Including Real Estate Investment Trusts (REITs) as 'institutional investors'

On 20 March 2013 the Chancellor of the Exchequer announced that the government would further consider the case for Real Estate Investment Trusts (REITs) being included within the definition of ‘institutional investor’.

This announcement follows on from recommendations received during the formal consultation on two possible reforms to the REIT regime which took place between 4 April and 27 June 2012:

1. the tax treatment of REITs investing in REITs
2. the potential role social housing REITs could play to support the social housing sector

Read the original consultation.

The government is interested in hearing from all stakeholders to assess the potential appetite for including REITs as “institutional investors” and the potential tax risk of such a measure. Responses to the specific questions listed below are welcomed. Where possible stakeholders are encouraged to provide evidence to support specific points.

1. How would this measure be beneficial to your investment model?
2. How much appetite is there in foreign and UK REITs to hold majority shareholdings in UK REITs?
3. What would be the impact of this measure in bringing additional investment (including foreign investment) into the REIT regime?
4. What practical issues that affect implementation should be considered, including avoidance risk? How can these be addressed?
5. How would this measure fit in with Double Taxation Agreements, particularly those with an effective rate of less than 15% (for holdings of 10% or less)? Would this measure generate risk of tax loss from the increased ability of foreign REITs to invest in UK REITs? How could this risk be minimised?
6. What other risks to the REIT regime could arise from including REITs as “institutional investors”? How can these risks be minimised?

Michal.Stelmach@hmtreasury.gsi.gov.uk.

After the consultation period has closed, the Government will consider the responses to the consultation.