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Property Management Breakfast Forum
Wednesday 8 February 2012
Sustainability as a Competitive
Advantage

Moving Beyond Compliance
February 2012
What does Sustainability mean to us?


    To be sustainable, buildings must be economically viable (occupied),
    socially engaging (a comfortable place to live/work/play), accessible,
      adaptable and have the lowest possible environmental impact.




 Three core measures


 • Environmental performance
 • Economic and Financial Aspects
 • The working Environment
Compliance – it will get tougher



                2005 - 2010


         EPCs                 DECs




                2010 - 2015

         CRC                  FITs




             2015 – onwards

     Raised Carbon      Minimum EPC
         Price              Rating



                                      3
What’s Driving Sustainability
• Supply Chain Demand (e.g. L&G, M&S)


• Increasingly stringent regulation


• Genuine Efficiency opportunities


• Brand & Value Protection / Enhancement


• Market Expectation




  First Movers are
  gaining a
  Competitive
  Advantage


                                           4
Link to Value and Risk – Our View

                                                       Brand Damage



                                    Obsolescence




              Underperformance – high costs & carbon
              impact
       Risk




                                                       Low Occupancy / Failure to Attract
                                                       Tenants




                                   Non Compliance




                                        Time
What the Fund Managers are Saying….
Aviva Investors
“Sustainability plays an integral role in all of Aviva Investors' decision making”.
Henderson Global Investors
“By improving the sustainability profile, Henderson can future-proof its assets,
particularly as it expects a two tier property market to emerge as the market
recovers. Henderson believes that the sustainability performance of a property will
play a vital part in value protection and have an impact on operational costs, asset
values, obsolescence and rental growth as well as occupier satisfaction”.
PruPIM
“The business case for sustainability is well established. Sustainability will be very
important to real estate investment performance over the course of the next five
years, despite the economic challenges faced by all businesses in recent years”.
L&G
“At Legal & General Property, we’re working hard to make sustainability an
integrated part of what we do every day. we’re going beyond the industry norm
seeking to make every single one of the properties that we manage as efficient and
sustainable as possible”.

                                                                                         6
A Best Practice Approach

                       Understand
                         Risks &
                       Performance



                                     Benchmark



                                                  Develop a
                                                     Plan
                                                 (A Strategy)



                                                                Implement



                                                                             Monitor
                                                                            Progress



                                                                                       Review and
                                                                                         Revise
Practical Improvements to Deliver Performance
Area           Action                        Cost             Saving                  Payback       Carbon Saving

Monitoring &   Install sub metering and      £15,000          10% energy              2 years –     25,000 kWh per
carbon         introduce a metering and                       reduction per year -    based on      annum (1.0
management     monitoring strategy                            working in              improved      tonnes)
                                                              conjunction with EMS    tracking of
                                                              programme               consumption
Gas            Introduce Boiler              £5,550           £9,000 per annum        10 months     15,000 kWh per
               Optimisation                                                                         annum (0.5
                                                                                                    tonnes)

Elec.          Implement LED Lighting        £50,000          £114,000 over five      2.2 years     55,000 kWh per
               Improvement programme                          years                                 annum (2
                                                                                                    tonnes)

Elec.          Voltage Optimisation (ROI     £30,000          £18,000 per annum       1.5 years     25,000kWh per
               impacted if LED                                                                      annum (1 tonne)
               implemented)
Training       Introduce a training          £1,500           Greater awareness       n/a           n/a
               programme for on site staff                    will deliver improved
                                                              working practices &
                                                              efficiencies
Compliance     Review, and where             No cost –        Compliance              n/a           n/a
               necessary improve F-Gas       contractor       requirement
               Records and hold on site      responsibility


                                                                                                                      8
What can be Achieved
  Client Type             Delivery                      Output
  Fund Portfolio          Sustainability action plans     £1.6m per annum
                          and EMS developed               savings (normalised)
  (1 year period)                                         11,000 tonnes carbon
                                                          reduction
  Shopping Centre         Sustainability action plans     13.6% electricity
                          and EMS developed               reduction
  (1 year period)                                         16.7% gas reduction
                                                          19.9% water use
                                                          reduction
  Central London Office   Sustainability Audits,          4.7% energy reduction
  portfolio (3 offices)   Environmental Performance       55% recycling rate
                          Monitoring, Improvement
  (9 month period)        Planning and Occupier
                          Engagement




                                                                                  9
Contact Details

Chris Bennett
Managing Director
07810 631599
cbennett@scs-re.co.uk


Paul Sutcliffe

Operations Director
07557 529104
psutcliffe@scs-re-co.uk


www.scs-re.co.uk




                          10
Property Management Forum – 8 February 2012
Non Resident Property Investors


            Adrian Benosiglio ACA CTA
            Tax Director
            BDO LLP

            Dir Tel: +44 (0)20 7983 2479
            Mobile: +44 (0)7800 682 719
            Email: adrian.benosiglio@bdo.co.uk
Non Resident Property Investors
Matters Covered

