Asia Pacifi c Real Estate Investment Country Guides

Page created by Emily Bowman
 
CONTINUE READING
Asia Pacifi c Real Estate Investment Country Guides
Savills World Research
                                                 Asia Pacific

Asia Pacific Real Estate
Investment Country Guides                            2018

                                     Australia | China
                     Hong Kong | Indonesia | Japan
                Malaysia | New Zealand | Philippines
                              Singapore | South Korea
                        Taiwan | Thailand | Viet Nam

                                   Includes UK and US

                                         savills.com.hk/research
Asia Pacifi c Real Estate Investment Country Guides
Asia Pacific | Investment Country Guides

An introduction to Savills

                                                                                                                                         Asia
     Australia               Hong Kong             Taiwan
       Adelaide                Central (2)            Taichung
       Brisbane                Taikoo Shing (2)       Taipei

                                                                                                                                         39
       Canberra                Tsim Sha Tsui
       Gold Coast                                  Thailand
                                                                                                          5
       Gordon                India                   Bangkok
       Lindfield                Bangalore
       Melbourne                Mumbai             Vietnam                                                                               Offices
       Notting Hill             Gurgaon               Da nang
       Parramatta                                     Hanoi
       Perth                 Indonesia                Ho Chi Minh City
       Roseville                Jakarta
       St Ives
       Sunshine Coast        Japan
       Sydney                  Tokyo
       Turramurra
                             Macau                                                               3
                               Macau
     China
       Beijing               Malaysia
       Chengdu                 Johor Bahru
       Chongqing               Kuala Lumpur

                                                                                      & Ne w Z
       Dalian                  Penang

                                                                                lia
       Guangzhou
                             New Zealand
       Hangzhou
                                                                          ra

                               Auckland
                                                                                                ea

       Nanjing
                                                                         Aust

                               Christchurch
                                                                                                 land

       Shanghai
       Shenyang
       Shenzhen
       Tianjin
       Wuhan
       Xiamen
       Xi’an
                             Singapore
                                Singapore (3)

                             South Korea
                               Seoul
                                                                                 17   Offices

       Zhuhai
                                                                                                                                     6

Source: Savills Research & Consultancy

Savills is a leading global real                  and Viet Nam. Savills provides a               We are regarded as an innovative-
estate service provider listed on                 comprehensive range of advisory                thinking organisation supported by
the London Stock Exchange. The                    and professional property services             excellent negotiating skills. Savills
company, established in 1855, has a               to developers, owners, tenants and             chooses to focus on a defined set of
rich heritage with unrivalled growth.             investors. These include consultancy           clients, offering a premium service
The company now has over 600                      services, facilities management,               to organisations and individuals
offices and associates throughout                 space planning, corporate real estate          with whom we share a common
the Americas, Europe, Asia Pacific,               services, property management,                 goal. Savills is synonymous with a
Africa and the Middle East.                       leasing, valuation and sales in all key        high-quality service offering and a
                                                  segments of commercial, residential,           premium brand, taking a long-term
In Asia Pacific, Savills has 56                   industrial, retail, investment and hotel       view of real estate and investing in
regional offices comprising over                  property.                                      strategic relationships.
25,000 staff. Asia Pacific markets
include Australia, China, Hong Kong,              A unique combination of sector
India, Indonesia, Japan, Macau,                   knowledge and entrepreneurial flair
Malaysia, New Zealand, Singapore,                 gives clients access to real estate
South Korea, Taiwan, Thailand                     expertise of the highest calibre.

02
Asia Pacifi c Real Estate Investment Country Guides
2018

Contents
    Australia     05
       China      11
 Hong Kong        25
   Indonesia      29
      Japan       35
   Malaysia       39
New Zealand       43
  Philippines     47
  Singapore       51
South Korea       57
     Taiwan       61
    Thailand      65
   Viet Nam       69

         UK       73
         US       77

            savills.com.hk/research   03
04
Asia Pacific | Investment Country Guides                                                                                                        2018

Australia

Overview                                    TABLE 1
A Federal election in Australia             Key statistics
returned a conservative Government
in the middle of the year. This has           Official name                            Australia
given some continuity to economic                                                      Australian dollar (100 cents),
policy and seen a return of business          Currency                                 floating currency
and consumer confidence. There has                                                     US$1 = AU$1.25 (1 February 2018)
been very little change in fiscal policy,     Population                               24.511 million (Q1/2017)
with most Federal Government policy
settings remaining unchanged. Policy          Land area                                7.69 million sq km
direction in areas of infrastructure          Gross domestic product (GDP) per         AU$74,100; US$50,718
spending, immigration and taxation            capita
continue to evolve, but changes to                                                     2.6% per annum (financial year [FY] 2016)
date have been limited.                       GDP growth                               2.1% per annum (FY 2017)
                                                                                       2.5-3.5% per annum (FY 2018E)
Australia has employed a number               Principal business centres               Canberra, Sydney, Melbourne, Brisbane, Perth, Adelaide
of counter measures to offset the
impact of a fall in trade. The floating     Source: Australian Bureau of Statistics

currency has played a significant
role in sheltering the economy as           land registries established in each          Freehold estate in fee simple
it moved from a high of around              state and territory. While the system        This is the most common form of
AU$1.10 against the US dollar to            is essentially the same in each              land ownership in Australia, and
around AU$0.75 currently. At the            Australian state and territory, the          represents the most complete
same time, the Reserve Bank of              registration requirements vary. Under        ownership interest available to
Australia lowered the official cash
                                            the Torrens title system, the relevant       persons other than the Crown. A fee
rate to an historic low of 1.50%.
                                            state or territory guarantees title to       simple estate is of unlimited duration.
Finally, the Federal Government
                                            the person who is recorded on the
continues to support historically high
                                            register as the owner of the land            Leasehold interest
levels of skilled immigration.
                                            (the exception being in the case of          Leasehold interest is the interest
The effect of these three strategies        fraud). A transfer of ownership of           which a tenant or lessee acquires
has been to assist the transition of        Torrens title land is effected through a     from the owner of the land to use and
economic growth in the Australian           change of the record on the register.        occupy the land for a limited period.
economy from mining to non-mining           The registered owner holds their             Most commercial leases are for a
activities. Housing construction,           ownership interest subject to prior          fixed period of time. Generally, where
consumption, tourism and education          registered interests and, subject to         the land is owned by the Crown, a
are now contributing to GDP growth,         the relevant legislation in each state       person may take a long-term (often
albeit at a below-trend rate. These         and territory, free from most interests      99 years) leasehold interest from
engines of economic growth can              which are not registered. In other           the Crown. Leasehold interests are
be expected to continue into 2018,                                                       generally required to be registered.
                                            words, priority between interests is
generating somewhat stronger GDP                                                         Options to extend the term of the
                                            established by the order in which
growth, although again slightly below                                                    lease may also be negotiated.
                                            they are registered, not by the order
trend. Record levels of housing
                                            in which they are executed (or
construction, as well as strong                                                          Other interests
                                            signed).
price growth in both Melbourne and                                                       Other types of interest in land which
Sydney, have led to the introduction                                                     may be registered include:
of controls to dampen both demand           As the state or territory guarantees
and supply. This is forecast to see a       the accuracy of the register,                mortgage interests – which
tempering in economic activity in the       prospective purchasers can rely on           generally secure repayment of a loan
housing market in 2018.                     the information on the register and          or other financing arrangements;
                                            act on the basis of it.
Types of property                                                                        options to acquire land;
ownership                                   The most commonly recognised
Most Australian land is held under          interests in Australian land are             easements – which generally
the Torrens title system, through           detailed as follows.                         convey a right to use a particular part

