RD 23 April 2018 (published 17 May 2018) – B-REIT RD
RD amending RD of 13 July 2018 on regulated real estate companies (B-REITs) published
This RD is an amendment to the RD of 13 July 2014 on regulated real estate companies (B-REITs).
This amendment was essential to align the existing RD with the changes to B-REIT Act of 12 May 2014 as introduced by the Act of 22 October 2017.
The goals are threefold:
Under certain conditions, i.e. an investment of €100,000 or more, individuals are allowed as shareholder in an "Institutional B-REIT". As a result family owned real estate can now be contributed to an Institutional B-REIT by which it benefits, among others, from the same transparent tax regime.
Control provisions have been abolished and in case of JVs the participation threshold has been reduced to 25 % plus one share in the subsidiary ("perimeter company"). The articles 18 to 22 of the old B-REIT RD have been abandoned. These provisions provided for a rigid requirement of control in a JV and an obligation to include call/ put options in favor of the REIT in case of a deadlock situation whereby the sale price needed to be determined by an expert.
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