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The Essence of REITs and Reconsideration of Related Regal System

  • Public Land Law Review
  • Abbr : KPLLR
  • 2013, 63(), pp.69-89
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Min, Tae-Wook 1

1한성대학교

Accredited

ABSTRACT

The main purpose of REITs is to provide small investors an opportunity to invest in larger income - producing commercial real estate that are hitherto largely unavailable to the average small investors. To protect small investors from the business risks associated with real estate investment, REITs' involvement in income-producing real estate is limited to a passive role. And tax law gives REITs favorable rax treatment. The essence that characterize REITs are providing small investors an opportunity to invest, passive income, favorable rax treatment. Our law introduced Real Estate Investment Company(Korean REITs) that benchmarked REITs. To invigorate Korean REITs in a short period of time, Law adopts some system that contradicts the essence of REITs. For the long - term development of the REITs market, It is desirable for Korean REITs to be faithful underlying role. So our law for REITs needs to be reviewed. First, to provide small investors an opportunity to invest, a minimum number of investors should be required for REITs and REITs should be listed on the stock market. The limit on a single investor's share ownership should be strengthened. Second, to preserve a passive role, it must be strictly disallowed for REITs to engage in development projects. Third, as long as it performs its expected role, a favorable tax treatment must be applied to all REITs.

Citation status

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