                                                                                                                     savills.com.hk/research     05
Asia Pacific | Investment Country Guides

                 of someone else’s land for a specific       by the Treasurer, who is assisted          when it ceases to be their principal
                 purpose, but not to occupy the land;        by the Foreign Investment Review           place of residence.
                                                             Board (FIRB), a division of the
                 restrictive covenants – a                 Commonwealth Government Treasury.          Foreign companies, with an
                 covenant given by the owner of one          The Commonwealth government                established substantial business in
                 parcel of land to the owner of another      publishes policy guidelines for the        Australia, buying for named senior
                 parcel of land, by which the first          administration of FATA.                    executives resident in Australia for
                 owner agrees not to use their land                                                     periods longer than 12 months, may
                 in a particular way, for the benefit of     Like most countries, Australia             be eligible for approval provided
                 the second owner; for example, an           has rules and restrictions on the          the accommodation is sold when
                 agreement by one owner not to build         acquisition and ownership of               no longer required for this purpose.
                 any structures which would impede           property by foreign interests. The         Whether a company is eligible, and
                 the neighbouring owner’s views.             rules, restrictions and exemptions are     the number of properties that may be
                                                             complicated however foreign persons        acquired, will depend upon the extent
                 Non-Torrens title land                      are normally given approval to buy:        of the foreign company’s operations
                 While most Australian property is                                                      and assets in Australia. Unless
                 now registered under the Torrens            Vacant land for development,             there are special circumstances,
                 title system (including all land in         including house and land packages          foreign companies normally will
                 Queensland and the Northern                 where construction has not                 not be permitted to buy more than
                 Territory), some areas of land have         commenced, subject to a condition          two houses under this category.
                 not been converted. Unconverted             imposed under the FATA that                Foreign companies would not be
                 parcels of land typically fall into one     continuous construction commences          eligible under this category where the
                 of the following categories:                within 24 months for residential           property would represent a significant
                                                             developments, or five years for            proportion of its assets in Australia.
                 Crown land – land owned by a              commercial developments not to be
                 state or territory of Australia or by the   used for residential purposes (From        From 1 December 2015,
                 Commonwealth of Australia;                  1 July 2017, land is not considered        applicants will pay a fee before
                                                             vacant if a wind or solar power            their foreign investment application
                 Old system land – generally rural         station is located on the surface of       is processed. For a property
                 land. Most states and territories have      the land); and                             valued under AU$1 million a
                 procedures for converting old system                                                   fee of AU$5,000 is payable. For
                 land to Torrens title whenever a new        New dwellings such as house              properties valued over AU$1 million
                 dealing with the land is lodged with        and land packages, home units and          a fee of AU$11,100 is payable
                 the land registry.                          townhouses purchased ‘off the plan’        then ~AU$11,100 incremental fee
                                                             that is, under construction or newly       increase per additional AU$1 million
                 Native title                                constructed, but never occupied or         in property value. Advanced off-
                 Native title was first recognised in        previously sold. ‘Off the plan’ sales to   the-plan certificates require a fee of
                 Australia in 1992, when the High            foreigners are only permitted for new      AU$25,700 upfront.
                 Court of Australia found that the           development projects or extensively
                 traditional Aboriginal owners held          refurbished commercial structures,         Property developers can apply
                 native title over certain land. A           which have been converted to               for a New Dwelling Exemption
                 national scheme, implemented                residential.                               Certificate for a specified
                 through legislation in each state and                                                  development if the development:
                 territory, governs the validity of land     Certain categories of foreign            will consist of 50 or more dwellings
                 dealings affecting native title and         nationals, who hold a visa that            (other than townhouses); has
                 establishes a process to deal with          permits them to reside in Australia        development approval from the
                 native title claims. Native title rights    continuously for at least the next         relevant government authority; and
                 can be compulsorily acquired or             12 months (such as students), may          if applicable, foreign investment
                 surrendered under law, but cannot           be given approval to purchase              approval was given to purchase the
                 be transferred. Although native title       only one established residential           land and that conditions are being
                 is most relevant to non-freehold            real estate (that is, second hand          met. The Government will tighten the
                 land and Crown- or Commonwealth-            dwellings) for use as their principal      rules around the use of advanced off-
                 owned land, a prudent buyer will take       place of residence (that is, not for       the-plan certificates by limiting the
                 native title into account in relation to    rental purposes) while in Australia.       value of all apartments that can be
                 most land dealings.                         Approved temporary residents with          bought by a single foreign investor to
                                                             valid visas will normally be allowed       AU$3 million in the one development.
                 Overseas ownership                          to purchase only one established           If foreign investors want to purchase
                 restrictions                                dwelling to live in as their residence     apartments above this value, they will
                 The Australian government reviews           (home) in Australia, subject to the        have to seek individual approval.
                 and evaluates certain overseas              conditions that they: use the property
                 investment proposals. Investment            as their principal place of residence      Proposals by foreign persons to
                 proposals by overseas interests             in Australia; do not rent any part of      acquire developed residential real
                 are regulated by the Foreign                the property, including ensuring that      estate that does not fall within the
                 Acquisitions and Takeovers Act 1975         it is vacant at settlement; and sell the   above categories are subject to the
                 (Cth) (FATA). FATA is administered          property within three months from          FATA, but are not normally approved.

