Philippine REITs
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Questions and Answers

What is the primary purpose of a REIT?

  • To operate as a traditional trust under Philippine laws
  • To provide capital appreciation to investors
  • To offer high liquidity through physical real estate investments
  • To own income-generating real estate assets (correct)
  • How are returns from REITs typically distributed to investors?

  • Through capital gains
  • As rental income
  • In the form of dividends (correct)
  • Via interest payments
  • What type of properties do REITs typically invest in?

  • Agricultural land and industrial complexes
  • Hotels, offices, and warehouses (correct)
  • Apartment buildings, cell towers, and medical facilities
  • Shopping malls and entertainment venues
  • What does the designation of REIT as a 'trust' signify?

    <p>Adoption of the internationally accepted description of the company</p> Signup and view all the answers

    When were the Revised REIT Rules approved by SEC?

    <p>January 2020</p> Signup and view all the answers

    What are the types of REITs by asset types?

    <p>Office, retail, leisure, logistic, healthcare, residential, and diversified REITs</p> Signup and view all the answers

    What do the features of REITs include?

    <p>Defined yield, direct participation in properties, and portfolio diversification</p> Signup and view all the answers

    When were the Amended Listing Rules for REITs approved by PSE?

    <p>February 2020</p> Signup and view all the answers

    When were the REIT Implementing Rules and Regulations (REIT Rules) approved by SEC?

    <p>May 2010</p> Signup and view all the answers

    When were the REIT revenue regulations of the Bureau of Internal Revenue (BIR) signed?

    <p>January 2020</p> Signup and view all the answers

    For how long have REITs been in Asia?

    <p>Over 18 years</p> Signup and view all the answers

    What resolved industry concerns in the Philippines?

    <p>MPO and VAT issues</p> Signup and view all the answers

    What is the REIT transaction flow?

    <p>Involves the transfer of income-generating real estate assets to the REIT corporation</p> Signup and view all the answers

    When were the Amended REIT revenue regulations of the BIR signed?

    <p>January 2020</p> Signup and view all the answers

    When were the Listing Rules for REITs approved by the Philippine Stock Exchange (PSE)?

    <p>June 2010</p> Signup and view all the answers

    What has led to positive economic outlook and strong real estate investment prospects in Manila?

    <p>The development of REITs</p> Signup and view all the answers

    What is the reduced Documentary Stamp Tax (DST) rate available for the transfer of real property to a REIT if the REIT lists within two years from the execution of the transfer document?

    <p>2%</p> Signup and view all the answers

    Under what conditions can the transfer of real property to a REIT be tax-exempt?

    <p>If the transfer is done in accordance with Sec. 40(C)(2) of the NIRC</p> Signup and view all the answers

    What is the tax rate for net taxable income of a REIT with total assets of P100,000 or less?

    <p>20%</p> Signup and view all the answers

    What is the tax rate for net taxable income of a REIT with total assets exceeding P100,000?

    <p>25%</p> Signup and view all the answers

    What is the tax rate for dividends paid by a REIT?

    <p>10%</p> Signup and view all the answers

    Which tax authority must REITs register with before commencing business?

    <p>Large Taxpayers Service (LTRAD 3)</p> Signup and view all the answers

    What is the minimum percentage of distributable income that REITs are required to distribute?

    <p>90%</p> Signup and view all the answers

    Which tax is applicable on the original issuance of investor securities?

    <p>Documentary Stamp Tax (DST)</p> Signup and view all the answers

    What tax is applicable on listed securities during transfer?

    <p>Stock Transfer Tax (STT)</p> Signup and view all the answers

    What tax is applicable on transactions involving investor securities outside the exchange?

    <p>Capital Gains Tax (CGT)</p> Signup and view all the answers

    Which entity was previously exempt from dividends tax for 7 years?

    <p>Overseas investors</p> Signup and view all the answers

    What are REITs subject to on gross sales from real property disposal/rental?

    <p>Value Added Tax (VAT)</p> Signup and view all the answers

    What is the maximum debt limit for a REIT if it has an investment grade rating?

    <p>70% of its deposited property</p> Signup and view all the answers

    What is the minimum paid-up capital required for a fund manager in a REIT?

    <p>Fifty Million Pesos</p> Signup and view all the answers

    What is the role of the property manager in a REIT?

    <p>Day-to-day real estate asset management</p> Signup and view all the answers

    What is required for annual valuation of REIT assets?

    <p>An independent party</p> Signup and view all the answers

    What is included in the allowable investments for REITs?

    <p>Income-generating real estate</p> Signup and view all the answers

    When must the exchange furnish the Commission with a copy of the Reinvestment Plan?

    <p>Within three days of receipt</p> Signup and view all the answers

    What is the minimum track record required for a REIT-entity or its owned assets?

    <p>3 years</p> Signup and view all the answers

    What is the maximum fee allowed for the fund manager in a REIT?

    <p>1% of the Net Asset Value</p> Signup and view all the answers

    What is the maximum fee allowed for the property manager in a REIT?

    <p>1% of the Net Asset Value</p> Signup and view all the answers

    What is required for a firm undertaking to reinvest in Philippine real estate or infrastructure projects?

    <p>Proceeds realized from the sale of REIT shares</p> Signup and view all the answers

    What is the requirement for the appointment of independent parties in a REIT?

    <p>They must include a fund manager and property manager</p> Signup and view all the answers

    What is the maximum debt limit for a REIT if it does not have an investment grade rating?

    <p>30% of its deposited property</p> Signup and view all the answers

    What is the minimum paid-up capital required for a fund manager in a REIT?

