Monday, 14 December 2015

How GST Will Change the Face of Indian Economy?


Thanks to its Inordinate delay and excessive media coverage around it, GST has become a household acronym today. But let us understand what is the kind of impact it will have if it is enacted. Let’s start with a simple example on movement of goods in India. Very recently one of my close industrialist friend who has business interests in North East told me that a truck ferrying his goods from Mizoram to Indore takes around 18 days to cover 2700 Km approx. That is an average of 150 Km per day. Indian truck drivers clock an average of 280 km per day, much below the world average of 400 km per day and far below the 700 km the average truck driver in the US does every day. The underperformance of Indian truckers has less to do with bad roads and quality of trucks and more about prevailing laws.
Truck drivers in India spend 60 - 70 per cent of their time off roads negotiating check posts and toll plazas. There are 650-odd check posts in the country and 11 categories of taxes on the road transport sector. Since road traffic accounts for 60 per cent of freight traffic in India, the slow movement of trucks across states leads to productivity loss. According to research findings, if the distance covered goes up by 20 per cent per day, Indian truck productivity would improve by 12 per cent.
Higher productivity would cut the need for buffer stocks; reduce the loss of perishable goods, cut down the need for many warehouses, etc. Analysts say the implementation of the goods and services tax (GST) could provide the kind of productivity boost illustrated above. The benefits of GST are:
1) Unified market: The GST will cut down the large number of taxes imposed by the central government (eg. central VAT or excise duty, services tax, central sales tax on inter-state sales, etc.) and states (VAT on sales, entertainment tax, luxury tax and octroi and entry taxes levied by municipalities). This will lead to the creation of a unified market, which would facilitate seamless movement of goods across states and reduce the transaction cost of businesses.
2) Lower incentive to evade tax: Currently, companies have to pay taxes on entire underlying value of the product/service, but under GST, companies in a chain will have to pay tax only on the value-addition. So, the actual tax paid will likely be small and reduce the incentive for evasion. Also the system would monitor those who evade taxes. "For every product manufactured there is going to be a bill of material. Say for example, what are the inputs going in to manufacturing a chair? Leather how much, plastic how much, the leavers etc. So when this material is procured it would be mapped out what are the taxes paid on each of them. Once its manufactured entire chair is manufactured entire tax paid on the raw material would be credited back and only the final product would be taxed ..
3) Widen tax base: GST will give credits for all taxes paid earlier in the goods/services chain incentivising tax-paying firms to source inputs from other registered dealers. This will bring in additional revenues to the government as the unorganised sector, which is not part of the value chain, would be drawn into the tax net. Besides, states will be allowed to tax services (as opposed to only the central government) under the GST.
According to the National Council of Applied Economic Research, government's tax revenue will increase by about 0.2 per cent because of GST implementation, while GDP growth could go up by 0.9-1.7 per cent. Exports will also get a boost as they are zero-rated for taxes and also because the fall in cost of manufactured goods and services under GST will increase the competitiveness of Indian goods and services in the international market.
But in shorter run, implementation of GST will have its inflationary effect as the cost of all services and goods will increase by anywhere between 5 to 8% and this could be for a cycle of at-least 2 to 3 years.

One reason why the Real Estate Bill is likely to fail

By now, we all have some idea about the  latest real estate bill and we all must accept that, the Bill is very well worded and has solutions for almost all the problems that home-buyers face while dealing with real estate companies. Nevertheless, there are problems with real estate that go beyond the Bill and the Bill at best when it becomes an Act only takes care of some of the issues concerning the real estate sector.

The broader point is that real estate is a sector which needs to be regulated by the state government. It calls for a real estate regulator (the Real Estate Regulatory Authority to be very precise) to be set up in every state and union territory. And ultimately the success of the Bill as and when it becomes an Act depends on how seriously the respective state governments implement it.

