Real Estate Investment Trusts (REIT)

 


 

WHAT IS A REAL ESTATE INVESTMENT TRUST?

Of the estimated $55 trillion in capital wealth within the United States approximately forty percent consists of investment in real estate (Griffin Capital, WSJ) � including both personal residences and the nation�s supply of income-producing commercial properties. Multiple means exist by which to make an investment in real estate, and one popular vehicle is through a Real Estate Investment Trust, or REIT. Congress enacted REIT legislation in 1960 to allow an individual investor to combine capital with other investors to acquire or finance a diversified portfolio of large-scale, income producing real estate assets.

A REIT is a corporate designation which, to the extent it abides by specific rules and restrictions, is not required to pay corporate income taxes. All dividend distributions made by the REIT to its investors are taxed only at the investor level�thereby avoiding any �double taxation.�

In order to qualify as a REIT, an otherwise taxable domestic corporation must:

  • Be managed by an independent board of directors or trustees;

  • Be jointly owned by 100 or more stockholders with no more than five or fewer investors owning more than 50% of the REIT;

  • Earn at least 95% of its income from dividends, interest, and property income;

  • Pay dividends to its shareholders of at least 90% of the REIT's taxable income;

  • Invest at least 75% of its assets in real estate; and

  • Derive at least 75% of its gross income from rents or mortgage interest.  

 WHAT ARE THE TRADE-OFFS BETWEEN OWNING A PUBLIC AND A PRIVATE REIT?

Like any corporation, a REIT can either be privately held or publicly owned. If publicly owned, the REIT may have its shares listed on a stock exchange, or its shares may be unlisted. Though a publicly registered, unlisted, or non-traded, REIT is often referred to as �private REITs,� the non-traded REIT is a public company, required to file quarterly, annual and other reports with the Securities and Exchange Commission. There are certain trade-offs between owning a publicly traded REIT and a private or publicly registered non-traded REIT (collectively referred to herein as a �Private REIT�):

  • The public, exchange-listed and traded REIT (�Public REIT�) is subject to the daily fluctuations of the market whereas the Private REIT�s share price generally does not change and can therefore be perceived as less volatile.

  • Public REITs trade on an exchange and are therefore easy to sell whereas Private REITs have no such public market access and are therefore less liquid.

  • Private REIT shareholders are typically compensated for the comparative lack of liquidity, relative to the Public REIT, through a higher percentage dividend return.

 RECENT COMPARATIVE PERFORMANCE

While publicly traded REITs have certain advantages such as liquidity, diversification and a much larger selection, from a purely performance perspective, if an investor had acquired a diversified portfolio of stocks at the end of 2003 as represented by the S&P 500 Index, over the course of the ensuing five years the investor would have been down 18.8%. Similarly, if that same investor had acquired a portfolio of diversified, public REIT stocks, as measured by the National Association of Real Estate Investment Trusts (NAREIT) index, the investor�s cumulative return, although hitting a high of 89.7%, would have ended the period down 2.3%. However, if that investor had purchased a private REIT, given the relatively constant share price and assuming the portfolio generated a market representative dividend yield of 6.75%, the investor would have earned over 38.6% during that five year period, a portion of which may represent a return of capital. This lack of pricing volatility in private REIT shares lends stability to the investor�s total return.

TYPES OF REITS

Regardless of whether a REIT is publicly-traded, non-traded or private, REITs generally invest in, and often specialize in, a particular type of real estate such as shopping centers, office buildings, apartments, industrial buildings, health care facilities or hotels. Further, the REIT may acquire the properties and earn income through rent collection�Equity REITs�or lend money to property owners and earn interest income�Mortgage REITs. Some REITs both own assets and lend mortgage money�Hybrid REITs. 

WHAT IS A NET LEASE?

The REIT may actively manage the underlying real estate asset as is typically the case with a multi-tenant property. However, if the asset is occupied by a single tenant, it often leases the property to the tenant pursuant to a long-term net lease. A net lease is a commercial real estate lease in which the tenant pays a base rent plus all or a portion of the landlord�s operating and capital costs. If the tenant pays, in addition to base rent, the property taxes, insurance, utilities and maintenance and repair expenses of the property, the lease is referred to as a �triple-net lease.� In certain instances, the landlord may be responsible for structural repairs (e.g., roof and parking lot) to the property. Properties subject to net leases often include a provision for contractual rental rate increases, which may occur as frequently as annually and which may be a fixed percentage increase or subject to changes in a variable index such as the Consumer Price Index.

  • The credit quality of the lease payment is determinable and is equivalent to the senior unsecured credit rating of the tenant.

  • Long term leases may potentially provide a consistent and predictable income stream across market cycles.

  • Short term leases offer potential for income rental rate increase and net appreciation upon lease renewal.

  • The net lease structure, where the tenant pays the property related expenses, provides the landlord protection from escalating expenses.

  • The critical nature of the asset to the tenant�s business provides greater default protection relative to the tenant�s balance sheet debt.

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