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Power of Attorney
REITs – Real Estate Investment Trusts

REITs (Real Estate Investment Trusts) or as they are known in Spanish SOCIMIs (Sociedades de Inversión en el Mercado Inmobiliario) are being introduced in Spain and are expected to become law during 2009.

The proposed rules governing REITS or SOCIMIs are similar to those already existing in other EU member states for this type of collective investment vehicle. Although the draft bill must pass through various parliamentary stages before it is approved the main features, as it is currently drafted, are as follows:-

Objectives

  • Its principle activity must be the acquisition and development of urban real estate assets acquired for rental purposes.
  • It must be listed on the securities market.
  • It must have a minimum capital of EUR15 million.

Investment and net worth requirements

  • 90% of assets must be in the form of urban real estate for rental purposes or shares or stock in other approved REITs.
  • Minimum holding requirements (3 years in the case of property acquired for rental/lease and 7 years where the property has been developed by the REIT).
  • Net worth must not be lower than 45% of the value of urban real estate held – implies a leverage limit of 55%.

Distribution of profits

  • At least 90% of income derived from rental and 50% of income derived from real estate sales must be distributed to members annually.

Taxation

  • The REIT or SOCIMI will pay 0% corporate income tax on taxable income arising from rental or property sales.
  • Members will be taxed on dividends received.

REITs or SOCIMIs are aimed at putting life back into the stricken real estate market which has dropped off by more than 40% in the last 12 months and will offer a valuable channel for Spanish banks to sell off the billions of euros of property they are accumulating as a consequence of Spain’s distressed property market.

Property developers and investors say that the legislation, as it is currently drafted, is far too complex and restrictive and will therefore be of little benefit and are lobbying for the removal of limits on investments, distribution of profits and levels of debt.

It remains to be seen whether REITs or SOCIMIs will throw a lifeline to the almost crippled Spanish real estate sector.

 
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