From JLL India
India has for the first time approved legislation allowing the creation
of real-estate investment trusts (REITs), a long-awaited move that should
result in greater stability for the real estate industry in the country.
The formation of REITs – funds that own real estate but have shares that
are listed on the stock market-will encourage the creation of big-ticket
institutional-grade buildings, and will give developers a ready outlet for
development projects.
Many institutional investors are put off investing in Indian property
because it is highly fragmented, sometimes with multiple members of an extended
family owning a building in strata-title fashion.
In a statement on Sunday, the Securities and Exchange Board of India (SEBI) outlined the basic rules for REITs.
Industry insiders say the rules are very similar to the REIT legislation on the
books in Singapore and Hong Kong.
The first talk about introducing REITs came as far back as 2008. But
previous administrations dragged their feet on codifying them. Property
professionals see their relatively sudden introduction after a consultation paper
last October as a credit to the administration of new Prime Minister Narendra
Modi and his BJP party.
“The new government is quick on their feet, and giving out decisions,”
Mr. Shobhit Agarwal, MD (Capital Markets in India) JLL, notes. “They are trying
to become more business friendly.”
Indian REITs, like many others around the world, will be required to pay
out 90 percent of their income from stable assets to investors. That will
result in a twice-yearly dividend. It makes REITs perfect “widows & orphans”
stocks since they spin off cash regularly and are relatively low-risk.
Only 20% of an Indian REIT’s assets can be invested in development, the
riskiest end of the real estate industry or /
in cash & cash equivalents for liquidity management, with a maximum
of 10% for the former. The remaining 80% of the fund’s assets must be invested
in income-producing property.
Since those projects – often office buildings or shopping malls - have
already been developed and already have tenants, their income stream is
relatively easy to predict.
While they may increase in value, the REIT will hold them long-term and
would not trade in and out of real estate.
“This is not meant for speculators,” Mr. Agarwal says. “These are for
investors that are looking for steady returns as opposed to capital
appreciation.”
The buildings must have multiple tenants to reduce risk to any one
company, and there must be a single ownership structure for any building that
is folded into a REIT.
The REIT must also hold multiple buildings, and cannot have more than 60%
of its assets in any one project. It must own assets worth US $ 82 million at
the time of going public, and must have an initial size of US $ 41 million on
the stock exchange when it lists.
Mr. Agarwal says that the market was not prepared when India opened up
its real-estate market to overseas investors. The government at the time was
keen for foreign investors to fund residential development rather than office
property. Under existing rules, foreign direct investment must go into new
projects under development.
Now overseas investors will be able to access stable assets via REITs.
JLL estimates that of the 37 Cr square feet of Grade A office stock in India,
17 Cr is of REIT standards.
At the same time as introducing REIT rules, SEBI also created a similar
structure known as an infrastructure investment trust that will allow
developers of infrastructure projects to sell those into a fund, with the same
requirement to distribute 90 percent of profits twice a year.
Mr. Agarwal believes the current REIT legislation will appeal most to
overseas investors because their tax will only be a 5% on capital gains, with
dividends untaxed. Indian investors paying corporate taxes are faced with
paying tax of 20% or / more.
But the government is looking into that disparity. SEBI is likely to
refine the REIT rules as the industry develops.
“What they have announced is a base - it can only get better from where
it is,” Mr. Agarwal says. “It is a big step for the government.”
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