ABSTRACT
The study of taxation system on indirect investment
in real estate
Hwang, Jinho
Indirect investment in Korean capital market had been developed by means of investing mainly in stocks and securities, however, due to the slow and low growth...
ABSTRACT
The study of taxation system on indirect investment
in real estate
Hwang, Jinho
Indirect investment in Korean capital market had been developed by means of investing mainly in stocks and securities, however, due to the slow and low growth of the economy of the world and Korea more interests toward real estates indirect investment is increasing and the funds are heading to real estates which are characterized primarily by stability and fixability, increasing insecure(unstable) factors in the domestic and foreign economy, low growth rate and low interest rate led indirect investment in real estate in Korea to grow and continouosly develop because of its advantage in terms of cashability and liquidity, however, since the indirect investment in real estates in Korea was introduced under very special circumstance in 1997 experiencing the restructuring finance from IMF when Korea encountered foreign exchange crisis, with purpose of restructuring enterprises led by government rather than following the market logic, there was not enough discussions on its fundamental and the arguments on the avoidance of tax by some foreign capitals and investment vehicles caused negative influence on the recognition of indirect investment on real estates. Direct investment focusing mainly on lot-out of newly built buildings was dominant in Korean real estate market until global financial crisis occured in 2008 and indirect investment in real estate market was more focused on strengthening the market regulation rather than promoting(revitalizing, activating) the market.
Real estate investment in major advanced countries, it is not only a common form of investment but also the scope of real estate is more broadly defined than Korea so that diversified type of indirect investment can be realized in the market.
Currently with the shift of recognition of the real estate investment from generating profit-taking(margin, capital gain) to generating income(rate of return) in Korean market, the importance of indirect investment on real estate market is growing consistently because different to direct investment, it is easier to obtain stable income source, it allows opportunity to invest in capital intensive asset with small amount of capital. In this regard, it is prospected that indirect investment in real estate will become the major way of investing form in Korea.
The most typical types of real estate indirect investment are REITs and funds, a kind of indirect investment instrument that investment institutions which are financed from investors manage real estate assets and return its income to investors(shareholders). In a sense that investors contribute to the real estates indirectly the concept of those two types is similar but the establishment requirement and management regulation is defined differently depending on its governing law and related judiciary policy.
This study aims to examine the legal structure of each acts that allows indirect investment in real estate in Korea, to focus on current status and taxation system related to it and through comparison with foreign countries cases, to discuss on the current taxation problems and ways to improve it(indirect investment in real estate in Korea). The restructuring finance (bailout loan) provided from IMF in 1997 triggered by foreign currency crisis required intense level of restructuring as a result of going through the procedure of restructuring enterprises, there a need to invest and analyse professionally and systematically in real estates was raised so that diversified type of indirect investment in real estates was gradually allowed from 1998.
In 1998, the amendment to [TRUST ACT] allowed money trust and financial institutions were could finance funds to real estate development business through money trust, [ASSET-BACKED SECURITIES ACT] enacted in 1998 introduced liquidation system for ABS(Asset-Backed Securities) and in 1999 [SPECIAL PURPOSE COMPANIES FOR MORTGAGE-BACKED BONDS ACT] was enacted to allow the introduction of the liquidation system for mortgage-backed bonds. The enactment of [REAL ESTATE INVESTMENT COMPANY ACT] in 2001 brought REITs form in the market, [INDIRECT INVESTMENT ASSET MANAGEMENT COMPANY ACT] established in 2003 was replaced by [FINANCIAL INVESTMENT SERVICES AND CAPITAL MARKETS ACT] legislated in 2007 and put in force from 2009.
The purpose of this study is to improve the taxation system to activate indirect investment in real estates and so that based on the substantial(actual) taxation principle, the fundamental principle of taxation, it will analyse the problems appeared in the subjects of double taxation self-managed REITs, foreign tax payment credit for indirect investment in real estates and problems of tax regulation on foreign SPC(Special Purpose Company) and will discuss ways to improve the current problems and lastly it will concentrate principally upon the suggestion of consistent taxation standard on real estate indirect investments.
KEYWORDS : Real estate indirect investment, REITs, Fund,
Self-managed REITs, Foreign tax payment credit