitalization in excess of A$100bn.
Australia is also receiving growing recognition as having the world’s largest REITs market outside the United States. More than 12 percent of global listed property trusts can be found on the ASX.
REITs have been in existence in Hong Kong since 2005, when The Link REIT was launched by the Hong Kong Housing Authority on behalf of the Government. Since 2005, there have been 7 REIT listings as at July 2007, most of which, including Sunlight REIT have not enjoyed success because of low yield. Except for The Link and Regal Real Estate Investment Trust, share prices of all but one are significantly below initial public offering (IPO) price. Hong Kong issuers' use of financial engineering (interest rate swaps) to improve initial yields has also been cited as having reduced investors' interest
As of July 2012 there are nine REITs listed with a total market capitalization of approximately €15 billion which amounts to almost 2% of the total global REIT market capitalization. Two out of the nine listed REITs are also included in the EPRA index, an index published by the European Public Real Estate Association (EPRA). The current top five REITs in Hong Kong are The Link REIT with a total market capitalization of €8 billion, HUI XIAN REIT with a total market capitalization of €2.3 billion, Champion REIT with a total market capitalization of €1.8 billion, Fortune REIT with a total market capitalization of €1 billion and Regal Real Estate with a total market capitalization of €700 million.
As of August 2014, India approved creation of real estate investment trusts in the country. Indian REITs (country specific/generic version I-REITs) will help individual investors enjoy the benefits of owning an interest in the securitised real estate market. The greatest benefit will be that of fast and easy liquidation of investments in the real estate market unlike the traditional way of disposing of real estate. The government and Securities and Exchange Board of India through various notifications is in the process of making it easier to invest in real estate in India directly and indirectly through foreign direct investment, through listed real estate companies and mutual funds. In the budget of 2014, finance minister Arun Jaitley has introduced a law for setting up of REITs.
"A Real Estate Investment Trust (REIT) is a trust which holds real estate assets viz. buildings, office premises, land banks, etc. The units or securities of REIT are required to be listed on a recognised stock exchange and it provides retail investors an opportunity to indirectly hold stake in real estate assets. The concept of REIT/ Business Trust now exists in several countries worldwide like Australia, Singapore, Japan, France, UK, etc. In Indian context, Securities Exchange Board of India (SEBI) introduced the REIT regulations and in September 2014 issued the final REIT regulations wherein a REIT duly registered with SEBI can be set-up as a trust under the Indian Trust Act, 1882.
The structure of REIT gives a clear picture of the chain of transactions such as: (a) Collection of investments from various investors; (b) Investment in real estate properties to earn income; and (c) repatriation of the income of the REIT to the investors.
Basic structure of the REIT is as follows:
The Finance Act, 2014 provided the mechanism for taxation of REITs in India. Under the said mechanism, tax pass-through status has been granted to REIT. Further, the distributed income of the REIT is taxable in the hands of unit holders.
Dividend distribution by SPV
Even after rationalizing the tax regime for REIT by bringing on list of amendments in the ITA1, India is yet to see a substantial interest with regard to REITs being set-up by real estate companies. One of the key reasons for this is the current income tax mechanism which provides for levy of Dividend Distribution Tax ('DDT') at SPV level on distribution of dividend to REIT. In case the investor/unitholder is a company, there is two tier levy of DDT i.e. on distribution of income by SPV and thereafter on distribution of dividend by corporate investor/unitholder to its shareholders.
SEBI regulations makes it mandatory for both the SPV and business trust to distribute 90% of their operating income to the investors, whereas in case of normal real estate company, there is no requirement of such annual distribution of dividends. The applicability of DDT at the rate of 15% (plus applicable surcharge and cess) on gross basis would adversely impact the effective rate of return for the unit holders.
Amendment to section 115-O
The stakeholders had represented that because of the additional levy of DDT and associated tax inefficiency, these initiatives have not yet taken off. In order to further rationalize the taxation regime for business trusts (REIT's) and their investors, it is proposed in the Finance Bill 2016 to provide a special dispensation and exemption from levy of dividend distribution tax.
