It could be observed from all the actions taken by the Government that it is ensuring that while the country is struggling with the pandemic, the businesses go on smoothly. Previously, the regulator, SEBI had allowed postponement in the time-limit for the submissions required to be done by all the REITs and Invits.

However, announcing by way of circular on July 1, 2020, that the regulator has further extended the deadlines for submitting the required documents and fulfilling requisite compliances for the Real Estate Investment Trusts (REITs) and Infrastructure Investment Trusts (InViTs) for the financial year 19-20 ended March 31, by further one month exceeding the last deadline given by the SEBI in March.

The regulator SEBI has now eased further the deadlines for fulfilling compliances for the administration of investment vehicles i.e. REITs and InviTs for a month after taking reasonable notes from the surroundings as an outcome of the global pandemic.

What do you mean by REITs?

Real estate investment trusts (REITs) and INVITs are primarily investment vehicle companies that possess, operate, or finance, income-generating sector of the real estate. It has a structure similar to that of the mutual funds, having a pool of abundant investors with capital.

Such entities are primarily known as investment vehicles and allow individual investors to receive higher rates of dividends by making investments in real estate without having to purchase, finance, or manage any property.

Criteria to qualify as REITs-

To succeed as a REITs or Invit, the basis of the criteria for the company shall be to qualify the Internal Revenue Code (IRC).

Other than these, such entities should predominantly possess real estate long term income-generating and issue income to their shareholders.

Precisely, a company must obligate the following requirements to succeed as a REIT-

  • Carry investments in at least 75% of total assets in either real assets or cash or US Treasuries;
  • Extract its revenue from various sources like rents collections, interest on mortgages by financing real property or real estate sales, etc.which shall be equal to at least 75% of the gross income of the entity;
  • Payment of a minimum limit of at least 90% of the taxable income by way of shareholder dividends each year;
  • an entity that like a corporation;
  • To be managed by either a board of directors or trustees;
  • Has at least 100 shareholders within two  years of existence;
  • Has not more than 50% of its shares owned by not more than five individuals or lesser;

What compliances have been extended for a month later?

As per the norms prescribed by the SEBI, such entities are required to fulfill compliances such as-

It is the responsibility of a manager to submit documents like the annual report to the regulator and providing to all the of the REIT or INVITs investors taking regard of the activities of such investment vehicle from the closure of three months from the end of the financial year.

Such annual report must include details like-

  • a  brief report of activities of the REIT or InvITs  prepared by the manager;
  • a  summary of the financial statements both the audited standalone and consolidated form;
  • a detailed report on the analysis and management discussion  by the directors on the activities of trusts held during the year;
  • Further estimations and the proposed course of action in the future;
  • Details about the activities related to raising funds, risk factors, or any other essential material changes.

Therefore, by giving such relaxations the securities regulator has given relaxed the burden on the InviTs and REITs to fulfill the compliances.

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Disclaimer: The contents of this article are for information purposes only and does not constitute an advice or a legal opinion and are personal views of the author. It is based upon relevant law and/or facts available at that point of time and prepared with due accuracy & reliability. Readers are requested to check and refer relevant provisions of statute, latest judicial pronouncements, circulars, clarifications etc before acting on the basis of the above write up.  The possibility of other views on the subject matter cannot be ruled out. By the use of the said information, you agree that Author / TaxGuru is not responsible or liable in any manner for the authenticity, accuracy, completeness, errors or any kind of omissions in this piece of information for any action taken thereof. This is not any kind of advertisement or solicitation of work by a professional.

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