06
2018

Meaning of ‘foreign interests’             shares or units in Australian                  FIRB approval is required must be
The expression ‘foreign interest’ has      urban land corporations or trust                 made conditional upon FIRB approval
a very technical meaning under FATA.       estates, irrespective of value, must             (unless approval has already been
There are complex tracing provisions,      be approved by the Treasurer before              granted). Contracts should provide
which have a broad reach. However,         they can be implemented and should               for a minimum of 40 days from the
in general terms, a foreign interest is:   be presented to FIRB in advance.                 date of lodgement for a decision
                                           Failure to notify may result in an order         from FIRB. For any properties being
a natural person who is not              for compulsory divestment.                       purchased at auction, prior FIRB
ordinarily resident in Australia;                                                           approval must be obtained.
                                           You do not need prior approval to
an overseas government or its            acquire residential real estate if you           Measurement of areas
agencies;                                  are:                                             Measurements generally used in the
                                                                                            property industry are quoted as set
any corporation, business or             an Australian citizen living abroad;           out below by the Property Council of
trust in which there is a ‘substantial                                                      Australia:
interest’ held by an overseas person or    an overseas citizen purchasing,
corporation.                               as a joint tenant, with your Australian          gross lettable area – retail: the
                                           citizen spouse;                                  aggregate floor space contained
A substantial interest exists where                                                         within a tenancy at each floor and
there is an interest of 20% or more in     an overseas citizen who holds a                used for calculation in shopping
ownership, voting power or potential       permanent resident visa;                         centres, commercial buildings and
voting power by a single person or                                                          shops generally.
corporation (together with associates)     a New Zealand citizen.
or 40% or more in aggregate                                                                 gross lettable area: the floor
ownership, voting power or potential                                                        space contained within a tenancy at
                                           Proposals relating to rural land
voting power by two or more persons                                                         each floor and used for calculation
                                           The definition of rural land includes
or corporations (together with their                                                        in warehouses, industrial buildings,
                                           all land that is used wholly and
respective associates). Potential voting                                                    freestanding supermarkets and
                                           exclusively for carrying on a
power refers in general terms to the                                                        showrooms.
                                           substantial business of primary
number of votes that can be cast in a
                                           production. A substantial business
general meeting of a corporation.                                                           net lettable area: the sum of the
                                           of primary production must have a
                                                                                            whole-floor lettable areas, used in
                                           commercial purpose or character and
Proposals relating to urban land                                                            calculating area in office buildings and
                                           be involved in activities relating to the
Overseas entities wanting to acquire                                                        office parks.
urban land (including interests that       cultivation of land, animal husbandry/
arise via leases, financing and profit-    farming, horticulture, fishing, forest           Lease terms
sharing arrangements) must make a          operations, viticulture or dairy farming,        Lease terms vary, depending on the
proposal to FATA. Proposals must be        but does not include vacant land,                location and type of the property. The
made in regard to the following:           hobby farms, land used for stock                 following summary outlines some
                                           agristment or mining.                            common terms found in Australian
developed non-residential                                                                 retail and commercial leases:
commercial real estate where the           The Government has passed
property is subject to heritage listing    legislation which requires that, from 1          Lease period2
and valued at AU$5 million or more         July 2015, foreign persons and foreign           Retail: in most Australian
(in the case of both US and non-US         government investors holding interest            states and territories, the relevant
investors);                                in agricultural land must register those         retail leasing legislation stipulates
                                           interests with the Australian Taxation           a minimum lease term (five years
developed non-residential                Office (regardless of value).                    in most jurisdictions) unless this is
commercial real estate, where the
                                                                                            waived by the tenant. Generally, lease
property is not subject to heritage        All existing holdings must be                    terms from three to five years are the
listing, valued at AU$55 million           registered by December 31 2015 and               most common, although longer leases
or more in the case of non-FTA             any new interests must be registered             may be available.
countries, with investors from FTA         within 30 days of contract exchange
countries (US, Chilean, Japanese,
                                                                                            Commercial (including office and
Korean and New Zealand) allowed up
                                           Proposed acquisitions of rural land              industrial): subject to any specific
to AU$1,094 million;
                                           valued at AU$15 million or more (or              requirements under legislation in
                                           the relevant threshold for US, New               each state or territory, commercial
accommodation facilities, valued at
                                           Zealand, Chilean, Singaporean or Thai            leases can be for any length of time.
AU$55 million or more;
                                           investors) must be approved by FIRB1.            In most cases, commercial leases are
                                                                                            between five and ten years.
vacant real estate irrespective of
                                           Contracts
value;
                                           All contracts which are being used by            A tenant may also be able to
                                           overseas investors for the purchase              negotiate options to extend the lease
residential real estate irrespective
                                           of Australian real estate for which              for a number of further terms.
of value (subject to certain
exceptions as outlined below);             1   Information current as of 1 December 2017.   2   The period or term of the lease.

                                                                                                                               savills.com.hk/research   07
Asia Pacific | Investment Country Guides

                           Rent reviews3                                                the premises and “make-good”                                Transaction costs
                           The rent payable under the lease may                         obligations, where each party is made                       Brokerage/agency fees
                           be subject to periodic review using a                        responsible for specific maintenance/                       Leasing fees are typically paid by the
                           predetermined method: for example,                           make-good obligations at the                                landlord and are negotiable prior to
                           a fixed review to increase the rent by                       beginning and/or end of the lease.                          appointment and will be dependent
                           5% per annum and/or by reference                                                                                         on whether it is a conjunctional or
                           to the consumer price index (CPI).                           Security of tenure5                                         sole-agent appointment. Typically,
                                                                                        Security of tenure only extends for                         leasing fees amount to 15% of the
                           Sub-letting/assignment4                                      the duration of the lease.                                  first year’s rent.
                           A tenant might agree to sub-lease
                           or to assign space which they are                            Security of performance                                     On transactions, typical fees are
                           leasing to a third party. Normally,                          Generally, a landlord will require                          in the range of 0.75% to 1.5% of
                           this cannot be done without                                  security for performance by the                             the agreed price for commercial,
                           the landlord’s permission. If the                            tenant of the tenant’s obligations                          industrial and retail properties. Fees
                           landlord approves the sub-lease or                                                                                       on residential transactions will be
                                                                                        under a lease. This can be by way of
                           assignment, they may require the                                                                                         higher.
                                                                                        a bank guarantee, cash deposit bond
                           sub-lessee or assignee to provide
                                                                                        or company/personal guarantees.
                           guarantees or other security,                                                                                            Legal fees
                           depending on the terms of the                                                                                            Transaction and statutory search fees
                                                                                        Termination of a lease
                           original lease.                                                                                                          will vary depending on the solicitor
                                                                                        Leases generally terminate upon
                                                                                        their expiry date. Options to renew                         instructed, the complexity and size
                           Repairs                                                                                                                  of the transaction, and on the nature
                                                                                        may be built into the lease by
                           The party responsible for making                                                                                         and location of the property.
                           repairs to the premises is generally                         negotiation. Commercial (retail,
                           set out in the lease. It is common                           office and industrial) leases do not
                                                                                        normally contain provisions requiring                       Registration fees and levies
                           for the landlord to be responsible for                                                                                   The land registry in the relevant
                           major structural and capital works,                          either party to be compensated on
                                                                                                                                                    state or territory will charge
                           and for the tenant to be responsible                         termination of the lease, except
                                                                                                                                                    registration fees for registering a
                           for maintaining the premises                                 where the termination is due to
                                                                                                                                                    purchaser’s interest in the land (and
                           (subject to fair wear and tear) and                          default. Retail tenancy legislation in
                                                                                                                                                    for registering any mortgage or
                           for repairing any damage caused by                           most states and territories may also
                                                                                                                                                    other dealing on the land). In some
                           the tenant. Some leases also contain                         require compensation to be paid to
                                                                                                                                                    jurisdictions (for instance New South
                           clauses dealing with the fit-out of                          retail tenants if the landlord exercises
                                                                                                                                                    Wales), a levy is payable in addition
                                                                                        a right to terminate the lease pending
                           3     A periodic review of rent under a lease using a                                                                    to the registration fee prior to the
                                                                                        demolition or redevelopment of the
                           predetermined method. For example, an increase in line                                                                   land registry attending to registration
                           with CPI, or in accordance with a market valuation.          premises.
                                                                                                                                                    of the purchaser’s interest in the
                           4     A contract whereby the whole or part of the
                           property is let to another person, the party letting being                                                               land. The amount of these levies is
                           themselves a lessee. The obligations of the lessee to the    5    When the term is used in connection with renting, it   dependent on the purchase price of
                           lessor are not diminished. The length of the sub-lease       means the certain term for which a tenant may remain in     the land.
                           must not be longer than the unexpired part of the lease.     occupation.