With the objective of bringing tax efficiency in the REIT structure, the Finance Bill 2016 proposes to amend the provisions of section 115-O to exempt DDT on distributions made by an SPV to business trust with effect from 1 June 2016. The Finance Bill proposes as under:
" (a) after sub-section (6), the following sub-section shall be inserted, with effect from the 1st day of June, 2016, namely:—
'(7) No tax on distributed profits shall be chargeable under this section in respect of any amount declared, distributed or paid by the specified domestic company by way of dividends (whether interim or otherwise) to a business trust out of its current income on or after the specified date:
Provided that nothing contained in this sub-section shall apply in respect of any amount declared, distributed or paid, at any time, by the specified domestic company by way of dividends (whether interim or otherwise) out of its accumulated profits and current profits up to the specified date."
The Memorandum to Finance Bill 2016 stated the salient features to the proposed amendment to section 115 O of the ITA as follows:
|•||DDT will not be payable on distribution by the SPV to the business trust;|
|•||Dividend received by the business trust and its investor will not be subject to tax in the hands of business trust or investors;|
|•||The exemption from levy of DDT will be applicable only in cases where the business trust either holds 100% of the share capital of the SPV or holds all of the share capital other than that which is required to be held by any other entity as part of any direction of any Government or specific requirement of any law to this effect or which is held by Government or Government bodies.|
|•||The exemption from the levy of DDT will only be available in respect of dividends paid out of current income after the date when the business trust acquires the shareholding referred above in the SPV. The dividends paid out of accumulated and current profits up to this date will be liable for levy of DDT as and when any dividend out of these profits is distributed by the company either to the business trust or any other shareholder.|
Cash flow analysis of the dividend declared by the SPV
|Particulars||Up to May 31, 2016||Post Amendment in Finance
Bill 2016 (from 1 June 2016)
|Dividend declared by SPV||100||100|
|Less: DDT @20.36% (DDT grossed-up basis along with 12% surcharge,3% Education Cess)||20.36||-|
|Income in the hands of REIT||79.64||100|
|Less: Other expenses (assumed)||20||20|
|Distributable Income of REIT||59.64||80|
|Exempt dividend u/s 10(34) in the hands of the unit holders||59.64||80|
The proposed amendment in the Finance Bill 2016, shall make the REIT structure more attractive. The exemption from DDT would substantially enhance the income of the unit holders. This is a positive move by the Government and would attract investments through REIT in Indian Real Estate Industry of India and can result in substantial retail participation. Soon REIT's in India could be a REALITY.
Japan is one of a handful of countries in Asia with REIT legislation (other countries/markets include Hong Kong, Singapore, Malaysia, Taiwan and Korea), which permitted their establishment in December 2001. J-REIT securities are traded on the Tokyo Stock Exchange, and most service providers of the J-REITs are Japanese real estate companies, Japanese conglomerates and foreign investment banks.
Since the burst of the real estate bubble in 1990, property prices in Japan have seen steady drops through 2004, with some signs of price stabilization and possibly price increase in 2005 and 2006. Some see J-REITs as a way to increase investment in the real estate market, although notable increases in asset values have not yet been realized.
A J-REIT (a listed real estate investment trust) is strictly regulated under the Law concerning Investment Trusts and Investment Companies (LITIC) and established as an investment company under the LITIC.
In addition to REITs, Japanese law also provides for a parallel system of special purpose companies which can be used for the securitization of particular properties on the private placement basis
The Bursa Malaysia (www.bursamalaysia.com) has 16 REIT listed with five Islamic REITS (syariah compliant - according to Islamic investment compliance).
The Securities and Exchange Commission of Pakistan is in the process of implementing a REIT regulatory framework that will allow full foreign ownership, free movement of capital and unrestricted repatriation of profits. It will curb speculation in Pakistani real estate markets and gives access to small investors who want to diversify into real estate. The Securities and Exchange Commission of Pakistan is proposing a regulatory framework similar to that of Singapore and Hong Kong.
The Securities and Exchange Commission of Pakistan expected that about six REITs would be licensed within the first year, mainly large asset management companies. Pakistan has seen an outflow of investments by foreign real estate development companies, mostly based in Malaysia and Dubai.
SECP has issued licenses to four parties namely, Arif Habib REIT Management Company, AKD REIT Management Company, Eden Developers REIT Management Company and SB Global REIT Management Company.