Further, the Select Committee of the Rajya Sabha met the real estate promoters during the course of deliberating over the Bill. In their submission to the Select Committee the real estate promoters were critical on "the delays caused in obtaining the various approvals before starting any real estate project". Some of the real estate promoters pointed out that it took years to obtain necessary approvals. This ultimately delayed the project and added to its cost as well. The promoters also told the Select Committee that they should not be held responsible for delays in handing over homes on account of inaction or delayed action of the state governments. As a recent news-report in the Mint pointed out: "Developers need about 54 to 60 approvals before starting to build, a process that can stretch on for years. They need permissions ranging from an "Ancient Monument" approval to ensure that no monuments of historical significance are near the proposed project, to clearance from the Tree Authority, which must ascertain how many trees, if any, will be cut as a result of construction."

The Select Committee of the Rajya Sabha in its report talks about single window clearance from the state government to facilitate development of the real estate sector. And how will this be achieved? Section 32(b) of the Bill talks about the real estate regulator in order to facilitate the growth and promotion of a healthy, transparent, efficient and competitive real estate sector, should be making recommendations to the appropriate state government on creation of a single window system ensuring time bound project approvals and clearances for timely completion of real estate projects. I guess there is nothing beyond this the Real Estate Bill can really do. So it ultimately boils down to the state governments whether they are in the mood to give a single window clearance for real estate projects.

How good are the chances of something like that happening? The entire process of clearing a real estate project through the various stages is a good money making exercise for both state level politicians as well as bureaucrats. So the economic incentive is clearly against a single window clearance. Also, much of the money thus raised is used to fight elections at the state level. The builder-political nexus is a huge source of finance to fight elections at the state level for politicians. Will this nexus break down?

Further, many politicians at the state level are real estate promoters (or builders) themselves or if not promoters they have others operating as fronts. Given this, why would they want a transparent and an efficient real estate sector, when the opaqueness and inefficiency benefits them the most.

So the Real Estate Bill as and when it becomes an Act will definitely move things forward from the consumer point of view. Nevertheless, it is clearly not the panacea that it is being made out to be.

The Real Estate Bill



On December 9, 2015, the union cabinet approved the Real Estate (Regulation and Development) Bill, 2015, as reported by the Select Committee of Rajya Sabha. In May earlier this year, the bill had been sent to a Select Committee of the Rajya Sabha. The union cabinet has accepted all the suggestions made by the Select Committee. The Bill will now be put up before both the houses of Parliament.

So what does the Bill have to offer?

The real estate market in India is an excellent example of information asymmetry where one side has much more information than the other. In this case, the real estate promoters and the real estate agents have much more information than the home-buyers. Even getting something as basic as the going price of an apartment in a given area is very difficult.

The Rajya Sabha Select Committee on the Bill met real estate consumers and this is what it had to say in its report: "These consumers were unanimous in their submission that they have no means to know about the real status of the project for example whether all the approvals have been obtained, who is holding the title of the land, what is the financing pattern of the project and what has been the past record of the builder etc.? As a result, they invested their money without having any information about the project. In many cases, they were not given what was promised to them and in almost all cases the project was delayed."



The Bill seeks to tackle this information asymmetry and the fact that the real estate sector does not have any single regulator regulating it. The Bill talks about setting up of a real estate regulator (Real Estate Regulatory Authority to be very precise) in every state and union territory. A real estate promoter needs to register a project with the real estate regulator before he starts selling or advertising it.

Projects with the area of land proposed to be developed exceeding five hundred square meters or where more than eight apartments are to be developed, need to be registered with the real estate regulator of the state they are based in. The application to the regulator needs to be accompanied with details like the real estate projects already launched by the real estate promoter in the past five years. It also needs to be mentioned whether these projects have been completed or are still under development. If the projects has been delayed, the reasons for the delay need to be mentioned. Over and above this an authenticated copy of the approvals and commencement certificate from the competent authority also needs to be submitted. Other important details like land title, the layout plan for the proposed project, the location details of the project, also need to be submitted to the regulator.

