International Property Investment - Are REITs Righting Themselves Again?
by the Investors Offshore editorial team,
November, 2011
IMPORTANT WARNING: The contents
of this article have been compiled in good faith by Investorsoffshore.com
to provide assistance to investors, but do not constitute investment advice
or recommendations. Investors should not rely upon the information given
in order to choose types or routes of investment but should make their
own independent enquiries before making choices. Investorsoffshore.com
has taken reasonable care in researching and presenting the information
herein but makes no representations as to its accuracy and accepts no
liability for actions taken or not taken as a result.
While many international investors choose to invest directly in their
own homes (first, second or third, as the case may be!), one very interesting
way of putting surplus funds into real estate is through a REIT.
In an increasing number of countries, real estate funds often take advantage
of REIT status (stands for Real Estate Investment Trust). Typically, a
REIT is a fund, publicly listed or not, which holds real estate assets,
and is tax-transparent (pass-through) as long as it distributes 90% of
its gains and profits to its shareholders. Countries with REIT legislation
in place include the USA, the UK, Hong Kong, Malaysia, Singapore, Japan,
Germany, Australia, and the Netherlands.
Publicly-traded REIT stocks are nothing if not volatile: in the four
years to 2006 international REIT indices rose by more than 150%, only
to fall back, as you would expect, by 50% in 2007 and 2008. Of course
they rose again in 2009, by a resounding 40%, and returns have been healthy
so far in 2011, although volatility in the latter half of the year has
taken the shine off of this performance somewhat; as of October 27, 2011,
the MSCI US REIT Index was 8.95% higher than it was on January 1, having
risen 27% over three years. That doesn't mean that an individual REIT
fund would behave in the same way; like any other stock it will reflect
local conditions and its own particular investment goals. But as a general
proposition one can say that REITs are a good proxy for the real estate
market as a whole.
The US real estate investment trust (REIT) industry significantly outperformed
the broader equity market in the first nine months of 2011, in spite of losing ground to
the S&P 500 in the third quarter, according to NAREIT, the National Association of
Real Estate Investment Trusts.
NAREIT reported the total return of the FTSE NAREIT All REITs Index,
the broadest US REIT Index, was down 6.14%, and the FTSE NAREIT All Equity
REITs Index was down 6.05% in the first nine months of the year, ended
September 30. By comparison, the S&P 500 was down 8.68% in the same
period.
Substantial REIT dividends accounted for much of the total return advantage
over the S&P 500 in the first three quarters of 2011. The FTSE NAREIT
All REITs Index’s cash dividend yield at September 30 was 5.23%
compared to 2.13% for the S&P 500.
In the third quarter, the total return of the FTSE NAREIT All REITs Index
was down 14.62% and the FTSE NAREIT All Equity REITs Index was down 15.07%,
while the S&P 500 was down 13.87%. On a 12-month basis ended September
30, the FTSE NAREIT All REITs Index delivered a total return of 1.06%
and the FTSE NAREIT All Equity REITs delivered 0.93% compared with 1.14%
for the S&P 500.
Top performing sectors of the REIT market in the first nine months of
the year were Manufactured Homes, up 12.55%; Self-Storage, up 10.42%;
and
Apartments, up 1.84%. The same sectors led the REIT market on a 12-month
trailing basis ended September 30, with Manufactured Homes up 18.35%;
Self-Storage up 16.69% and Apartments up 12.73%.
Individuals can invest in REITs either by buying their shares, if they
are publicly-listed, or by making direct investments into fund units.
Dividends or returns paid to share- or unit-holders are untaxed in the
REIT, and are taxable (or not, according to where you invest from) in
the hands of the investor. There may be 'exit' or 'withholding' taxes
on foreign distributions in certain countries - it is always wise to check
first!