REITs in the Philippines have been available to the public after the Real Estate Investment Trust Act of 2009 (RA 9856) passed into law on December 17, 2009. Its Implementing Rules and Regulations were approved by the Securities and Exchange Commission in May 2010. However, it failed to attract investors due to its restrictive tax policies and high friction cost.
Commonly referred to as S-REITs, there are 29 REITs listed on the Singapore Exchange, with the latest REIT, Soilbuild Business Space REIT, listed on 16 August 2013. The first one to be set up being CapitaMall Trust  in July 2002. They represent a range of property sectors including retail, office, industrial, hospitality and residential. S-REITs hold a variety of properties in countries including Japan, China, Indonesia and Hong Kong, in addition to local properties.
Some of the regulations that S-REITs have to adhere to includes:
- Maximum gearing ratio of 35%
- Annual valuation of its properties
- Restriction to certain types of investments the S-REITs can make
- Distribution of at least 90% of its taxable income
S-REITs benefit from tax advantaged status where the tax is only payable at the investor level and not at the REITs level. Not only that REITs have 9 advantages over physical property as an investment.
United Arab Emirates
The REIT legislation was introduced by Dubai International Financial Centre (DIFC) to promote the development of REIT’s in the UAE by passing The Investment Trust Law No.5 that went into effect on August 6, 2006. This restricts all 'true' REIT structures to be domiciled within the DIFC. The first REIT license to be issued will be backed by Dubai Islamic Bank with a REIT named 'Emirates REIT' headed up by the dot com entrepreneur, Sylvain Vieujot.
The issue is that DIFC domiciled REITs cannot acquire non-Freezone assets within the Emirate of Dubai. The only federally approved Freezone within the UAE is the DIFC itself so therefore any properties outside this zone are purchasable by local Gulf (GCC) passport holders only. However, through a collaboration with local authorities, Emirates REIT has been able to establish a platform enabling it to purchase properties anywhere in Dubai given a minimum of 51% of local ownership of its shares. This allows the company to diversify its portfolio with an efficient revenue generating mix of properties in the prime locations of Dubai. Emirates REIT is the first REIT established within the United Arab Emirates. It is also the first REIT listed on NASDAQ Dubai and one of the five Shari'a compliant REIT in the world with a focus on Income-producing assets.
Emirates REIT has a portfolio of over USD 575.3 million consisting of a total of seven properties primarily focus on commercial and office space as of Dec 2014. It has had substantial growth over the last four years. Further information can be found at www.reit.ae
Commonly referred to as Real Estate Investment Fund, the regulations were launched in July 2006 by the Saudi Capital Market Authority, The regulation did not allow the funds to be traded in the stock market and force all funds to be structured by a licensed Investment companies by CMA with a presence of a real estate developer and some other key persons.
Over the past few years new REIT regimes have been introduced in Europe to meet the growing demand from investors for tax efficient real estate investments vehicles, existing REIT regime in Europe have also been improved. In Europe, the top-performing REIT and the largest publicly traded real estate company is Unibail-Rodamco SE.
REITs were introduced in Bulgaria in 2004 with the Special Purpose Investment Companies Act. They are pass-through entities for corporate income tax purposes (i.e., they are not subject to corporate income tax), but are subject to numerous restrictions.
Finnish REITs were established in 2010, when 'the tax exemption law' (Laki eräiden asuntojen vuokraustoimintaa harjoittavien osakeyhtiöiden verohuojennuksesta, 299/2009) was passed by the Finnish parliament. Together with the 'Law on Real Estate Funds' (Kiinteistörahastolaki, 1173/1997)  it enables the existence of tax efficient residential REITs.
- REITs will have to be established as a public listed company (julkinen osakeyhtiö, Oyj) for this specific purpose. When the REIT is established the minimum equity is 5M€ and it has to be distributed over five separate investors.
- Minimum holding period: five years.
- At least 80% of its assets have to be invested in residential real-estate.
- At least 80% of the REIT's gross revenues must come from residential rental income.
- At least 90% of the REIT's taxable income, excluding unrealised capital gains, has to be distributed to its shareholders through dividends.