After an approval is granted by the real estate regulator, the real estate promoter will have to upload all these details on to the website of the real estate regulator. Any advertisement of the project should have the precise link to the project details as well. At the time of booking and issuing an allotment letter to the buyer, the promoter needs to make available to the buyer, the time schedule of completion of the project, including the provisions for civic infrastructure like water, sanitation and electricity. Many real estate companies over the years have sold homes without the basic amenities in place. In some cases, housing societies have even lacked a water connection and have needed to get water delivered through water tankers almost on a daily basis for years. The Real Estate Bill hopes to correct this. It also hopes to correct the information asymmetry that prevails in the sector up until now.

The Bill also allows any real estate buyer to file a complaint against the real estate promoter or real estate agent with the real estate regulator in case any violation of the provisions of the Bill as and when it becomes an Act.

A major problem with the sector has been a delay in the delivery of homes. One of the major reasons this happens is because real estate companies announce a new project, raise money and then use that money either to complete an earlier project or pay off debt. This has led to a situation where many projects have been delayed endlessly given that the trick of starting a new project and raising money doesn't seem to be working anymore. The Bill seeks to correct this situation. The real estate promoter needs to maintain 50% or "such higher percent, as notified by the appropriate government" of the amount raised from the buyers of homes, in a separate bank account. This money can be only used for the cost of construction and can be withdrawn by the real estate promoter in proportion to the percentage of completion of the project. This is one of the major clauses in the Bill and if implemented correctly can bring huge relief for the buyers. This clause has been diluted. In the original version of the Bill, the promoter needed to maintain 70% of the amount raised in a separate bank account. The reason offered for this dilution is that in many cases land prices form a major part of the project and maintaining 70% of the money raised in a separate bank account isn't the best way forward.

Further, up until now the buyer while buying a home had no clue about what exactly was the area that he was paying for. The Bill defines the term carpet area exactly as: ""carpet area" means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony or verandah area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment." Again, if implemented well this clause can bring huge relief to home buyers.


Real estate agents will also need to register with the regulator. This is another good move where not anyone and everyone will jump into become a real estate agent or a broker, as is the case currently.

Also, currently the real estate promoters keep changing the plans as they keep building the project. Once the Bill becomes an Act, this may no longer be possible. Any alterations to sanctioned plans, layout plans and specifications of the buildings or the common areas within the project will need written consent of at least two-thirds of the buyers other than the promoter, who have bought apartments in the building. This is another buyer friendly measure. On a jovial note what this means is that real estate promoters will have to stop advertising all those swimming pools which are planned at the time a project is launched but never get built.

Up until now buyers have had to pay a huge rate of interest every time they miss a payment to the real estate promoter. But the promoters never pay or at least don't pay the same high rate of interest, if there is any delay on their part. The Bill essentially calls for the same rate of interest to be paid by the real estate promoter as well as the buyer in the eventuality of a default on either side.

Further, if the promoter violates any one of the provisions under section 3 of the Bill he shall be punishable with imprisonment for a term which may extend up to three years or a fine which may extend up to a further 10% of the estimated cost of the project, or with both. Section 3 of the Bill basically deals with the real estate promoter having to register with the real estate regulator before launching a project and then following a series of buyer-friendly steps.

On paper, the Bill seems to be well thought out and takes care of the all the issues that buyers have had with real estate promoters in the years gone by. Nevertheless, the implementation of the Bill as and when it becomes and Act, will be carried out at the state government level. And whether state governments carry out the implementation in true letter and spirit remains to be seen.

Tuesday, 3 November 2015

Is World running out of Crude Oil?


 
During the years 1999 and 2000, the price of Crude Oil more than doubled. At the time, the theory of peak oil was used to explain the rise in prices. According to this theory, crude oil production was in terminal decline. I remember hearing in the press that the world would run out of oil within thirty to fifty years and there will be no oil left to service our requirements. I immediately calculated the period and thought I will still be alive to see that day.