TABLE 2                                                                                                                                             Tax legislation
Marginal rates of land tax for commercial property*                                                                                                 In Australia, power to levy tax
                                                                                                                                                    exists at both commonwealth
 State/territory              Threshold                                      Rate                                     Department
                                                                                                                                                    (i.e., federal) and state levels. The
                                (AU$)                                                                                                               federal government levies taxes
 Australian Capital                                                                                                                                 such as income tax, and goods and
                                                                                Not payable
 Territory                                                                                                                                          services tax (GST). Taxes levied by
                                                       AU$ 53,812 + 2% of land value above                                                          state governments include stamp
 New South Wales              3,357,000                                                                        Office of State Revenue
                                                                 AU$3,357,000                                                                       duty, land tax and payroll tax as
                                                                                                                                                    well as transaction duty, fees and
 Northern Territory                                                             Not payable                                                         charges on certain kinds of business
                                                                                                                                                    transactions.
                                                  AU$62,500 + 1.75¢ for each AU$1 more than
 Queensland                   5,000,000                                                                        Office of State Revenue
                                                                AU$5,000,000
                                                                                                                                                    At the federal level, taxation is
                                                    AU$11,961 + AU$3.70 for every AU$100 or                                                         administered by the Australian
 South Australia              1,076,001                                                                       Revenue South Australia
                                                  fractional part of AU$100 over AU$1,076,000
                                                                                                                                                    Taxation Office (ATO). At the state
                                                       AU$1,837.50 + 1.5% of amount above                                                           and territory level, the relevant
 Tasmania                      350,000                                                                           State Revenue Office
                                                                  AU$350,000                                                                        taxation authority is the State
                                                       AU$24,975 + 2.25% of amount above                                                            Revenue Office of the applicable
 Victoria                     3,000,000                                                                          State Revenue Office
                                                                 AU$3,000,000                                                                       state or territory.
                                                  AU$186,550 + 2.67¢ of each AU$1 in excess
 Western Australia           11,000,000                                                                        Office of State Revenue
                                                             of AU$11,000,000                                                                       Stamp duty
                                                                                                                                                    Stamp duty is a tax imposed at the
Source: ATO / State Revenue Offices
*Information current as of 1 December 2017. Note that different marginal rates may apply, depending on property type and value. Please              state/territory level. As a result, the
refer to the applicable State or Territory revenue office website for up-to-date information.                                                       stamp duty payable on a purchase

08
2018

of land will depend on where the          TABLE 3
land is situated. Stamp duty may          Income tax rates for Australian residents
also be payable on the purchase of
shares in a company, particularly                                                   Marginal
where the company is “land rich”.          Taxation income (AU$)                                                       Tax on this income
                                                                                   tax rate (%)
Stamp duty is generally charged
at an incremental rate, based on           0–18,200                                     0                                      Nil
the higher of the market value of
the property transferred and the
                                           18,201–37,000                               19                       19¢ for each AU$1 over AU$18,200
GST-inclusive consideration. Certain
exemptions and concessions may
be available. Stamp duty on land           37,001–80,000                              32.5                AU$3,572 + 32.5¢ for each AU$1 over AU$37,000
acquisitions in New South Wales
is currently charged at a rate of          87,001–180,000                              37                 AU$19,822 + 37¢ for each AU$1 over AU$87,000
between 1.25% and 7.0%; however,
for the latest rates please contact
the State Revenue Office in the            180,001 + over                              45                AU$54,232 + 45¢ for each AU$1 over AU$180,000
relevant state or territory. Stamp
duty is generally payable by the          Source: Savills Research & Consultancy

purchaser, either by law or by
                                          TABLE 4
commercial agreement, but in some
jurisdictions the seller and purchaser    Income tax rates for non-Australian residents (foreign resident tax
are jointly and severally liable. The     rates 2018-2019)
transfer of title to land cannot be
registered until stamp duty has been       Taxation income (AU$)
                                                                                    Marginal
                                                                                                                        Tax on this income
paid. The state of South Australia is                                              tax rate (%)
progressively abolishing stamp duty
on commercial property transfers.          0–87,000                                    32.5                            32.5¢ for each AU$1
The rate will reduce from 1 July
2016, halve again from 1 July 2017,        87,001–180,000                               37                AU$28,275 + 37¢ for each AU$1 over AU$80,000
and be zero from 1 July 2018. As
at November 2016, foreign buyers           180,001 + over                               45                AU$62,685 + 45¢ for each AU$1 over AU$180,000
of residential property shall be liable
for additional duty at the rate of        Source: Savills Research & Consultancy

4.00% in New South Wales, 7.00% in
Victoria and 3.00% in Queensland.         Income tax                                          in Australia. However, this principle
                                          Individuals, trustees, superannuation               may be subject to the application of
Land tax                                  funds and companies deriving income                 double taxation agreements (DTAs)
Land tax is also imposed at the state/    from an Australian source must apply                which Australia has entered into with
                                          to the ATO for an Australian tax file               a number of other countries (please
territory level. As a result, the rate
                                          number and must lodge an annual tax                 refer to the section ‘Withholding tax’
of land tax, the threshold at which it
                                          return with the ATO. Entities which                 overleaf for a list of countries).
becomes payable and the date on
                                          carry on an enterprise in Australia also
which it is assessed and paid will
                                          require an Australian business number.              Taxation rates for individuals differ,
depend on where the land is situated.
                                                                                              depending on whether the individual
Generally, land tax is payable by the
                                          Income tax is payable by individuals,               is an Australian tax resident or
current owner as of 31 December
                                          trustees (in certain circumstances),                not. The marginal rates of taxation
or 30 June of the current year, and
                                          superannuation funds and                            applicable for Australian tax residents
is assessed on the unimproved land
                                          companies. Australian income tax is                 for the financial year from 1 July 2017
value. Certain exemptions may be
                                          imposed on a single measurement of                  to 30 June 2018 are shown in Table 3.
available (for example, land tax is
                                          taxable income, which is calculated
generally not payable on a principal      as the sum of assessable income                     In addition, individual Australian tax
place of residence). In Victoria,         derived by the taxpayer during                      residents must pay a Medicare Levy
foreign persons are subjected to an       the relevant year of income, less                   of 2% of taxable income, subject
additional 0.50% land tax surcharge       ‘allowable deductions’, i.e.,                       to low-income thresholds, phase-in
on all land, rising to 1.50% from 1                                                           limits and surcharges for individuals
January 2017. The current maximum         Taxable Income = Assessable Income                  without private health insurance.
marginal rates of land tax for            − Allowable Deductions                              Further, a levy of 2% for taxpayers on
commercial property are shown in                                                              AU$180,000+ to fund the Temporary
Table 2.                                  Australian tax residents are generally              Budget Repair Levy is payable from
                                          liable to pay income tax in respect of              1 July 2014. The marginal rates of
Corporation tax                           their worldwide assessable income,                  taxation applicable for non-Australian
The tax rate for public and private       whereas non-Australian tax residents                tax residents for the financial year
companies, resident and non-              only pay tax on that part of their                  from 1 July 2017 to 30 June 2018 are
resident, is currently 30%.               income which is derived from sources                shown in Table 4.