A REIT usually has to fulfil various other conditions besides the distribution
rule. In the US, for instance, where REITs have been established for many
years, a REIT must:
- Be structured as a corporation, business trust, or similar association;
- Be managed by a board of directors or trustees;
- Have fully transferable shares;
- Have a minimum of 100 shareholders;
- Derive at least 75% of gross income from rents or mortgage interest;
- Invest at least 75% of total investment assets in real estate;
- Have no more than 20% of its assets in the stocks of taxable REIT
subsidiaries.
REITs In The UK
As you would expect, UK REITs followed the real estate sector into a
severe downturn in 2008 and 2009, but recovered in 2010.
In the UK, property companies have created a new internet portal and
supporting publicity campaign, called Reita, as an impartial source of
expert information on quoted property investment, REITs and the funds
that will invest in them.
Members of the REITs and Quoted Property Group, the organisation behind
the Reita campaign, include eight of the biggest quoted property companies
– some of which have announced that they intend to convert into
REITs and others that are likely to maintain their current structure –
nine of the leading fund managers, the London Stock Exchange, ten merchant
banks and advisers, the British Property Federation and the Investment
Property Forum.
Historically, most investment in quoted property companies has been institutional.
The UK's REITs regime, by exempting eligible quoted property companies
from corporation tax, ended the double taxation of the sector, making
it attractive to a whole new world of investors who want to hold tax efficient
indirect property investments in their portfolios. In addition to REITs,
there are quoted property companies and other vehicles for indirect investment
that private investors could consider.
The British Property Federation (BPF) is a founder member of The REITs
and Quoted Property Group and played a key role in its establishment and
in the creation of the Reita campaign. BPF Chief Executive, Liz Peace,
commented:
“The long awaited arrival of UK REITs on New Year’s Day 2007
marks an important and exciting milestone in property investment in Britain.
It opens up a host of opportunities for property companies, financial
services providers, financial advisers and investors to significantly
increase the level of investment in the commercial property sector. But
while there is a clear appetite for property among private investors,
there is little unbiased information publicly available on REITs and quoted
property. We wanted to create something to fill this gap and we are confident
that reita.org will be widely welcomed and used.”
Patrick Sumner, Chairman of The REITs and Quoted Property Group added:
“We are delighted to have received such tremendous support for
the group, which now has the backing of so many senior organisations right
across the industry. Our portal will be the UK’s first non-partisan
resource for information on REITs and property investment, providing a
definitive reference point, covering all the key issues and addressing
any questions which the visitor has, whether they are a professional adviser,
stockbroker or even a private investor."
“Our aim is to really add value to professional advisers’
business and ensure that reita.org can provide a one-stop resource for
comprehensive, non-partisan and regularly updated information."
“The subject matter may appear complex to some, but our aim is
to expand and educate a wider audience to the benefits of property investment.
With such a great team behind us, we are extremely well placed to do this.”
Although most UK REITs list on the LSE, some have opted for the Channel
Islands Stock Exchange (CISX), which already listed more than 40 offshore
property funds before REITs were introduced in 2007.
Following an informal consultation on proposed changes to the UK's Real
Estate Investment Trust (REIT) regime in 2011, the government has agreed
that the levy payable by companies which convert into REITS should be
scrapped.
The consultation, which concluded in June, focused on changes originally
outlined in the 2011 Budget. 53 written responses were received from a
wide range of interested parties including REITs, house builders, fund
managers and property investment companies. The Treasury also conducted
around 20 meetings with a range of stakeholders.
According to the Treasury, all respondents to the consultation fully
supported a proposal to scrap the 2% conversion charge payable on the
market value of all the qualifying assets held at the year end (less qualifying
assets held at the beginning of the accounting period). The Treasury has
therefore agreed that this charge will be abolished.
As explained above, one of the main advantage of REITs is that they pay
out most of their income in the form of dividends but do not pay income
tax. However, the conversion charge has been seen by many as a barrier
to the expansion of the REITs sector.