In 2001, I met one economist at the IMA conference in Indore and posed him the same question about by when will we run out of the crude oil. The response from him was NEVER. This really amused me. There were so many theories running around about how there will be no shale oil production and about the depleting fossil fuel reserves. Holding my enthusiasm to present a counterpoint which was to be from all the knowledge that I had acquired by reading business dailies, I requested him to elaborate on the same.

The explanation was a typical economic response. He explained that prices will adjust to ensure that oil never runs out of supply. If supply does indeed decline, the price will rise to a point where it will lead to a lower consumption / demand or will rise to a point where we'll switch to an alternative cheaper fuel. Higher prices would spur intensive innovation and technological development leading to finding additional oil or developing other sources of energy.

Though the response came from an economist and not a scientist or a oilman, I was still assured that I need not worry about crude oil running out and even if we stop using oil, it would be because we would switch to something better.

From early 2002 until the middle of 2008, crude oil began a sustained up-move. At its peak, it had increased to more than five times its 2002 level. Once again, the theory of peak oil became popular and so were predictions of oil reaching astronomical prices.

Scenario has changed today and we find ourselves with more crude oil than we know what to do with it. In real terms, prices are around the same as they were 15 years ago.

Much of the decrease in price is due to US production of shale oil. Recently, US production has slowed down as producing shale oil is unprofitable at current prices. Shale oil is down, but not out. As soon as prices go up again, the supply will return.

But do we really need to worry about crude oil running out? My answer is no. Will we stop using crude oil? May be yes, but it will be for something better.
Please revert with your feedback and what do you think about crude oil being run out

Wednesday, 15 July 2015

Real Estate Investment Trust - Real Estate Investing

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REIT or Real Estate Investment Trust is a company that owns or funds the income producing Real Estate. REIT provides its investors all types of regular income streams, diversification and the long term capital appreciation. It allows every investor the opportunity to invest into large scale income producing Real Estate the way one would invest into stocks, mutual funds or debentures. It provides access to highly capital intensive large scale commercial Real Estate to the average investor.


What are the benefits of REIT fund?

Access to income producing Real Estate at low investment: REIT funds provide common investor an access to income producing large scale Real Estate with very low investment. Typically, if someone has to invest in a small commercial property of 500 sq ft in a city like Bangalore, you would have to make an investment of minimum Rs. 35 – 40 Lac. With REIT fund, you can reap the benefits of higher return on large scale commercial projects at the fractional cost (Rs. 1- 2 Lac)


·        Diversification of your investment portfolio: It provides you an alternative and diversification to your investment portfolio. As mentioned in my earlier post, Real Estate is an important class to be a part of your investment portfolio and investing into REIT funds provide you that diversification. Also returns in REIT have a very low correlation to the Broader markets and thus are very consistent. This also reduces the risk in your investment portfolio

·         Inflation Protection:  REITs provide natural protection against inflation. Real estate rents and values tend to increase when prices do. This supports REIT dividend growth and provides a reliable stream of income even during inflationary periods.

·         Performance: REITs across most of the international markets have delivered better growth and income as compared to most of the asset classes like corporate Bonds etc

·         Liquidity: REITs are listed on the stock exchanges and are trade-able instruments thus providing easy liquidity as compared to the Real Estate investment.

·         Transparency: REITs are professionally managed funds with very strong  corporate governance rules applicable to them. They are traded in open markets and thus are transparent to Markets  as well as there  is transparency in taxes applicable on returns generated through them.

In addition to the investment performance and portfolio diversification benefits available from investing in REITs, REITs offer several advantages not found in companies across other industries. These benefits are part of the reason that REITs have become increasingly popular with investors over the past several decades.
REITs' reliable income is derived from rents paid to the owners of commercial properties whose tenants often sign leases for long periods of time, or from interest payments from the financing of those properties.Most REITs operate along a straightforward and easily understandable business model: By increasing property occupancy rates and rents over time, higher levels of income may be produced. When reporting financial results, REITs, like other public companies, must report earnings per share based on net income as defined by generally accepted accounting principles
Types of REITs:

REITs are classified into 2 broad categories:

Equity REITs:
Equity REITs mostly own and operate income-producing real estate. They increasingly have become real estate operating companies engaged in a wide range of real estate activities, including leasing, maintenance and development of real property and tenant services. One major distinction between Equity REITs and other real estate companies is that a REIT must acquire and develop its properties primarily to operate them as part of its own portfolio rather than to resell them once they are developed.