- The corporation is income-tax-exempt, but the shareholders will have to pay individual income tax on the dividends.
- Largest individual shareholder may own less than 10% of company shares (max. 30% till the end of 2013).
At the moment Orava Residential REIT is the only REIT in Finland.
The French acronym for REIT are SIIC or "SCPI" (which are two different kind of real estate trust). In France, Unibail-Rodamco is the largest SIIC. Gecina is the second largest publicly traded property company in France, with the third highest asset value among European REITs.
Germany is also planning to introduce German REITs (short, G-REITs) in order to create a new type of real estate investment vehicle. Government fears that failing to introduce REITs in Germany would result in a significant loss of investment capital to other countries. Nonetheless there still is political resistance to these plans, especially by the Social Democratic Party).
- REITs will have to be established as a corporation "REIT-AG" or "REIT-Aktiengesellschaft".
- At least 75% of its assets have to be invested in real-estate.
- At least 75% of the G-REIT's gross revenues must be real-estate related.
- At least 90% of the REIT's taxable income has to be distributed to its shareholders through dividends.
- The corporation is income-tax-exempt, but the shareholders will have to pay individual income tax on the dividends.
- Some restrictions apply on establishing residential REITs
The German public real estate sector accounts for 0.21% of the total global REIT market capitalization. Three out of the four G-REITS are also represented in the EPRA index, an index managed by the European Public Real Estate Association (EPRA).
The legislation laying out the rules for REITs in the United Kingdom was enacted in the Finance Act 2006 (now see the Corporation Tax Act 2010 sections 518 to 609) and came into effect in January 2007 when nine UK property companies converted to REIT status, including five FTSE 100 members at that time: British Land, Hammerson, Land Securities, Liberty International and Slough Estates (now known as "SEGRO"). The other four companies were Brixton (now known as "SEGRO"), Great Portland Estates, Primary Health Properties and Workspace Group.
British REITs have to distribute 90% of their income to investors. They must be a close-ended investment trust and be UK resident and publicly listed on a stock exchange recognised by the Financial Services Authority. The EPRA in Brussels each year publishes a breakdown of the UK REIT structure requirements.
To support the introduction of REITs in the UK, the REITs and Quoted Property Group was created by several commercial property and financial services companies. Other key bodies involved are the London Stock Exchange the British Property Federation and Reita. The Reita campaign was launched on 16 August 2006 by the REITs and Quoted Property Group, in order to provide a source of information on REITs, quoted property and related investments funds. Reita's aim is to raise awareness and understanding of REITs and investment in quoted property companies. It does this primarily through its portal www.reita.org, providing knowledge, education and tools for financial advisers and investors.
Doug Naismith, managing director of European Personal Investments for Fidelity International, said: "As existing markets expand and REIT-like structures are introduced in more countries, we expect to see the overall market grow by some ten percent per annum over the next five years, taking the market to $1 trillion by 2010."
The Finance Act 2012 brought five main changes to the REIT regime in the UK, being
- the abolition of the 2% entry charge to join the regime - this should make REITs more attractive due to reduced costs;
- relaxation of the listing requirements - REITs can now be AIM quoted (the London Stock Exchange’s international market for smaller growing companies) – making a listing more attractive due to reduced costs and greater flexibility;
- a REIT now has a three-year grace period before having to comply with close company rules (a close company is a company under the control of five or fewer investors);
- a REIT will not be considered to be a close company if it can be made close by the inclusion of institutional investors (authorised unit trusts, OEICs, pension schemes, insurance companies and bodies which are sovereign immune) - this makes REITs attractive Real Estate Investment Trusts;
- the interest cover test of 1.25 times finance costs is not as onerous.
Boyd Carson of Sapphire Capital Partners LLP commented that "the most important of these advantages is the ability for REITs to be listed on the AIM and the abolition of the 2% entry charge to the regime is also a significant step forward."
Canadian REITs were established in 1993. They are required to be configured as trusts and are not taxed if they distribute their net taxable income to shareholders. REITs have been excluded from the income trust tax legislation passed in the 2007 budget by the Conservative government. Many Canadian REITs have limited liability. On December 16, 2010, the Department of Finance proposed amendments to the rules defining “Qualifying REITs” for Canadian tax purposes. As a result, “Qualifying REITs” are exempt from the new entity-level, “specified investment flow-through” (SIFT) tax that all publicly traded income trusts and partnerships are paying as of January 1, 2011.
