Qouted from PWC,
QUOTE
By Jennifer Chang, Senior Executive Director
Enhancement of tax transparency system
The tax transparency system for REITs was introduced with effect from year of assessment 2006. Under the system, where a REIT distributes income to investors, the REIT need not pay income tax on its taxable income; instead investors will pay the tax on their portion of taxable income received from the REIT, depending on their own marginal rates of tax. This system ensures that investors bear the tax on investment income from REITs. Any undistributed income will continue to be taxed at REIT level.The tax transparency system has been further enhanced in Budget 2007. Where the REITs distribute at least 90% of income to investors, the REITs will be fully exempted. This has two main benefits. Firstly, it encourages REITs to distribute income to investors thereby ensuring higher yields to investors; and secondly, the REITs that distribute 90% or more income need not monitor whether income has been taxed or not, thereby reducing administrative burden.
What is interesting to note is that if a REIT does not distribute at least 90% of its income to investors, the tax transparency system will not apply to the REIT. This will obviously encourage REIT managers to distribute at least 90% of income to investors, thus providing investors more certainty of the yields from their investments in REITs.
Such enhancement to tax transparency is indeed welcome as it is globally in line with the tax system of REITs in most foreign jurisdictions.
Reduction of investors’ tax
The next tax initiative in this area is the reduction of tax on REIT investors. Due to the tax transparency system, investors are taxed based on their own marginal tax brackets. This would mean that distributions received by a high net worth individual would be taxed at a higher tax rate compared with those of a retired individual, while a foreign investor is taxed through a 28% withholding tax mechanism.
Budget 2007 provides tax incentives to entice specific investors to the Malaysian REIT market through the reduction of tax on the investors. It has proposed that distribution received by individuals be subject to a withholding tax of 15% and that received by foreign institutional investors be reduced to 20% from 28% before.
The proposed reduction of withholding tax will be effective from Jan 1, 2007 and will be for five years.
The main beneficiaries of the tax reduction will be foreign institutional investors, foreign individuals as well as other non-corporate local entities. Only higher tax paying Malaysian individuals will benefit from the reduction. This could be in tune with the current investor profile for REITs. Such tax reduction will certainly make REITs an attractive investment choice and enhance the competitiveness of Malaysian REITs globally.
Without doubt, the tax incentives proposed in Budget 2007 would enhance our Malaysian REIT market. Such tax incentives are part and parcel of the aspirations to secure Malaysia as an International Islamic financial centre and will provide viable products for investments in the Malaysian market.
The writer is a senior executive director at PricewaterhouseCoopers Taxation Services Sdn Bhd
It means if you buys a properties out there, and you are getting income from the properties rental, those are classified as you taxable income, so if you tax bracket is 28%, then you have to pay 28% out of the rental net income.
But for reit, you need just to pay the 15% witholding tax only. So compared to 28% you are paying for ordinary properties rental income.
That's why is it said benefit the higher tax bracket people. In fact for lower tax bracket one (less than 15%), it loses out.