Mortgage REITs:
Mortgage REITs mostly lend money directly to real estate owners and operators or extend credit indirectly through the acquisition of loans or mortgage-backed securities. Today's Mortgage REITs generally extend mortgage credit only on existing properties. Many mortgage REITs also manage their interest rate and credit risks using securitized mortgage investments, dynamic hedging techniques and other accepted derivative strategies.



The 3rd category that has started emerging is the Hybrid category that deploys funds in both the above categories i.e. direct investments into properties as well as mortgages.


REITs are strangers to Indian market. SEBI on 26th September 2014 laid the detailed framework for  the registration and regulation of REITs in India. Post that some  of the large Real Estate companies like DLF have started readying for the launch of their REIT funds. This is the asset class that will see a lot of activity in coming 8 to 12 quarters once the economy picks up demand for Real Estate starts picking up.

Do revert with your comments and feedback.

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Monday, 13 July 2015

Reverse Mortgage - Real Estate investing

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Reverse Mortgage is one of the investment tools that enable old people to liquidate their investments into homes at older age. Simply put, Reverse Mortgage is opposite of a conventional home loan. It allows the borrower to get a regular monthly income for stipulated time period from the lender against the mortgage of their house.



How does a reverse mortgage work?

When the house is pledged, the lending bank does the monetary evaluation of the property basis the demand for the property, current market price and the condition of the property. Once the financial value is arrived at, the loan as agreed with the borrower is lent in lump sum amount, yearly amount, quarterly or monthly amount as mutually agreed between the lending bank and the borrower.

A reverse mortgage is an ideal option for senior citizens who require regular income, or if the property is of illiquid nature for some reason.

General guidelines for reverse mortgage

The Reserve Bank of India has formulated the following guidelines for a reverse mortgage.

Maximum loan amount would be up to 60% of the value of the residential property.

Maximum tenure of the mortgage is 15 years and minimum is 10 years. Some banks are now also offering a maximum tenure of 20 years.

The re-evaluation pf the property is to be undertaken by the lender once every 5 years. If at such time, the valuation has increased, borrowers have the option of increasing the quantum of the loan. In such a case, they are given the incremental amount in lump-sum.

Amount received through reverse mortgage is a loan and not income. Hence it will not attract any tax. However, a borrower is liable to capital gains tax, at the point of alienation of the mortgaged property by the mortgagee for the purposes of recovering the loan.

Reverse mortgage interest rates could be either fixed or floating and are decided basis prevailing rates in the market.


Eligibility Criteria for reverse mortgage

House owners above the age of 60 years. If spouse is a co-applicant, then she should be above 58 years.

Owners of a self-acquired, self-occupied residential house or flat, located in India. The titles should be clear, indicating the prospective borrower's ownership of the property.

Property should be free from any encumbrances.

The life of the property should be of minimum 20 years and should be the permanent or primary residence of the individuals.

How Reverse Mortgage is settled?

A reverse mortgage loan becomes due when the last surviving borrower dies, or if the borrower chooses to sell the house. The bank first gives an option to the next of kin to settle the loan along with accumulated interest, without sale of property. If the next of kin is unable to settle the loan, the bank then opts to recover the same from the sale proceeds of the property.

Any extra amount, after settlement of the loan with accrued interest and expenses, through the sale of the property, will be passed on to the legal heirs. If the sale proceeds are lower than the accrued principal plus interest amount, the loss is borne by the bank. This loss could happen in cases where the banks original estimation is not in line with the real estate market movement.

Other Factors

Prepayment of loan: Borrowers could prepay the loan at any time during the tenor of the loan, at no prepayment penalty or charges.

