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Recent Developments in UK Property Regimes

This article discusses recent developments in the UK's immoveable property regimes, focusing on the introduction of the UK-REIT regime and its impact on the property market. It explores the market inefficiencies in the UK, the proposed rules for UK-REIT, and the interactions with double tax agreements. The article also highlights the challenges and potential future developments in the taxation of property income.

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Recent Developments in UK Property Regimes

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  1. Recentdevelopments in the UK: immoveable property regimes Michael Fekete, HM Treasury

  2. UK commercial property investment = c.£250bn • Source: IPF research 2005

  3. UK tax reform to improve efficiency of property mkt • First launched consultation in 2004 • Key Government objectives identified • Improving efficiency of property investment • Expanding access to a wider range of investors • Ensuring fairness for all taxpayers • Improve flexibility for tenants • Focused on common concept of a REIT

  4. What are the market inefficiencies in the UK? • Property is unique in one sense – can be held as investment either directly or indirectly. • Current tax system affects investor’s decision. • Quoted property company sector in decline. • UK-REIT aims to remedy this by aligning the direct and indirect taxation of rental income.

  5. Most REITs globally are company structures? rental income Company Company not taxed on capital gains from sale of investment properties Company not taxed on rental income Distribution Investor Investor taxed when receives distribution Tax investor at point investor sells shares Aim is to tax the investors as though they were investing directly

  6. Current proposed rules for UK-REIT regime • Company listed on Recognised Stock Exchange. • At least 75% of income and assets must be ‘property rental’ • Exempt from corporate tax on this ring-fenced income but must distribute 95% of net profits to investors. • No shareholder more than 10% holdings.

  7. Interactions with Double Tax Agreements • Starting principle is country with source of property income has primary taxing rights. • OECD model Article 6 : direct investment. • Property is ‘lumpy’ asset so indirect investment may offer better opportunities e.g. company. • Significant history of taxing the distributions from companies: i.e. dividends (Article 10).

  8. Taxation of dividends in REIT models rental income Company UK investors receive ‘property income distribution’ Overseas investors receive ‘dividends’ Distribution Investor Common treatment of dividends is a challenge to REIT principle

  9. Looking to the future • Property is unique (direct vs. indirect). • Challenge for tax treaties to accommodate income from property and property market issues. • OECD model could offer some clarifications on how REITs globally are treated. • REITs are an example of use of corporate structures for collective investment.

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