A
REIT is an investment vehicle for rent-yielding properties. The key
requirements are investment of a certain minimum corpus in operational rental
assets, of which certain portion has to be rent generating. While most REITs
globally do not pay corporate taxes, they must necessarily distribute most of
their net income as dividends to investors. To the real estate developers, REIT
provides additional source of fund raising while ensuring that they maintain
control of properties. Further, it helps developers split assets according to its
risk characteristic and offer products to investors with differing risk
appetite in turn increasing the overall value proposition. In Union Budget
FY2015, government has declared that REITs and Infrastructure Investment Trusts
(InvestIT) to have a pass-through for the purpose of taxation.
SEBI had floated draft regulations for
discussion on October 10, 2013 and invited public comments on the same to be
submitted latest by October 2013
Key proposals in the draft
regulations in India
Size,
structure and listing norms
1. Minimum
asset size of Rs. 10 bn
2.
Minimum
initial offer size of INR 2.5bn and minimum public float of 25%
3.
Minimum
investment – INR0.2mn and minimum unit size – INR0.1mn
Open to foreign investors Investment
conditions
1. Must
invest at least 90% of the value of its assets in completed revenue generating properties
(defined as property having minimum 75% of its area leased out) and Balance 10%
of REIT assets can be invested in
o
Development
properties which shall be held by the REIT for not less than three
years
after completion and shall be leased out
o
Listed
or unlisted debt of companies
o
Mortgage
backed securities
o
Shares
of public listed companies which derive at least 75% of their revenues from
real
estate activity
o
The
government securities or money market instruments or cash equivalents
c 2. REIT
can invest up to 100% of its corpus in one project provided minimum size of
such a project is INR10bn 3. Must
distribute at least 90% of the net distributable income after tax as dividends annually
4. Not
allowed to invest in vacant land or agricultural land or mortgages other than mortgage
backed securities
5. REIT must not invest in units of other REITs
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