    <p>Php500,000</p> Signup and view all the answers

    What is the maximum fee allowed for the fund manager in a REIT?

    <p>1% of the total assets under management</p> Signup and view all the answers

    What are REITs subject to on gross sales from real property disposal/rental?

    <p>Capital gains tax</p> Signup and view all the answers

    What is the tax rate for dividends paid by a REIT?

    <p>20%</p> Signup and view all the answers

    What tax is applicable on the original issuance of investor securities?

    <p>Documentary Stamp Tax (DST)</p> Signup and view all the answers

    What is the reduced Documentary Stamp Tax (DST) rate available for the transfer of real property to a REIT if the REIT lists within two years from the execution of the transfer document?

    <p>0.75%</p> Signup and view all the answers

    What is the minimum public float required for REITs?

    <p>33%</p> Signup and view all the answers

    What is the requirement for the appointment of independent parties in a REIT?

    <p>At least 2 independent parties on the board</p> Signup and view all the answers

    What is the tax rate for net taxable income of a REIT with total assets exceeding Php100,000?

    <p>35%</p> Signup and view all the answers

    What is the maximum debt limit for a REIT if it does not have an investment grade rating?

    <p>50% of the total asset value</p> Signup and view all the answers

    What is the tax rate for net taxable income of a REIT with total assets of Php100,000 or less?

    <p>15%</p> Signup and view all the answers

    What is the tax rate for listed securities during transfer?

    <p>0.5%</p> Signup and view all the answers

    Study Notes

    The Development of REITs in the Philippines

    • REIT Implementing Rules and Regulations (REIT Rules) approved by SEC in May 2010
    • Listing Rules for REITs approved by the Philippine Stock Exchange (PSE) in June 2010
    • The REIT revenue regulations of the Bureau of Internal Revenue (BIR) signed in July 2011
    • Revised REIT Rules approved by SEC in January 2020
    • Amended Listing Rules for REITs approved by PSE in February 2020
    • Amended REIT revenue regulations of the BIR signed in January 2020
    • REITs have been in Asia for over 18 years, with the Philippines lagging behind until the IRR revision
    • Industry concerns on MPO and VAT issues resolved
    • Positive economic outlook and strong real estate investment prospects in Manila
    • Features of REITs include defined yield, direct participation in properties, and portfolio diversification
    • REIT transaction flow involves the transfer of income-generating real estate assets to the REIT corporation
    • Types of REITs by asset types include office, retail, leisure, logistic, healthcare, residential, and diversified REITs.

    Key Requirements and Regulations for Real Estate Investment Trusts (REITs) in the Philippines

    • REITs must annually distribute at least 90% of distributable income within five months of the fiscal year's close.
    • A 3-year track record is required for the REIT-entity or its owned assets, indicating a history of at least 3 years of rental income.
    • The maximum debt limit for a REIT is 35% of its deposited property, or 70% if the REIT has an investment grade rating.
    • The appointment of independent parties is essential, including a fund manager and property manager, each with specific roles and limitations on fees.
    • The fund manager oversees investment strategies, property acquisition, and financial reporting, with fees not exceeding 1% of the Net Asset Value.
    • Requirements for the fund manager include independence, competence, and a minimum paid-up capital of Fifty Million Pesos.
    • The property manager is responsible for day-to-day real estate asset management, with fees not exceeding 1% of the Net Asset Value.
    • Requirements for the property manager include independence, competence, and minimum qualifications for employees.
    • A property valuer is required for annual valuation of REIT assets, with specific independence and competence requirements.
    • Allowable investments for REITs include income-generating real estate, cash, government securities, and property development projects.
    • A firm undertaking to reinvest in Philippine real estate or infrastructure projects is required for proceeds realized by the sponsor/promoter from the sale of REIT shares or income-generating real estate.
    • The exchange must furnish the Commission with a copy of the Reinvestment Plan within three days of receipt.

    Real Estate Investment Trust (REIT) Overview

    • RL Commercial REIT, Inc. and VistaREIT are REIT companies sponsored by Robinsons Land Corp. (RLC) and Vista Land, respectively.
    • Investment in a REIT is through subscription or purchase of shares, subject to SEC regulations and restrictions.
    • Protection to investors includes rules on minimum public ownership, related party transactions, and oversight of independent directors.
    • REITs are subject to stringent SEC and PSE disclosure rules, with sanctions for violations.
    • Benefits to investors include participation in a new asset class, high dividend distribution, and equity interest in income-producing real estate.
    • Benefits to sponsors/developers include access to capital, tax benefits, and marketing advantages.
    • Key considerations for sponsors involve analyzing asset fundamentals, operational track record, control, valuation, and other restrictions.
    • Assets that can be contributed into a REIT include real properties providing steady rental streams, such as retail malls, office buildings, and residential developments.
    • Qualities of successful REITs include high-quality property assets, potential for growth, and timing in the market.
    • Successful REITs require competent fund and property managers, with assets listed in the PSE and specific financial requirements.
    • REITs must comply with SEC regulations, including a minimum public float, independent directors, and limitations on director compensation.
    • Financial requirements for REITs include a minimum paid-up capital of Three Hundred Million Pesos (Php300,000,000) and PSE listing within 2 years of availment of incentives.

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    Description

    "Philippine REIT Regulations and Overview" Quiz Test your knowledge of the development, regulations, and key requirements of Real Estate Investment Trusts (REITs) in the Philippines. Explore the history, regulations, and benefits of REITs, and understand the essential rules and considerations for investors and sponsors.

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