How many investors must a real estate investment trust REIT have?
A REIT must primarily develop properties for its own portfolio versus building or rehabbing properties for sale to other owners. Additional qualifications are: No more than 50% of its shares may be held by five or fewer shareholders. After one year, the REIT must have at least 100 shareholders.
To ensure compliance with these tests, most REITs include percentage ownership limitations in their organizational documents. Due to the need to have 100 shareholders and the complexity of both of these tests, it is strongly recommended that tax and securities law counsel are consulted before forming a REIT.
However, one of the key requirements to maintain REIT status is to have at least 100 equity holders by January 30 of the following tax year in which REIT status is elected. This REIT 100 Investor Test is non-negotiable and is essential for compliance with REIT rules.
A REIT must have at least 100 shareholders (the “100 shareholder test”) for at least 335 days of a 12-month taxable year or during a proportionate part of a taxable year that is less than 12 months.
A REIT will be closely held if more than 50 percent of the value of its outstanding stock is owned directly or indirectly by or for five or fewer individuals at any point during the last half of the taxable year, (this is commonly referred to as the 5/50 test).
- Invest at least 75% of total assets in real estate, cash, or U.S. Treasuries.
- Derive at least 75% of gross income from rents, interest on mortgages that finance real property, or real estate sales.
- Pay a minimum of 90% of taxable income in the form of shareholder dividends each year.
According to IRS requirements, your company must have at least 100 shareholders by its second tax year to qualify as a REIT. This means you can start your operations with two or more shareholders if you reach the requirement a year later.
While they aren't listed on stock exchanges, non-traded REITs are required to register with the SEC and are subject to more oversight than private REITs. According to the National Association of Real Estate Investment Trusts (Nareit), non-traded REITs typically require a minimum investment of $1,000 to $2,500.
This is known as the geographic market test. Section 856 (d)(2) (C) excludes impermissible tenant service income (ITSI) from the definition of rent from real property, making it “bad income” for the 75% and 95% REIT gross income tests.
Recently, the SEBI board notified regulations in REITs to create a system of regulation for Small and Medium REITs (SM REITs) with an asset value of at least Rs 50 crore vis-a-vis minimum asset value of Rs 500 crore for existing REITs.
What is the 90% REIT rule?
To qualify as a REIT, a company must have the bulk of its assets and income connected to real estate investment and must distribute at least 90 percent of its taxable income to shareholders annually in the form of dividends.
The acronym R.E.I.T stands for “Real Estate Investment Trust,” however, a REIT does not necessarily need to be formed as a trust. In fact, many REITs are formed as corporations and nothing precludes a REIT from being formed as a partnership or LLC.
The Housing Partnership Equity Trust, which includes Denver-based Mercy Housing, LINC Housing Corp. in Long Beach, and Las Vegas-based Nevada HAND, is the country's first REIT to be owned and operated by nonprofits and the second to focus on affordable housing.
For Group REITs, the consequences of leaving early apply when the principal company of the group gives notice for the group as a whole to leave the regime within ten years of joining or where an exiting company has been a member of the Group REIT for less than ten years.
The value of a REIT is based on the real estate market, so if interest rates increase and the demand for properties goes down as a result, it could lead to lower property values, negatively impacting the value of your investment.
The majority of REIT dividends are taxed as ordinary income up to the maximum rate of 37% (returning to 39.6% in 2026), plus a separate 3.8% surtax on investment income. Taxpayers may also generally deduct 20% of the combined qualified business income amount which includes Qualified REIT Dividends through Dec.
REITs pool capital of numerous investors (just like a mutual fund) to invest in large-scale, high-value income producing real estate. This makes it possible for individual investors to earn income/dividends from real estate investments without having to buy, manage or finance any properties themselves.
Keep in mind that private REITs are only available to accredited and institutional investors, so they aren't for the average retail investor hoping to invest a small amount. They also often require higher minimum investments, which can range up to $25,000, according to Nareit.
REITs make their money through the mortgages underlying real estate development or on rental incomes once the property is developed. REITs provide shareholders with a steady income and, if held long-term, growth that reflects the appreciation of the property it owns.
Public REIT s are listed on a public stock exchange and their units can generally be purchased through an investment dealer. Private REIT s are not listed on public stock exchanges; therefore, they are considered private investments. Their units are purchased through the exempt market.
Is owning REIT same as owning real estate?
A REIT, or real estate investment trust, allows investors a way to add real estate to their portfolio without actually having to buy, manage or directly assume the risk of that property.
Since most non-traded REITs are illiquid, there are often restrictions to redeeming and selling shares. While a REIT is still open to public investors, investors may be able to sell their shares back to the REIT. However, this sale usually comes at a discount; leaving only about 70% to 95% of the original value.
Private REITs are real estate funds or companies that are exempt from SEC registration and whose shares do not trade on national stock exchanges. Private REITs generally can be sold only to institutional investors.
Can You Lose Money on a REIT? As with any investment, there is always a risk of loss. Publicly traded REITs have the particular risk of losing value as interest rates rise, which typically sends investment capital into bonds.
REITs allow investors to pool their money and purchase real estate properties. By law, a REIT must pay at least 90% of its income to its shareholders, providing investors with a passive income option that can be helpful during recessions.