The government has also agreed that listing requirements should be relaxed
to allow REITS to list on non-regulated stock exchanges. The consultation
highlighted that this would lead to increased accessibility to markets
for start ups and smaller companies by making it possible to raise small
amounts of capital at a cheaper cost. In addition, the government believes
this would mean less onerous rules relating to trading history, and lighter
governance and reporting requirements which means that ongoing running
costs are also reduced.
REITs In Dubai
The Dubai Financial Services Authority (DFSA) announced in August, 2006,
that rules to permit the operation of real estate investment trusts (REITS)
within the Dubai International Financial Centre (DIFC) were introduced
with effect from 6th August 2006.
The rules followed the approval on 1st August 2006 of the Investment
Trust Law, DIFC Law No. 5 of 2006 by His Highness Sheikh Mohammed bin
Rashid Al Maktoum, Vice-President and Prime Minister of the UAE, and Ruler
of Dubai.
Commenting upon the new rules, DFSA Chief Executive David Knott noted
that:
“In many of the world’s major capital markets REITS have
become the most favoured method for attracting public ownership in property
investments. They provide a convenient form for listed and tradable property
ownership with transparent pricing and liquidity."
He continued: "The REITS industry attracts widespread investor support
in countries including United States of America, Australia, Canada and
Hong Kong.
"Under these Rules it will be possible to issue REITS for the first
time in this region, utilizing the facilities of the DIFX. It will add
a significant new dimension to the UAE’s property market.”
However, the collapse in the Dubai real estate sector that took place
in 2008 put paid to early hopes for Dubai REITs, whether regular or Islamic,
and it was only in 2010 that prospects began to open up again.
In November 2010, a joint venture was announced that led to the creation
of Dubai's first REIT in January 2011. Based in the DIFC, the Shariah
Emirates REIT is governed by the Dubai Financial Services Authority and
invests exclusively in high-quality, income-producing commercial and residential
properties. Emirates REIT professionally manages the assets in order to
maximise revenue and increase the overall value of the company.
A key feature of Emirates REIT is that at least 80% of the company’s
net income must be returned to shareholders annually in the form of dividends.
The REIT was jointly developed by DIB, one of the UAE’s largest
financial institutions, and Eiffel Management, a pioneer of REITs in France.
Abdulla Al Hamli, CEO, Dubai Islamic Bank, and Chairman, Emirates REIT
Management, said: “Dubai Islamic Bank is proud to support Emirates
REIT, which will have a positive impact not only for the real estate sector
but also the UAE’s overall economic environment. Emirates REIT will
be run to the highest international standards and highlights Dubai Islamic
Bank’s long-standing tradition of excellence and innovation in Islamic
finance.”
Sylvain Vieujot, CEO, Eiffel Management, and Vice Chairman, Emirates
REIT, said: “Dubai’s first REIT is being launched at a time
of improving confidence in the Emirate’s real estate market. As
the Middle East economy recovers from the global economic slowdown, international
investors, and those in the region, are looking for long-term, low-risk
and secure investments in the Middle East. Emirates REIT can offer all
of these advantages.”
The Dubai Financial Services Authority (DFSA) is considering allowing
private property funds located in the Dubai International Financial Centre
(DIFC), to convert into REITs. "We have had a number of debates with
firms and legal representatives who are thinking of starting as private
property funds and then metamorphosing into a REIT. But to achieve that
we will have to consider certain waivers from our rules, which we might
then consider," Simon Gray, Director Supervision, DFSA, told Emirates
Business. No REITs have yet been listed on Nasdaq Dubai, but Gray believes
it is just a matter of time. "Islamic Reits have done well in Malaysia
and we see a tremendous potential for those here," Gray added.
“Emirates REIT is a move by Dubai Islamic Bank to help fuel growth
in the UAE's real estate market by allowing investors to pool income-producing
real estate assets under a common management and receive tradable shares
in the REIT” said Dr. Adnan Chilwan, Chief of Retail & Business
Banking, DIB and Board Member, Emirates REIT. “The new REIT looks
to attract Shariah-compliant properties such as commercial and residential
buildings, warehouses, schools, hospitals and car parks and convert its
rental income into dividends for investors” added Dr. Chilwan.
