In the occasion that a sponsor did not opt to avail of Section forty (c)(2) of the NIRC, the BIR RR likewise supplied for a 50-percentage tax incentive at the applicable documentary stamp taxes at the transfer of belongings to REIT. Such tax incentive at the DST can be availed of even previous to listing provided that such REIT may be listed inside years from the date of availment.
As for the switch of listed securities thru the alternate, the identical will nonetheless be concern to inventory transaction tax in lieu of all other taxes. Furthermore, as for dividends declared by using REITs, the same will be taxed at a final price of 10 percent challenge to sure exceptions. Additionally, no VAT shall also be imposed on any transfer of securities which form part of REITs’ real estate-associated property.
While maximum of the concerns of the general public at the moment are addressed through the revised IRR, several questions nonetheless continue to be particularly at the practical facet of the requirement of reinvestment by means of promoters and sponsors. Arguably, the duration of twelve months won’t be sufficient for this reason. A question then affords itself — could partial investment inside twelve months be considered as full-size compliance of the requirement? It stays uncertain if regulators including SEC and PSE may be bendy in imposing such reinvestment necessities, as a minimum in thus far because the duration to reinvest is worried.
Another query is on how such reinvestment will be made. For one, can this requirement of reinvestment be complied not directly via possession of stocks in real estate agencies or organizations engaged in mission infrastructure tasks? On the alternative hand, there are also some executional issues with admire to the 50-percent tax incentives at the documentary stamp tax for the transfers of belongings to REITs in particular with appreciate to the 2-year period requirement for listing from the date of availment.
It stays doubtful whether or not regulators could be flexible in this requirement specially if the postpone on listing can be because of sure factors past the control of the REIT, along with regulatory delays and market conditions amongst others.
Overall, however, interested stakeholders and actual estate enterprise gamers can also want to look into the viability and feasibility of setting up REIT in the Philippines in particular because the revised IRR of the REIT Law has addressed most of the criminal and realistic subjects that previously inhibit actual estate agencies from venturing to the enterprise of REIT. With maximum of the boundaries finally out of the way, the investing public has much greater to look ahead to. It might no longer be long earlier than one may want to ultimately say, REIT is in the end here!
Atty. Mark S. Gorriceta is the dealing with associate and head of the Corporate Group of Gorriceta Africa Cauton & Saavedra. He is considered an expert in capital markets and securities regulation. He is likewise the criminal recommend to some of the most important actual property agencies inside the Philippines. He is vice president of Finex’s ICT Committee.