Outliving the tenure of the loan: If the borrower outlives the tenure of the loan, he could continue to stay in the house. The lending institution may however cease the monthly payments. Settlement of the loan is done only after the borrower's death.

Death of one of the spouses: If one of the spouses dies, the other can still continue living in the house. Only on death of both, settlement of the loan takes place.

Foreclosure: The loan could be foreclosed by the lender if

The borrower has not stayed in the house for a continuous period of one year.

The borrower has not paid property taxes and fails to insure the home

If the borrower declares himself as bankrupt.

If the mortgaged property is donated or abandoned by the borrower.

If the borrower makes changes in the residential property, that could affect the security of the loan for the lender. This could be renting out part or entire house, addition of a new owner to the house's title or creating further encumbrance on the property.

If the government under statutory provisions, seeks to acquire or condemn the residential property for health or safety reasons.


Drawbacks

Lengthy documentation procedures: Banks require various documents of the property. For a senior citizen this procedure could be tedious, complicated and difficult to understand.

Fixed monthly amounts: The monthly payouts are fixed. There is no provision to increase this amount in case of an emergency or contingency

 Thank you for reading this article. Do revert with your suggestions and feedback.

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NCDs as investment opportunity in Real Estate

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NCDs are Non Convertible Debentures, considered one of the best debt options  for the purpose of investments. This is the route highly treaded by the real estate companies to raise money for their capital requirements. 






There are many reasons why people should invest in NCDs:



1. NCDs yield better returns: NCDs offer better returns than Bank FDs and fairly attractive due to advanced returns and lower risk when compared with other investment options. The interest rate and rate of return may vary between 11% to 18% depending on the market conditions and credit profile of the companies offering NCDs.

2. NCDs are not subjected to TDS:  Returns from several venture instruments such as bank fixed deposits and company fixed deposits are subject to tax deduction at source (TDS). But in case of an NCD, as per section 193 of the Income Tax Act, no such taxes on interest earned are applicable when securities are issued by a company in a dematerialized (Demat) form and listed on a stock exchange.  However, taxes are applicable to NCDs if they are in physical form. Also, a Non Resident Indian (NRI) who invests in NCDs is subject to TDS according to section 195 of the IT act.

3. NCDs are safer than other instruments: Not only do NCDs receive good credit rating, but they are also completely protected by the possessions of the company in form of land, earnings, assets etc.. Nevertheless, NCDs are also not completely insulated from market risks, but this risk is much lower in comparison.

4. NCDs can be easily liquidated: In case of NCDs you have an option to either sell on the National Stock Exchange or exercise a put option with regards to a premature exit. Exercising a put option enables the investor to exit the bond in return of the face value on the stipulated date. They have better liquidity due to their NSE listing.
There are a few disadvantages of premature exits such as interest rate risk on exits from the secondary markets.  NCDs from the Real estate companies offer better rates of return though have their fair share of risk attached to such investments.



Factors to consider while selecting an NCD



Credit profile of the company: It is very important to check the credit profile of the company offering NCDs. You would not want the default on payment of your hard earned money and thus do your own due diligence on the financial health of the company before selecting on the particular NCD

Credit rating of the instrument: Next is to check the credit rating of the NCD. There are independent rating companies like CRISIL that rate the individual investment instruments and its worthwhile to check the ratings of the instrument that you wish to invest into.

Usage of the fund: Please ensure to check, where your funds are likely to be invested. Please avoid investments into the funds where the utilization of funds will be for non-core business of the company or any major deviation from the core business of the company.

Liquidity: The NCDs listed on stock exchange are easily liquitable and can be traded into the secondary markets. This provides for an opportunity to exit your investment whenever you may choose to do so. Though there are certain implications on your returns and tax applicable on your investment.

Factor in the post-tax returns: Please read the tax applicable on the NCDs selected. The higher tax may reduce the return in hand (post tax return) and there are better options available that might make your NCD investment less attractive.


Trust this article helps you in making wiser investment decision. Please write back to me with your feedback/suggestions.
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