Asian REITs
There are REIT markets in seven Asian countries, including Japan, Singapore
and Hong Kong, with significant and high quality real estate portfolios.
Asian REITs offer attractive investment features including liquidity and
high yields, as well as unique features such as Islamic REITs in Malaysia
and including investment-grade real estate from China and India, which
currently do not have REIT markets.
The Asian REIT market has recovered strongly from the global financial
crisis, with strong recent added-value performance, particularly in comparison
to their respective stock markets and the lesser performance of the mature
REIT markets in the US and UK.
REITs in Asia now account for USD100 billion in market cap, representing
12% of the global REIT market. The market has recovered well since the
peak of the financial crisis when it stood at USD66 billion in March 2009,
according to the Asia Pacific Real Estate Association (APREA), which promotes
and represents the real estate sector on a regional basis.
APREA, in its May 2011 Asian REITs report, said that the upturn is due
partly to the recovery in Singapore where the market cap increased from
USD7.8 billion in March 2009 to USD31.8 billion over this period, an increase
of 307.7%. It is also due to new listings, including the recently listed
Mapletree Commercial Trust in Singapore and Hui Xian REIT in Hong Kong,
the 15th largest REIT in the region.
Peter Mitchell, CEO of APREA, noted: "With announced acquisitions
and other rumoured IPOs in Japan, Singapore and Malaysia, the continued
strong growth in the overall size of the Asian REIT market looks set to
continue.”
“In addition”, he said, “in the space of less than
10 years Asian REITs have become a significant product in the global real
estate universe and the market is now significantly larger than the Australian
REIT market”.
Looking at the Asia Pacific REIT market overall, including Australia,
the A-REIT (45.5%), J-REIT (24.5%) and S-REIT (17.3%) markets account
for 87.3% of the market on a capitalization basis, which at USD187.9 billion
was still 8.3% below the peak attained in October 2007, due to a continued
lag in Australia. In addition to Singapore, strong growth was seen in
Japan and Hong Kong. From March 2009 to April 29, 2011, the market cap
of Hong Kong REITS increased by 156.4% and J-REITs by 96.3%.
Japan and Singapore together account for 75.3% of the Asia ex-Australia
REIT market, by market cap. With Hong Kong, they account for 90.9%. According
to the report, the 20 largest REITs (by market capitalization) in the
region continue to be dominated by Australia (9), Japan (4) and Singapore
(4).
On a year-on-year basis, the Japan and Hong Kong REIT markets continued
to outperform their respective local general equity indices. J-REITs outperformed
general equities by a significant 21.1%, followed by Hong Kong REITs at
15.2%. The 20 best performing Asian REITs (by 12-month total return) comprise
eight J-REITs, six Hong Kong REITs, one S-REIT, two Taiwan REITs and three
Thailand REITs. By contrast, the worst performing Asian REITs (by 12-month
total return), all with negative returns, include eight Thailand REITs,
five J-REITs, four S-REITs and one Korean REIT.
Japan REITs continue to make up the majority of the worst performing
Asian REITs, by 3-year total return. Over a longer period (of three years),
stocks from some of the smaller markets have outperformed with REITs from
Malaysia (5), Thailand (3) and one Taiwan REIT featuring in the top 20,
alongside Japan, Singapore and Hong Kong.
In April 2011, Hong Kong’s Securities and Futures Commission (SFC)
published an investor education article explaining key features and risks
related to latest REIT products, particularly to those denominated and
trading in renminbi (RMB).
The article, entitled “Understanding the latest REITs in Hong Kong”
highlights, among other issues, important risks and features of REITs
investing in real estate located in mainland China. As for REITs traded
and settled in RMB, investors, it says, should also take into account
the additional risk factors associated with RMB fluctuation and convertibility.