                                                                                                                       savills.com.hk/research            09
Asia Pacific | Investment Country Guides

Non-Australian tax residents are not         and, generally, the price paid for the       the rate of interest withholding tax
required to pay a Medicare Levy of           acquisition of the real estate (subject      imposed, as the DTA allows for a rate
2% of taxable income. However,               to certain exceptions). It is important to   of 10% or higher.
a levy of 2% for non-Australian              note that where the margin scheme is
taxpayers on AU$180,000+ to fund             used to calculate GST, a purchaser of        Royalties paid by an Australian tax
the Temporary Budget Repair Levy is          real estate is not entitled to claim input   resident to a non-Australian tax
payable from 1 July 2014.                    tax credit.                                  resident are also subject to withholding
                                                                                          tax at a rate of 30% of the gross
Goods and Services Tax (GST)                 The sale of farm land, commercial real       royalty amount, generally reduced to
GST is a broad-based consumption             estate subject to lease, and grants of       10% if paid to a resident of a country
tax levied on the supply of most             vacant land by the federal government        with which Australia has a DTA.
goods and services in Australia, and         may all be GST-free supplies, subject
on goods imported into Australia.            to satisfying a number of requirements.      Dividends paid by an Australian tax
The transfer of real estate located in                                                    resident company to a non-Australian
Australia is generally subject to GST,       Managed investment trust (MIT)               tax resident which are unfranked (i.e.,
which is calculated as 10% of the GST-       Australia has also recently                  no Australian company tax has been
exclusive selling price of the real estate   implemented the following major              paid in respect of the profits from
and is payable by the seller. However,       reforms in relation to the taxation of       which the dividend has been paid) are
in the purchase of non-residential           MITs:                                        generally subject to 30% withholding
property, the GST liability is generally                                                  tax. The rate of dividend withholding
passed to the buyer as they can claim        the ability for MITs to make an            tax is generally reduced to 15% if paid
the GST as an input tax credit, subject      election to treat gains and losses           to a resident of a country with which
to satisfying certain requirements.          on the disposal of certain assets,           Australia has a DTA. Payment of a
                                             including land, as subject to capital        franked dividend by an Australian tax
There are two methods of calculating         gains tax (CGT) treatment, thereby           resident is exempt from withholding
GST in respect of the supply of certain      allowing certain investors in an MIT to      tax.
types of real estate: 1) the ordinary        access a CGT discount on the disposal
method, and 2) the margin scheme.            of underlying assets;                        DTAs have been signed by Australia
The ordinary method calculates GST                                                        with the following countries:
as 10% of the GST-exclusive sale price       the extension of the definition of
of the property. The purchaser of a          MIT so that a greater range of funds         Argentina, Austria, Belgium, Canada,
property under the ordinary method           may take advantage of the 15%                Chile, Czech Republic, Denmark, Fiji,
may be entitled to claim the GST             withholding tax rate which applies           Finland, France, Germany, Hungary,
paid as an input tax credit, subject to      to certain distributions to overseas         India, Indonesia, Ireland, Italy, Japan,
satisfying certain requirements. The         investors.                                   Kiribati, Malaysia, Malta, Mexico,
margin scheme is generally applied                                                        Netherlands, New Zealand, Norway,
to the sale of newly constructed             Withholding tax and tax treaties             Papua New Guinea, People’s Republic
residential premises. A number of            Withholding tax is imposed in certain        of China (PRC), Philippines, Poland,
conditions must be satisfied for the         circumstances on dividends, interest         Romania, Russia, Singapore,
margin scheme to apply, including            and royalties.                               Slovakia, South Africa, South
written agreement between the                                                             Korea, Spain, Sri Lanka, Sweden,
seller and purchaser. The margin             For example, a borrower must withhold        Switzerland, Taipei, Thailand, Turkey,
scheme calculates GST as 10% of              10% of the gross amount of the               UK, US and Viet Nam.6
the margin, which is the difference          interest paid to a non-resident creditor.
between the GST-exclusive sale price         Most of Australia’s DTAs do not affect       6   Information current as of 15 November 2016.

   Savills Australia
   Please contact us for further information

                                                                                               Savills (Aust) Pty Limited
   Paul Craig                                     Chris Freeman                                Level 25, 1 Farrer Place, Sydney, NSW 2000,
   CEO                                            National Head, Capital Strategy              Australia
   +61 2 8215 8888                                +61 2 8215 6093                              T: +61 2 8215 8888
   pcraig@savills.com.au                          cfreeman@savills.com.au                      F: +61 2 8215 8899

010
2018

China

Overview                                     TABLE 5
China is the world’s second largest          Key statistics
economy after the US. It is also
the world’s fastest growing major             Official name                            People’s Republic of China
economy, with average growth rates                                                     Renminbi
                                              Currency
of 10% per annum over the past                                                         US$1 = RMB6.3294 (28 February 2018)
30 years. The country is also the             Population                               1.38 billion (2016)
second largest trading nation in the
world, being the largest exporter and         Land area                                9.6 million sq km
second largest importer of goods.             GDP per capita                           RMB53,974; US$8,126 (2016)

Types of property                             GDP growth                               6.7% per annum (2016)
ownership                                     Principal business centres               Shanghai, Beijing, Guangzhou, Shenzhen, Chengdu
Under Chinese legislation, all land
within urban areas is owned by the           Source: FocusEconomics
state while land within rural areas is
owned by collectives for the exclusive       year and buyers are restricted to the        if the broker transacts the property
purpose of agriculture. According to         purchase of one property for self use.       on behalf of the seller, then the seller
a landmark property law passed in            In addition to individuals, there are a      will usually be liable for payment and
2007, all land, whether urban or rural,      number of restrictions on ownership          likewise for property transacted on
or containing existing privately owned       by overseas companies, of which              behalf of the buyer. This can also
structures, can be acquired by the           the major legislative directives are         vary according to prevailing market
state for public purposes providing          detailed in the later section on key         conditions. For example, where
fair compensation has been paid.             legislation.
                                                                                          TABLE 6
While land itself cannot be owned by                                                      Type of land use
                                             Measurement of areas
private individuals, use of the land can
                                             Measurements are typically quoted
be granted based on usufruct land                                                          Land-use type                                   Lease period (years)
                                             as gross floor area (GFA), with the
rights. This essentially involves private
                                             exception of the retail market which          Residential                                               70
entities or individuals being granted
                                             quotes on a usable floor area basis,          Education, science, culture, public health
the use of land for a given period of                                                                                                                50
                                             and are generally quoted in sq m              and physical education
time. The time for which land-use
                                             by practitioners in the real estate           Industrial                                                50
rights are given varies depending on
                                             industry.
the specific use of the site.                                                              Commercial, tourism and recreation                        40

While land cannot be owned, property         Transaction costs                             Mixed-use or other                                        50

that is constructed on the land can,         Brokerage/agency fees
                                                                                          Source: Savills Research
and private owners of that property          Where a real estate broker has been
are legally allowed to transfer              used in the transaction of a property,       TABLE 7
                                             either the buyer or seller is usually
ownership of that property to other
                                             liable for payment of commission.
                                                                                          Office lease terms
private entities. The legal recognition
of this right to transfer property, in the   Generally speaking, commission                                          Typically 3 years (often with a renewal
                                                                                           Lease period              option for a further 3 years), occasionally up
aforementioned legislation released          is around 1%, although this may                                         to 5 years.
in 2007, was a major milestone               vary according to the nature of the                                     Only for longer-term leases and lease
                                                                                           Rent reviews
                                             property. Major considerations for                                      renewals.
towards a more transparent property
                                             agreeing on the amount payable                Sub-letting/              Usually only allowed to affiliated companies
ownership system.                                                                          assignment                and only if allowed in the lease agreement.
                                             are the total value of the asset, the                                   Sometimes allowed after second year as
                                                                                           Termination
Overseas ownership                           asset type and respective market                                        long as 3 months’ prior notice is given.
restrictions                                 conditions.
                                                                                           Repairs
                                                                                                                     Carried out by the property manager,
                                                                                                                     who bears the cost, dependent on the
In China, property ownership by                                                                                      circumstances/fault.
overseas nationals is restricted to          The party responsible for payment
                                                                                           Security of tenure        Protected by law.
those who have been resident in the          usually depends on who the broker
country for a period of more than one        is working on behalf of. For example,        Source: Savills Research

                                                                                                                       savills.com.hk/research               011
Asia Pacific | Investment Country Guides

TABLE 8                                                                                                                                demand for an asset is low the seller
Real estate developers - sale of properties                                                                                            may need to pay the commission
                                                                                                                                       as an incentive for brokers to pitch
                                                            General taxpayer                            Small-scale taxpayer           their project, and conversely where
                   General method                               Applicable                                 Not applicable              competition is fierce and buyers are
                 Simplified method                              Applicable                                   Applicable                lining up, the buyer may pay the
                                                       General method: 11%;                                                            commission as an incentive for the
 Old                    Tax rate                                                                                5%
 projects                                              Simplified method: 5%                                                           broker to push with negotiations.
                                                    General method: Land price
                                                              deductible
              Note on taxable income
                                                  Simplified method: Land price not
                                                                                                                 -                     Tax legislation
                                                              deductible                                                               Stamp duty (payable by buyer and
                   General method                               Applicable                                 Not applicable              seller)
 New             Simplified method                            Not applicable                                 Applicable                A stamp duty of 0.05% is levied on
 projects               Tax rate                                  11%                                           5%                     the contracted value of the property
                                                                                                                                       and is payable by both the buyer and
              Note on taxable income                   Land price deductible                                     -
                                                                                                                                       seller of property in China.
Source: State Administration of Taxation

