Chapter 21: Real Estate Investment Trusts (REITs) McGraw-Hill/Irwin Copyright © 2011 by the McGraw-Hill Companies, Inc. All rights reserved. Real Estate Investment Trusts Creation of the Internal Revenue Code Pass-through entity: No corporate taxes Asset requirements – 75% test Income requirements Distribution requirements – 90% rule 21-2 Real Estate Investment Trusts Ownership requirements – 100 person minimum Pre-1986: Management Activity Restriction 1986 Tax Reform Act relaxed the restriction and led to vertically integrated operating companies 1991 Kimco Realty Offering Taubman Realty Offering – Umbrella Partnership REIT (“UPREIT”) 21-3 Real Estate Investment Trusts Tax treatment – Accelerated depreciation – 40-Year asset life – REIT dividends Taxed as ordinary income 1999 Real Estate Modernization Act – “Usual and customary” provision of services. This was especially beneficial to REITs that owned hotels. – Taxable REIT subsidiaries 21-4 Exhibit 21-1 21-5 Real Estate Investment Trusts Equity trusts – Specializations Property type Trust duration – Investment appeal Diversified portfolio Liquidity 21-6 Real Estate Investment Trusts Equity trusts – Investment appeal Mutual funds Exchange traded funds International REITs Closed-end funds 21-7 Real Estate Investment Trusts Equity trusts – Caveats Purchase of original property not arm’s length Conflicts of interest – Safeguards Appraisals Sarbanes-Oxley 21-8 Real Estate Investment Trusts Private REITs – Targeted to institutional investors – Syndicated to investors – Incubator REITs Mortgage REITs – Mortgage REITs have come back into favor again. The last time Mortgage REITs were popular was in the 1970’s. Hybrid REITs 21-9 Real Estate Investment Trusts Funds from Operations (FFO) – REIT equivalent to earnings per share – Depreciation impact Adjusted Funds from Operations (AFFO) Funds Available for Distribution/Cash Available for Distribution (FAD/CAD) – FAD/CAD is the amount of actual cash that is left over. 21-10 Real Estate Investment Trusts Expansion & Growth – Little Free Cash Flow Income distribution rules – Secondary Stock Offering Dilution vs. accretion – Debt Financing 21-11 Real Estate Investment Trusts Growing income – Existing properties Rental income Redevelopment – Acquisitions Purchase properties with cash at positive spreads. Swap shares for property interests. 21-12 Real Estate Investment Trusts Growing income – Development – Provision of services Property management, brokerage, development, etc. – Financial engineering Improve financing terms and lower capital costs. 21-13 Real Estate Investment Trusts Additional issues – Tenant improvements & free rent – Leasing commissions & costs – Straight-line rents – Income from managing other properties – Types of mortgage debt – Ground leases 21-14 Real Estate Investment Trusts Additional issues – Lease renewal options – Occupancy numbers: occupied vs. leased space – Retail REITs: Sales per square foot – Costs of being a public company Sarbanes-Oxley 21-15 Real Estate Investment Trusts Mortgage REITs – Does not own real property. Does own mortgage paper. 21-16