In Hong Kong, a REIT, a collective investment scheme in a portfolio of
income-generating real estate, may borrow up to 45% of its gross asset
value and has to distribute at least 90% of its after tax net income in
the form of dividends. Investors are urged to study offering documents
and consult, where appropriate, professional advisers before making any
investment decision in relation to REITs.
Currently, for example, the article points out that, while foreign interests
in property located in mainland China are generally held via a joint venture
with a finite term, the value of the REIT's investment in such real estate
will decrease over time and there will be no residual value at the end
of the term. Therefore, any suggestion that any single interest in real
estate held to the end of the term would still provide value, because
of the expectation that the real estate would appreciate in value over
time, may be unsupportable.
In addition, the dividend income of a foreign corporate investor received
from an entity established in mainland China is subject to 10% withholding
tax on the Mainland. Depending on the availability of any tax treaty between
the foreign corporate investor's jurisdiction and mainland China, such
withholding tax may be subject to a preferential treatment where the taxation
rate may be reduced.
In any event, it is said, such taxation charge could reduce the profit
available for distribution of a REIT holding real estate in mainland China.
The offering document of a REIT should be checked to understand the impact
of the withholding tax, and, furthermore, it should be remembered that
the tax rate and policy are also subject to change.
The units of an RMB REIT are denominated, traded and settled on the Stock
Exchange of Hong Kong in RMB. In general, distributions from an RMB REIT
will be made in RMB rather than HKD, and non RMB-based investors will
be maintaining a currency conversion risk.
It was also stressed that an investment in an RMB REIT should not be
used to bet on the appreciation of the RMB. In addition, as the RMB is
not freely convertible and is subject to foreign exchange controls and
restrictions, the liquidity and trading price of the units of an RMB REIT
may be adversely affected given the limited availability of RMB outside
of China.
The Philippines has also been trying to introduce a REITS regime, and
in July 2011, the Bureau of Internal Revenue (BIR) issued its much-delayed
revenue regulation governing the tax incentives to be granted to REITs
in the Philippines.
The Finance Secretary, Cesar V. Purisima, had said, earlier in the month,
that he had signed off on the REITS regulations, which had been delayed
by his stipulation that the government would not be able to consider their
approval unless it was agreed to increase the minimum percentage listing
on the stock exchange.
When the law to introduce REITs was enacted in 2009, investors were able
to take shares in a REIT, established as a company with a minimum share
capital of PHP300m (USD7.1m), which would have, at all times after listing,
a public float of at least 33% of its outstanding shares. However, it
has now been agreed that, to continue to receive tax incentives, a REIT
will be required to maintain a 40% minimum public float on the stock exchange
for the first two years from its initial listing, rising to at least 67%
by the end of the third year.
It has been confirmed that the new vehicles will be subject to a 30%
company income tax rate on their net taxable income, but only after the
distribution of a minimum 90% dividend to their shareholders, subject
to a stipulation that, for its first two tax years, each REIT will have
to place in escrow the corporate income tax that would have been payable
on the amounts declared and paid as dividends, in case the minimum 67%
listing threshold is not attained thereafter.
The funds will be released from escrow only after a REIT has shown proof
that it has attained the 67% listing threshold by the end of its third
tax year, or the money will be forfeited to the BIR.
In addition, all property transferred to the REIT will be subject to
a favourable documentary stamp tax (DST) of 0.75%, while transfers of
shares in property companies will pay a DST of only 0.375%. However, income
tax, capital gains tax, and value added tax (VAT), will be payable on
the transfer of properties to a REIT.
It has been reported that several companies have made plans previously
to float REITs on the Philippines Stock Exchange, but, now that the published
tax benefits are less favourable than had been expected, particularly
on the minimum float and payment of VAT, it will remain to be seen how
many plans actually reach fruition.
