QUOTE(cherroy @ Sep 9 2015, 10:03 AM)
Yes, that's true.
I don't know what is issue raised behind of the statement, that's why I guess it is about the issuance of unit to pay for manager fee.
As in ordinary sense on issuance new unit for capital, it doesn't attract GST.
So this need to be sort out between Reit manager and Custom.
As in term of tax perspective, it must attract GST if the issuance of new unit as a form of payment, which is fair stand by Custom pov.
My take on this:
1. SUNREIT's business operations is mostly standard rated (hotel, retail office).
2. By issuing units to a supplier (REIT manager), this would constitute as an exempt supply as per Customs (Refer to Guide on Fund Management).
3. If you have exempt supplies, that means any related input-tax incurred in generating/providing those exempt supplies can not be claimed, hence will charged out to P&L as an expense. This reduces the distribution to unit holder's.
4. I think it is too much of a hassle (paper work - messing around with tax invoices and normal invoices, contra notes, transfer applications and cashflow) to bother with two types of supplies. This distracts you from focusing on the standard rated operations and getting more profits to distribute out.
The following is the final para obtained from 2015 AR from CEO statement.
"The Manager will reduce the payment of Manager’s fees in the form of new units, from 50% to 25% in FY2016 and shall cease payment of Manager’s fees in the form of new units in FY2017. In all, we endeavour to deliver stable growth in distribution per unit in FY2016. "
I guess based on that statement they should be almost done negotiating with Customs. Ideally they should be proposing for the change in treatment for issuing units from being a "tax exempt" supply to become a "zero rated" supply. If that materializes, then everyone will benefit.