Mexico has passed legislation to allow for the equivalent of REITs, known as FIBRAs (Fideicomiso de Infraestructura y Bienes Raíces), to be traded in the Mexican Stock Exchange. Like REITs legislation in other countries, companies must qualify as a FIBRA by complying with the following rules:
- at least 70% of assets must be invested in financing or owning of real estate assets, with the remaining amount invested in government-issued securities or debt-instrument mutual funds.
- Acquired or developed real estate assets must be income generating and held for at least four years.
- If shares, known as Certificados de Participación Inmobiliarios or CPIs, are issued privately, there must be more than 10 unrelated investors in the FIBRA.
- The FIBRA must distribute 95% of annual profits to investors.
The first Mexican REIT was launched in 2011 and is called FIBRA UNO.
Under U.S. Federal income tax law, a REIT is "any corporation, trust or association that acts as an investment agent specializing in real estate and real estate mortgages" under Internal Revenue Code section 856. The rules for federal income taxation of REITs are found primarily in Part II (sections 856 through 859) of Subchapter M of Chapter 1 of the Internal Revenue Code. Because a REIT is entitled to deduct dividends paid to its owners (commonly referred to as shareholders), a REIT may avoid incurring all or part of its liabilities for U.S. federal income tax. To qualify as a REIT, an organization makes an "election" to do so by filing a Form 1120-REIT with the Internal Revenue Service, and by meeting certain other requirements. The purpose of this designation is to reduce or eliminate corporate tax, thus avoiding double taxation of owner income. In return, REITs are required to distribute at least 90% of their taxable income into the hands of investors. A REIT is a company that owns, and in most cases, operates income-producing real estate. REITs own many types of commercial real estate, ranging from office and apartment buildings to warehouses, hospitals, shopping centers, hotels and even timberlands. Some REITs also engage in financing real estate. The REIT structure was designed to provide a real estate investment structure similar to the structure mutual funds provide for investment in stocks.
In the United States, a REIT is a company that owns, and in most cases operates, income-producing real estate. Some REITs finance real estate. To be a REIT, a company must distribute at least 90 percent of its taxable income to shareholders annually in the form of dividends.
To qualify as a REIT under U.S. tax rules, a company must:
- Be structured as a corporation, trust, or association
- Be managed by a board of directors or trustees
- Have transferable shares or transferable certificates of interest
- Otherwise be taxable as a domestic corporation
- Not be a financial institution or an insurance company
- Be jointly owned by 100 persons or more
- Have 95 percent of its income derived from dividends, interest, and property income
- Pay dividends of at least 90% of the REIT's taxable income
- Have no more than 50% of the shares held by five or fewer individuals during the last half of each taxable year (5/50 rule)
- Have at least 75% of its total assets invested in real estate
- Derive at least 75% of its gross income from rents or mortgage interest
- Have no more than 25% of its assets invested in taxable REIT subsidiaries.
Because of their access to corporate-level debt and equity that typical real estate owners cannot access, REITs have a favorable capital structure. They are able to use this capital to finance tenant improvement costs and leasing commissions that less capitalized owners cannot afford.
REITs were introduced in Brazil in 1993 by the law 8668/93 and initially ruled by the instruction 205/94 and, nowadays, by instruction 472/08 from CVM (Comissão de Valores Mobiliários - which is the Brazilian equivalent of SEC). Locally they are described as "FII"s or "Fundos de Investimento Imobiliário". FII's dividends have been free of taxes for personal investors (not companies) since 2006, but only for the funds which have at least 50 investors and that are publicly traded in the stock market. FIIs, referred to as “REIT” to correspond with the similar investment vehicle in the US, have been used either to own and operate independent property investments, associated with a single property or part property, or to own several real properties (multiple properties) funded through the capital markets.
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- Income trust
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- Mutual fund
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- Royalty trust
- Stock market
- Real estate fund
- Taxable REIT subsidiaries
- real estate mortgage investment conduit (REMIC)
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- Internal Revenue Code Sect. 856(c)(2)
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