A Basic Guide To International Property Investment
If you are in the right place at the right time, investing in real estate
can be one of the most profitable and enjoyable forms of medium to long
term investment there is. Depending on your circumstances, international
real estate investment may prove preferable, for a number of reasons,
despite the additional challenges it can sometimes pose. Diversifying
your investment portfolio by buying property in several different countries,
for example, can help to cushion you against downturns in any one particular
market. Even if you cannot afford to do this, you may find that you will
be able to snap up an incomparable bargain in an up-and-coming country
which would never have been available in your country of residence. (Unless
you happen to have the good fortune to be resident in a newly popular
emerging market country, of course!)
Now, if you decide that international property investment is for you,
there are several different ways of going about it. Those with neither
the time nor the inclination to become landlords, or who simply want to
diversify a top-heavy portfolio, might choose to invest indirectly, using
one of the many real estate related funds available. Ground rent funds,
for example, are proving increasingly popular with investors, and offer
a relatively low risk and secure investment with the possibility of high
returns. As with all mutual fund investments, there are specific advantages
and disadvantages, but if you are interested in the growth possibilities
in this market and would prefer a less 'hands on' approach, then this
may be for you.
On the other hand, you may not even have an investment portfolio - you
may just be looking for somewhere nice and sunny to retire to. Or you
may be an expat looking to supplement your income. Or you might have been
relocated by your employer, and need somewhere to live. Or… well,
the list goes on. There could be any number of circumstances, both personal
and financial, driving you to consider investing in property overseas.
In this part of the article we will deal with the issues raised by international
property investment, and the possible taxation implications raised by
such purchases.
International mortgages - Do I need one?
One of the primary considerations, when purchasing property either domestically,
or on an international level, is raising the necessary amount of money.
Unless you happen to have enough ready cash just lying around (down the
back of the sofa, for instance…), chances are you will need to take
out a mortgage. There are several options:
1) Taking out a mortgage with a local bank. You may,
however, find yourself constrained by exchange control rules (where they
still exist). Even in jurisdictions where exchange controls have been
lifted, such as Spain, you may find that domestic banks and building societies
will charge non-resident foreign nationals higher rates of interest.
2) Taking out a mortgage or loan from a bank or building
society in your country of origin.
3) Taking out the mortgage offered by the developer.
Sometimes, with new complexes, developers will offer their own mortgages
in order to increase sales
4) Taking out a mortgage with an international institution.
Even if you are confident in your understanding of the processes involved
in purchasing property in your country of choice, this is probably the
most sensible option, for the simple reason there are likely to be issues
involved in dealing with an expatriate client which a local provider may
not have the expertise to cope with.
There are a growing number of international mortgage brokers and relocation
specialists offering international products tailored to meet the needs
of expatriate property investors, and although it is possible to go it
alone, you may find that enlisting the services of a professional company
experienced in dealing with international markets eases a purchase considerably,
as they are likely to be well versed in the processes and legislation
applicable to non-resident purchasers, and can often mediate between yourself
and the local entities involved.
What sort of mortgage?
There are several different sorts of mortgages available, so you should
really shop around to make sure that the international mortgage broker
or IFA you choose to handle your affairs offers a wide range of products,
from a varied group of international providers. Below is a basic rundown
of the different types of mortgage available, although not necessarily
all for your country of choice, so you need to check:
1) Repayment mortgages. With this type of mortgage,
you pay a little of the interest and a little of the capital off each
month, so that at the end of the term, the debt has been repaid completely,
and the property is yours. Although in the early years, very little of
the capital is repaid, as the amount of capital owed decreases, so does
the amount of interest which accrues, so towards the end of the term there
is a kind of 'snowballing effect' in terms of the amount of capital which
can be paid off at a time. This is generally considered the safest bet
in terms of mortgage loans, although it is usually more expensive than
an interest only mortgage.