                                                                                                                                       Value-added Tax
TABLE 9
                                                                                                                                       From 1 May 2016, all industries
Non-real estate developers - sale of properties                                                                                        including the real estate and
                                                                     Small-scale                                       Small-scale     construction industry started to use
                                           General taxpayer                              General taxpayer
                                                                      taxpaer                                           taxpayer       Value Added Tax (VAT) transited
                                                 Non self-built properties                          Self-built properties              from Business Tax (BT). Detailed
               General method                  Applicable           Not applicable              Applicable            Not applicable   summaries are shown in Table 8 to 11.
              Simplified method                Applicable             Applicable                Applicable              Applicable
                                            General method:                               General method:                              NB: Old projects refer to projects
                                                  11%;                                          11%;                                   that include properties that landlords
 Old                 Tax rate                                            5%                                                 5%
                                           Simplified method:                            Simplified method:
 projects                                          5%                                            5%                                    acquired on or before April 30, 2016.
                                            General method                                                                             New projects include properties that
                                             and simplified          The original                                                      landlords acquired after April 30,
                Note on taxable
                   income
                                              method: The           purchase price                  -                         -
                                            original purchase         deductible                                                       2016.
                                            price deductible
               General method                 Applicable            Not applicable              Applicable            Not applicable   NB: Small-scale taxpayers have
              Simplified method              Not applicable           Applicable           Not applicable               Applicable     taxable income of no more than
 New                                                                                                                                   RMB5 million per year; and general
 projects            Tax rate                    11%                     5%                       11%                       5%
                                             The original            The original                                                      taxpayers have more than RMB5
                Note on taxable
                   income
                                            purchase price          purchase price                  -                         -        million of taxable income per year.
                                              deductible              deductible
Source: State Administration of Taxation
                                                                                                                                       Urban real estate tax
TABLE 10                                                                                                                               Real estate tax can be levied in one
Individual - sale of properties                                                                                                        of two ways which can be negotiated
                                                                                                                                       with local authorities:
                                                                             More than two years (including two years)
                                    Less than two years              Non-primary residential                 Primary residential       12% of the rental income.
                                                                            property                             property
 City except Beijing,
 Shanghai, Guangzhou              5% VAT on entire income                                  No VAT applicable                           1.2% of the adjusted cost – set
 and Shenzhen
                                                                                                                                       at 70% to 80% of the book value
 Beijing, Shanghai,
                                                                     5% VAT on (entire income                                          of the property. The book value of
 Guangzhou and                    5% VAT on entire income                                                     No VAT applicable
                                                                    minus original purchase price)
 Shenzhen                                                                                                                              a property is set at the time of the
Source: State Administration of Taxation                                                                                               asset’s construction completion,
                                                                                                                                       and will not be reset unless the
TABLE 11                                                                                                                               asset is sold through a direct asset
Lease of properties                                                                                                                    transaction.
                                              General taxpayer               Small-scale taxpaer                     Individual
                                                                                                                                       Corporate income tax (CIT)
                General method                    Applicable                    Not applicable                   Not applicable
                                                                                                                                       (payable by seller, also as part of
 Old          Simplified method                   Applicable                       Applicable                        Applicable
 projects                                                                                                                              operating costs)
                                            General method: 11%;                                                                       CIT is levied at 25% on the profits
                     Tax rate                                                         5%                               1.5%
                                            Simplified method: 5%
                                                                                                                                       of rental income and gains from
                General method                    Applicable                    Not applicable                   Not applicable
 New                                                                                                                                   the Chinese real estate of foreign
              Simplified method                 Not applicable                     Applicable                        Applicable
 projects                                                                                                                              investment enterprises (FIEs) and
                     Tax rate                        11%                              5%                               1.5%            overseas enterprises maintaining
Source: State Administration of Taxation                                                                                               establishments in China.

012
2018

Land value appreciation tax (LVAT)           TABLE 12
(payable by the seller)                      LVAT
LVAT, as set out by the central
government, is applicable to the              Profits (%)                                       Tax rate (%)
taxable gain based on the sales
of proceeds after a number of
                                              Below 50                                              30
deductions, including but not
limited to the cost of land-use
                                              50–100                                                40
rights, construction costs and taxes
incurred during the transfer of land
                                              100–200                                               50
and property. A detailed summary is
shown in Table 12.
                                              Above 200                                             60

Deed tax (payable by buyer)
                                             Source: Savills Research
Deed tax is shouldered by the buyer
and ranges from 3% to 5% of the
                                             TABLE 13
total value of the land-use rights or
real property transferred depending          Land-use tax
on the location.
                                                                                        Tax rate (RMB per sq m)
According to Circular 137 issued by           City size
the State Administration of Taxation,                                                 1988                     2007
for an individual buying their first
residence which is smaller than 90            Large city                              0.5-10                   1.5-30
sq m, the deed tax is 1% of the total
value of the property, effective from 1       Medium city                             0.4-8                    1.2-24
November 2008.
                                              Small city                              0.3-6                    0.9-18
Land-use tax (operating costs)
Effective from the start of 2007,             Towns and mining area                   0.2-4                    0.6-12
overseas enterprises are subject to the
same land-use tax that was previously        Source: Savills Research
borne only by domestic enterprises.
The tax is applied to the project’s
                                             Exemptions                             Tax target
total GFA and varies from region to
                                             Local residents:                       Only applicable for the nine major
region, with first-tier cities. A detailed
                                             60 sq m GFA exemptions will be       districts:
summary is shown in Table 13.
                                             granted on a per head basis.
Property tax                                                                        all villas, both existing and newly
                                             for newly acquired first homes       acquired.
Chongqing and Shanghai
                                             resold within one year, the paid tax
announced, with the State Council’s          amount will be refunded.
approval, details of the trial property                                             newly acquired high-end
tax which became effective on 28                                                    residential units priced more than
                                             for independent children who
January 2011.                                                                       double the reference price.
                                             acquire the first home for marriage,
                                             no tax will be levied.
Shanghai trial property tax details                                                 newly acquired second, ordinary
Tax target                                   Non-local residents:                   units for non-local residents.
newly acquired second or more              first homes of qualified experts/
home units for local households.             talent working in the city will be     Valuation basis
                                             exempt.                                transaction price (eventually to be
newly acquired first or more                                                      based on regular appraisal price).
home units for non-local households.
                                             first homes of those residing and
                                             working in Shanghai for more than      Applicable tax rate (per annum) –
Valuation basis
                                             three years will be exempt.            please refer to Table 14.
70% of the transaction price
(eventually to be based on regular
                                             Chongqing trial property tax details   Exemptions (for locals)
appraisal price).
                                             Reference price                        for existing villa units, 180 sq m
Applicable tax rate (per annum)              the average transaction price        GFA will be exempt per household.
0.4% for units with prices equal           in Chongqing’s nine major districts
to or lower than double the previous         (Yuzhong, Jiangbei, Sapingba,          for newly acquired villas or high-
year’s average first-hand price.             Jiulongpo, Dadukou, Nan’an, Beibei,    end residential units, 100 sq m GFA
                                             Tubei and Banan) in the previous two   will be exempt per household.
0.6% for all other units.                  years.

