By STEPHEN MARRIOTT 15/12/2005
Following the recent Pre-Budget Report, HMRC has now published draft Real Estate Investment Trust (REIT) legislation. There are still gaps, but we now have a clearer idea of how REITs will look. The objective of REITs is to provide a tax neutral environment for owning properties, whereby the underlying owner will pay exactly the same tax as if they owned the assets directly. At present, pension funds, ISAs, PEPs and other tax exempt structures are at a serious tax disadvantage when they purchase an onshore property unit trust or investment trust.
| "The objective of REITs is to provide a tax neutral environment for owning properties." |
REITs will have an investment trust style structure and the ability to invest in both commercial and residential properties. They must be quoted on a recognised stock exchange. They will not be subject to corporation tax, either on capital profits or net income. 95% of the income of REITs must be distributed; it may be subject to a 20% withholding tax but this can be reclaimed by non taxpayers and exempt schemes.
REITs will also be allowed to gear up via borrowing but this will be limited by a tax charge if the ratio of taxable profits divided by interest payable is less than 2.5. Depending on the type of property acquired and the level of interest rates this could permit borrowings of up to 50% or so of equity.
It has been expected that a significant proportion of the initial REIT population will arise from the conversion of listed property companies. However, the ‘conversion charge’ that will be payable in respect of the latent tax liability in these companies has yet to be announced. The draft rules also state that that no person may own 10% or more of the share capital, which will prohibit some companies from converting under their current ownership It will be possible to include some non-qualifying activities within a REIT structure.
Since REITs will not be available until 1 January 2007, they should not affect any short term investment decisions. Longer term, they are likely to be popular as a way to access property funds within PEPs/ISAs and pensions, although the offshore property investment companies launched over the last couple of years already offer all of the REIT tax advantages and with none of the restrictions.
Please note the above commentary is based on draft legislation which may change prior to implementation.