2) Interest only mortgages. With one of these, your
payments to the lender simply pay off the interest on the loan, and the
capital is paid off at the end of the term. Monthly payments are (obviously)
lower than they would be for a repayment mortgage, and the idea is that
you put the money you save on repayments each month into an investment
fund, so that by the time the term ends, you will have accumulated enough
to pay off the mortgage. Or that's the theory. If your investments do
well, you could be in a position to repay the mortgage early, or have
some money left over at the end of the term. However, in order for that
to happen, your investment fund needs to bring you returns which are higher
than the interest you are paying on your mortgage, otherwise there will
be a shortfall at the end of the term.
3) Endowment mortgages. These used to be used quite
a lot in conjunction with interest only mortgages. They are designed to
guarantee that if you die before the end of the term, the mortgage will
be repaid, and to provide a means of paying off the capital owed at the
end of the term. However, there is no guarantee that an endowment will
repay the loan in full at the end of the term, and as with many pensions
and life assurance products, there are high 'front-end' costs. Where there
is preferential tax treatment for life assurance premiums they may still
be of some use, but as the majority of expatriates are excluded from the
benefits of domestic pensions investment, they are rarely suitable.
Usually, international mortgage providers will offer both repayment and
interest only mortgages at fixed, variable, capped and sometimes discounted
interest rates, all of which are fairly self explanatory, and have specific
benefits and disadvantages.
International home-owning - The logistics…
Several of the problems you may encounter if you decide to purchase property
in a country other than that in which you are resident are likely to be
logistical. Okay, so you can afford to take time off to find a property
in your country of choice, and maybe even visit a few times a year, but
that is likely to be all. This is where designated international organisations
come into their own.
For example, in Spain, the completion of a mortgage must take place in
front of an appointed notary, and all parties to the purchase including
the vendor, lawyers, the buyer, and a representative of the lender. However,
if you are unable to be there due to previous commitments (or simply geography!)
an international broker should be able to help you obtain a power of attorney,
allowing someone else to sign on your behalf.
Renting your property out when you are constantly on the move can be
a bit of a headache, but hiring a letting agent qualified in dealing with
international clients could take the pressure off. They can help you find
suitable tenants, prepare a letting agreement, take the security deposit,
deal with utilities bills, collect the rent (the important bit!), visit
the property on a regular basis, check empty properties, and undertake
property maintenance during a tenancy.
Costs
Ignoring taxation (which we will deal with in more detail later), and
quite apart from the cost of the mortgage itself, there are other expenses
to bear in mind when arranging a mortgage for your investment property,
and these vary considerably from country to country. For example, in France,
the fee level can be affected by the age of the property (as newer properties
attract lower charges), the number of people involved, and how many outside
agencies (e.g. estate agents, lawyers, brokers, letting agencies) are
involved.
If buying a property in France, (over and above the broker or IFA's fee)
you should be prepared to pay:
- A land registry fee, which will vary according to the age of the
property.
- The notaire's sales commission (where an estate agent is not used.
If an estate agent is used, their fees are usually paid by the seller
of the property).
- Stamp duty at varying levels (be warned that the rate rises quite
steeply on properties over five years old.
- The notaire's conveyancing fees, which vary according to the value
of the property.
As previously stated, costs will vary depending on the location of your
property. As you can see the issue of additional expenses needs to be
taken into account when deciding whether international property investment
is for you- although the returns can sometimes be spectacular, it ain't
cheap!
The tax implications of international property investment
Capital acquisitions tax, capital gains tax, inheritance tax, gift tax,
property transfer tax, VAT, stamp duty, tax on rental income, share transfer
tax, land tax…no, wait a minute. Come back…sit down and take
deep breaths - I didn't mean to frighten you. And see above for a description
of REITs, which 'pass through' their profits untaxed to individual investors,
although in certain countries there may be 'exit' or 'withholding' taxes
even for REIT income.