                                                                                                           savills.com.hk/research   013
Asia Pacific | Investment Country Guides

TABLE 14                                                                 TABLE 15
Applicable tax rate (per annum)                                          Institutional buyers – acquisition taxes and fees
 Tax rate       Local/                                                    Types of taxes                                                                  Tax rate
                                   Pricing           Property type
   (%)         non-local
2018

TABLE 18
Individual buyers – acquisition taxes and fees
 Types of taxes                          Tax base                                                               Tax rate

                                                                 Primary normal               Primary normal
                                                                                                                             Non-primary
                        Scenario                             residence smaller than          residence larger                                        Commercial property
                                                                                                                         residential property
                                                                    90 sq m                    than 90 sq m
 Key costs

 Deed tax (契税)                     Contract price                       1%                       1.5–2.5%                        3–5%                          3–5%

 Ancillary costs
 Stamp duty (印花税)                  Contract price                                                               0–0.05%

Source: Savills Research
Note: Other fees potentially include but are not limited to: title deed registration fees (转移登记费), real estate ownership certificate (房产证收费), stamp duty for real estate
ownership certificate (权证印花税), handling fees for property ownership certificate (房产证转移费), transaction charges (交易手续费).

TABLE 19
Individual sellers – disposal taxes and fees

 Types of taxes                Tax base                                                                    Tax rate

                                                     Normal             Non-normal
                                                                                                Normal                Non-normal         Residential
                                                   residential           residential
                                                                                              residential              residential      property held          Commercial
                  Scenario                       property held         property held
                                                                                             property held           property held      for less than           property
                                                 for more than         for more than
                                                                                             for 2-5 years           for 2-5 years         2 years
                                                     5 years               5 years
 Key costs
 Value-added tax
                                     -                   -                   5%                     -                    5%                   5%                    5%
 (增值税)
                              Profit after           20% (primary residence
                                                                                                                                20% OR
                              deductions                 exempted) OR
 PIT (个人所得税)
                               Contract              1–3% (primary residence
                                                                                                                                  1–3%
                                price**                    exempted)
                              Profit after
 LVAT (土地增值税)           #
                                                                                                   0%                                                            30–60%
                              deductions
 Stamp duty (印花税) Contract price                                                                   0%                                                             0.05%
 Ancillary costs
 City construction                              7% for tax payers located in a city
 and maintenance                   VAT          5% for tax payers located in a county or township area
 tax (城市建设税)                                    1% for tax payers located in other urban regions
 Education surcharge
                                   VAT                                                                        3%
 (教育费附加)

Source: Savills Research
#
 LVAT is applicable to the taxable gain based on the proceeds of sales after a number of deductions. **Only applicable if purchase documents indicating the value at the time of
purchase are unavailable. Note: Other fees potentially include but are not limited to: local education surcharges (地方教育附加费) and transaction charges (交易手续费). Please
note: channel maintenance fees levy (河道工程维护费) stopped as of April 2017.

TABLE 20
Individual landlords – leasing taxes and fees
 Types of taxes                                                Tax base                                                         Tax rate

                                          Scenario                                                       Residential                                Commercial
 Key costs
 Value-added tax (增值税)                                       Rental income                                                        1.5%
 Real estate tax (房产税)                                       Rental income                                    4%                                        12%
 PIT (个人所得税)                                                 Taxable income                                  10%                                        20%
 Stamp duty (印花税)                                            Contract price                                   Null                                      0.1%
 Ancillary costs
                                                                                           7% for tax payers located in a city
 City construction and maintenance
                                                                  VAT                      5% tax payers located in a county or township area
 tax (城市建设税)
                                                                                           1% tax payers located in other urban regions
 Education surcharge (教育费附加)                                      VAT                      3%

Source: Savills Research
Note: Other fees potentially include but are not limited to: local education surcharges (地方教育附加费). Please note: channel maintenance fees levy (河道工程维护费) stopped
as of April 2017. In practice individual landlords will pay a comprehensive tax which covers business, income and real estate tax for the leasing of a residential and non-
residential property. This tax rate will vary depending upon the tax authority and total monthly rental income.

                                                                                                                                                          savills.com.hk/research   015
Asia Pacific | Investment Country Guides

TABLE 21                                                              against the tax payable in the other, in   futures firms, and funds. It does not
Detailed tax bands for PIT                                            this way preventing double taxation.       include standard products, such as
                                                                      Another important factor is the grant      bonds and stocks. Included among
      Monthly salary (RMB)                    Tax rate (%)            of an exemption or tax at a reduced        the 16 cities are Beijing, Shanghai,
          Less than 1,500                          3                  rate on certain receipts such as           Guangzhou, Shenzhen, and second-
            1,500–4,500                           10                  interest, royalties, dividends, capital    tier cities Xiamen, Nanjing, Hefei and
                                                                      gains and others that are connected        Fuzhou.
            4,500–9,000                           20
                                                                      with a transaction carried out between
           9,000–35,000                           25                  parties associated with the DTA. When      China State Council circular on
           35,000–55,000                          30                  certain income is taxable under the        overseas investment (August 2017)
           55,000–80,000                          35                  Chinese Income Tax Ordinance but           China’s State Council, the equivalent
                                                                      there is an exemption (reduced tax)        of the country’s cabinet, issued new
         More than 80,000                         45
                                                                      under any taxation treaty, the income      rules on overseas investment which
Source: Savills Research
                                                                      may be taxed, but only according to        restrict investment in real estate, hotels
                                                                      the provisions of the taxation treaty.     and other sectors. The top level central
                           more than 90 days in a calendar                                                       government body divides potential
                           year. The 90-day test is extended          Countries include:                         investment sectors and locates them
                           to 183 days if the individual is a tax     Albania, Algeria, Armenia, Australia,      into “encouraged”, “limited” and
                           resident of a country/region that          Austria, Azerbaijan, Bahrain,              “prohibited” categories, and directs
                           has executed a taxation treaty/            Bangladesh, Barbados, Belarus,             ministries and local governments to
                           arrangement with China.                    Belgium, Brazil, Brunei, Bulgaria,         scrutinize and control all outbound
                                                                      Canada, Croatia, Cuba, Cyprus,             investments, in accordance with the
                           Withholding tax and tax treaties           Czech Republic, Denmark, Egypt,            guidelines.
                           International enterprises without          Estonia, Finland, France, Georgia,
                           establishments or places in China          Germany, Greece, Hungary, Iceland,         New restrictions on property
                           shall be subject to a unilateral           India, Indonesia, Iran, Ireland, Israel,   purchases announced in nine cities
                           concessionary rate of withholding          Italy, Jamaica, Japan, Kazakhstan,         (October 2016)
                           tax at 10% on gross income from            Korea, Kuwait, Kyrgyzstan, Laos,           In early October, Tianjin, Suzhou,
                           dividend, interest, lease of property,     Latvia, Lithuania, Luxembourg,             Zhengzhou, Chengdu, Jinan, Wuxi,
                           royalties and other China-sourced          Macedonia, Malaysia, Malta,                Hefei and Wuhan followed an
                           passive income unless reduced              Mauritius, Mexico, Moldova, Mongolia,      announcement made in Beijing and
                           under a tax treaty.                        Morocco, Netherlands, New Zealand,         introduced measures to cool the
                                                                      Norway, Oman, Pakistan, Papua New          residential property market, such as
                           The State Administration of Taxation       Guinea, Philippines, Poland, Portugal,     raising down payment requirements
                           released new tax regulations on            Romania, Russia, Saudi Arabia,             for second homes or banning the
                           indirect equity transfers by non-          Seychelles, Singapore, Slovenia,           purchase of second and third homes.
                           resident enterprises (Bulletin 7),         South Africa, Spain, Sri Lanka, Sudan,
                           providing a broader scope of               Sweden, Switzerland, Thailand,             Strengthen regulation on real estate
                           indirect transfer, stricter provisions     Trinidad and Tobago, Tunis, Turkey,        agencies (August 2016)
                           on scrutinizing indirect transfers of      UAE, UK, Ukraine, US, Uzbekistan,          The Ministry of Housing and Urban-
                           China’s taxable assets, and new            Venezuela, Viet Nam and Yugoslavia.        Rural Development and six other
                           reporting obligations.                                                                related government departments
                                                                      Legal issues                               released guidelines ordering that
                           Foreign owners were previously             The legal landscape pertaining to real     housing information should be officially
                           required to report offshore equity         estate in China has changed rapidly        verified before being advertised
                           transfers and pay a 10% withholding        and continues to do so, with the           by agencies. The guidelines also
                           tax; however, a lot of the time these      regulatory environment considered          promised to improve credit information
                           rules were not enforced. As result,        to be significantly complex. Detailed      system in the sector and regulate
                           investors were able to avoid paying        below is recent key legislation            cooperation between real estate
                           capital gains taxes on offshore            pertaining to real estate.                 agencies and financial institutions.
                           holding structures, leading to higher
                           returns. This new regulation is            Asset managers banned from                 China adopted law regulating asset
                           expected to result in a noteworthy         channelling funds to real estate           appraisals (July 2016)
                           tax obligation increase for foreign        investments in 16 cities (February         The National People’s Congress (NPC)
                           sellers, together with an important        2017)                                      Standing Committee adopted a law on
                           impact on the investment market.           The Asset Management Association           asset appraisal, the first law governing
                                                                      of China issued a notice that banned       the country’s asset appraisal industry
                           China is a signatory to a treaty for the   asset managers in China from               since it emerged three decades ago.
                           prevention of double taxation with         channelling funds into residential         The new law allows certified appraisers
                           many countries all over the world.         property investment, in 16 mainland        who have passed national exams,
                           Draft agreements with additional           cities, via private equity schemes. The    as well as those who have expertise
                           countries are also in discussion. A        ban applies to entrusted loans, trust      and hands-on experience in asset
                           Double Taxation Agreement (DTA),           schemes and other shadow banking           evaluation, to practice asset appraisal.
                           in principle, enables the offsetting       products offered by asset managers         The law provides that appraisal
                           of tax paid in one of two countries        affiliated with banks, securities and      agencies should supervise and take