Although the majority of countries impose some kind of taxation on international
property investment by foreign nationals, it would be a rare (and unpopular!)
country which levied all of the above. The tax implications of your foreign
real estate investment will vary in complexity and impact according to
where it is located, and to a certain extent, what you intend to do with
the property when you have purchased it. As a general rule, in the majority
of countries if the tax authorities believe that the purchase was made
as a 'commercial' investment (i.e. if you habitually buy, renovate, and
sell on, or if you have bought undeveloped land with a view to building
a housing complex or leisure facility), they will view you as a property
dealer, and tax your investment accordingly at a higher rate.
Where taxes are levied on international property investment, they will
usually fall into the following categories:
1) Taxes on the purchase, acquisition or transfer of
the property or land, such as capital acquisitions tax, inheritance tax,
stamp duty and property transfer tax.
2) Taxes on the ownership of and/or residence in the
property, such as local and national property taxes, and land tax.
3) Taxes on rental income. (If you choose not to live
in the property, be aware that there may be additional taxes imposed on
non-resident or foreign landlords. Not necessarily devastating, but still
a factor to be considered if buying to let overseas.)
4) Taxes on disposal of the property, such as capital
gains tax, gift taxes, and death duties
As previously stated, property taxation regimes vary widely from country
to country, and you may feel that low, or no-tax jurisdictions are the
ideal choice for you. However, in some (although not all), due to limited
resources and space, property investment opportunities are limited only
to the very wealthy, who must be willing to contribute substantially to
the local economy, and purchase luxury real estate. Other jurisdictions
limit the number of foreign nationals permitted residence or work permits
in order to maintain the standards of living, and protect the employment
chances of existing residents.
Governments in non-tax haven countries tend to impose fewer restrictions
on property purchase for investment or residential purposes by foreign
nationals. However, in such countries, the likelihood is that you will
face more taxes on your investment. Some property investors choose to
purchase international property via an offshore company or trust in order
to bypass some of the taxes levied in high tax countries, and although
this can be a valid option, it is not suitable in all circumstances.
Although double tax treaties are of more interest to corporate and commercial
international property investors, they can sometimes have an effect on
the amount of taxation that an individual's real estate investment income
is subject to, especially if they are resident in a country which taxes
world-wide income, or are planning to purchase property in a country which
does this. Certain double tax treaties may enable you to claim tax paid
on rental income from overseas against your domestic income taxes, or
to receive dividends at a lower rate of withholding tax. However, the
number of different tax treaty models, and the sheer volume of treaties
in force on a global level make it impossible to give a comprehensive
picture of the likely consequences of a double tax treaty in any given
circumstances. We would therefore strongly recommend that you take advice
as to the potential implications from a qualified professional before
making a decision as to the location of your investment property.
Where you decide to purchase property is, in the final analysis, a personal
choice, and will need to be based on your circumstances, resources, and
eventual goals. If you have your heart set on retiring to a beachfront
house in the Bahamas, you are unlikely to be satisfied with a one-bedroom
apartment in Cyprus. If, however, you are looking to subsidise your income
by providing affordable housing to expatriates and other professionals,
the latter would be ideal. It all depends…
Although tax shouldn't necessarily be the most important consideration
when choosing a property, there is no denying that it's certainly up there
at the top of the list for most people.
So - Is it worth it?
The answer to this question will depend on your personal circumstances,
what you hope to achieve by investing, and how much you can afford to
spend. There is a vast spectrum of opportunities available within the
property investment field, ranging from the ridiculously expensive to
the nicely affordable, and with the help of an international broker or
IFA, you should be able to find something suited to your tastes and pocket.
Investing in a 'real' asset, as opposed to an intangible one can sometimes
provide more stability, and over the long term property has tended to
hold its value better than some other commodities. However, as the last
few years have shown only too forcibly, you do need to be aware that the
overall liquidity and health of the property markets, and possible fluctuations
in interest rates and inflation can affect the value of a real estate
investment. If we say on the one hand that it is generally possible to
achieve a very healthy return on a real-estate investment, on the other
hand we also need to paraphrase that old realtor's saw: 'location, location,
location' by saying that for a real estate buyer 'timing, timing, timing'
is everything.
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