016
2018

responsibility for the professional        announced in a circular to lower the    Cancellation of Housing Purchasing
conduct of their practitioners.            minimum down payment requirement        Restrictions for 42 Cities (June–
                                           of housing provident fund loans.        October 2014)
China bans local government                Buyers that already own a property      A total of 42 cities have cancelled
from borrowing for land reserve            but have no outstanding mortgage        their policy of house purchase
(February 2016)                            can also apply for use of the housing   restrictions (HPRs) between June and
The Ministry of Finance, the Ministry      provident fund, with a minimum down     October in 2014. The policies were
of Land and Resources, the People’s        payment of 20%, decreasing from         originally introduced in early 2010.
Bank of China and China Banking            30%. Beijing, Shanghai, Guangzhou       As a result, only five cities, Beijing,
Regulatory Commission issued               and Shenzhen can adopt their own        Shanghai, Guangzhou, Shenzhen
a statement that banned local              policies, given the different market    and Sanya, continue to enforce their
governments from borrowing from            conditions.                             previous HPRs.
banks to finance land purchases and
preparations for property development.     The Central Bank has issued loosened    State Council’s Circular 17
Local governments must reduce the          down payment requirements on first-     (February 2013)
number of institutions responsible         home buyers. The minimum down           The government, in response to
for land reserve, whittling down           payment requirement was lowered to      rising house prices and red-hot
the many departments to just one.          25% for first-home buyers purchasing    transaction volumes, introduced yet
Land reserve institutions should no        normal residential property when        another round of policy tightening.
longer have financing, construction        using mortgages. The new regulation     Policies focused on:
or land development arms and these         is only applicable in cities without
departments should be closed or            implementations of home purchase        average sales price targets for
turned into enterprises.                   restrictions.                           individual cities (no longer effective);

Simplified registration procedure          Supportive policies for the
                                                                                   20% Capital Gains Tax;
for foreign-invested real estate           residential sales market (March
companies (November 2015)                  2015)
                                                                                   extension of the home purchase
The Ministry of Commerce                   PBoC, MOHURD and China Banking
                                                                                   restrictions (no longer effective);
(MOFCOM), together with the State          Regulatory Commission (CBRC)
Administration of Foreign Exchange         jointly announced further supportive
                                                                                   tighter mortgage lending
(SAFE), recently issued a simplified       measures for the property market on
                                                                                   standards (no longer effective);
registration procedure for foreign-        30 March 2015.
invested real estate companies.
                                           1) The holding period at which higher   increasing land supply;
Foreign-invested real estate companies
will no longer need to go through the      rates are applicable was shortened
filing procedure with MOFCOM or            from five years to two years.           increasing social welfare housing.
display their company’s information on
the official MOFCOM website.               2) Down payment requirements for        Land and property registration
                                           second-home buyers were reduced         The Property Law proposes that
Foreign investment rules rolled            to a minimum of 40%, including those    China’s real property registration
back (November 2015)                       who have not fully repaid their first   system be unified nation-wide and
Six governing ministries, including        mortgage – down from the previous       property rights holders and interested
People’s Bank of China (PBoC) and          60-70%. First-home buyers were also     parties may apply to retrieve the
MOFCOM, issued a statement on              allowed to use a housing provident      information filed with the registry.
27 August 2015 detailing the rolling       fund with a minimum of 20% down         Currently, information on land-use
back of restrictions put in place to       payment. Buyers that already own        rights, building ownership and
curb foreign investment in the Chinese     a property, but have no outstanding     mortgage rights may be separately
real estate sector. The two key points     mortgage, can also apply for use of     filed with different local real estate or
include: 1) the dropping of restrictions   the housing provident fund, with a      construction administration authorities.
requiring individuals to have resided in   minimum down payment of 30%.            That information is usually not
China for more than one year before                                                accessible except with the registrant’s
purchasing a property (as long as it is    Removal of all restrictive              written consent. The new law therefore
still for self-use); and 2) The lowering   regulations on Foreign Investment       ought to facilitate searches on title and
of registered capital requirements         Industrial Guidance Catalogue           related property rights. However, it
for foreign-investment real estate         (March 2015)                            remains unclear whether just anybody
enterprises, while at the same time        MOFCOM has released the 2015            will be entitled to search the registry
foreign investors will not need to pay     Foreign Investment Industrial           or whether applicants must establish
their registered capital in full before    Guidance Catalogue, covering            some relationship to the property
borrowing loans locally.                   three main types of foreign-invested    at issue. Implementation of these
                                           enterprises: wholly-foreign owned;      provisions of the Property Law will
Loosened down-payment                      equity joint venture; and cooperative   need to be monitored closely.
requirements (September 2015)              joint ventures. All restrictive lists
The Ministry of Housing and Urban-         regarding real estate investment have   Foreign exchange controls
Rural Development (MOHURD),                been completely removed from the        In addition to the hurdles presented
Ministry of Finance and PBoC jointly       new guidance catalogue.                 by legislation outlined previously,

                                                                                                           savills.com.hk/research   017
You can also read