•   Review of UK direct tax on property investors
•   Non resident landlords and agents
•   Finance
•   Capital allowances
•   Management and control
•   Risk of trading
•   Compliance matters
Non Resident Property Investors
Review of UK direct tax on property investors

Type of company    UK tax rate on       UK tax rate on      UK tax rate on
                   rental income        trading profits     capital gains


UK company                 26%                 26%                  26%


Offshore company           20%             26%/20%/0%             Exempt



  The standard rate of corporation tax is reducing 1% a year from 26% to 23%
  by April 2014
Non Resident Property Investors
Non resident landlords and agents
•   Net rental payments are subject to 20% income tax.
•   The responsibility for withholding this tax is with the agent or tenant
•   The tax is paid over to HMRC on a quarterly basis
•   Credit is given to the Non Resident Landlord (NRL) in their income tax
    return and overpayments repaid to them
•   This represents a timing difference to an offshore company
•   Registration under the NRL scheme avoids the necessity to withhold tax
•   Agents should take care and withhold tax unless HMRC confirm in
    writing they can operate NRL scheme
•   Two payments are made with a balancing adjustment in the January
    following the fiscal year
Non Resident Property Investors
Finance


•   Finance is normally the largest deduction for a property investor
•   Restricted bank finance has led to an increase in mezzanine finance
•   Consider debt structures from related parties
•   Transfer pricing on both level of debt and rate applied
•   Withholding tax risks on interest payments
Non Resident Property Investors
Capital allowances
•   Capital allowances are available on plant/fixtures but not buildings
•   From April 2012 rates will be 18% and 8%(for long life assets and integral
    features)
•   New rules for fixtures from April 2012 will apply:
    - seller and purchaser must jointly set price of fixtures
    - seller must provide written statement of amount brought into account
    - two year limits for above
•   If no agreement then First Tier Tribunal to give independent
    determination
•   Advice – deal with at time of transaction
•   Consider wear and tear allowances
•   Correct allocation for repairs
Non Resident Property Investors
    Management and control
•       Company is UK resident if incorporated or managed and controlled in UK
•       Management and control:
    •     Roles of directors
    •     Location of board meetings and shareholders meetings
    •     Residence of directors
    •     Quorum of meetings
    •     Expertise of board
    •     Shadow directors
    •     Board meetings – frequency, agenda and minutes
    •     Location of company’s books
    •     UK activities
    •     Overseas trips by UK key personnel
    •     Intra-group services
Non Resident Property Investors
    Risk of trading
•    Trading without a permanent establishment is subject to 20% UK income
     tax
•    Trading with a permanent establishment is subject to 26% UK
     corporation tax
•    What is trading is determined by the badges of trade:
         Profit motive
         Length of ownership
         Frequency of similar transactions
         Supplementary work
         Circumstances of sale
         Source of finance
•    Permanent establishment can be set by fixed place of business or an
     agent who is not independent
Non Resident Property Investors
    Compliance matters

•    Quarterly and annual returns (Agent)
•    Annual income tax returns (offshore entity)
•    Tax payments
•    UTR required for filing electronically – but NRLs not covered
•    Partnerships require all partners’ UTR to complete return – ensure time
•    VAT returns
Property Management Forum – 8 February 2012
Non Resident Property Investors


            Adrian Benosiglio ACA CTA
            Tax Director
            BDO LLP

            Dir Tel: +44 (0)20 7983 2479
            Mobile: +44 (0)7800 682 719
            Email: adrian.benosiglio@bdo.co.uk

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120208 Property Forum Presentation

  • 1. Property Management Breakfast Forum Wednesday 8 February 2012
  • 2. Sustainability as a Competitive Advantage Moving Beyond Compliance February 2012
  • 3. What does Sustainability mean to us? To be sustainable, buildings must be economically viable (occupied), socially engaging (a comfortable place to live/work/play), accessible, adaptable and have the lowest possible environmental impact. Three core measures • Environmental performance • Economic and Financial Aspects • The working Environment
  • 4. Compliance – it will get tougher 2005 - 2010 EPCs DECs 2010 - 2015 CRC FITs 2015 – onwards Raised Carbon Minimum EPC Price Rating 3
  • 5. What’s Driving Sustainability • Supply Chain Demand (e.g. L&G, M&S) • Increasingly stringent regulation • Genuine Efficiency opportunities • Brand & Value Protection / Enhancement • Market Expectation First Movers are gaining a Competitive Advantage 4
  • 6. Link to Value and Risk – Our View Brand Damage Obsolescence Underperformance – high costs & carbon impact Risk Low Occupancy / Failure to Attract Tenants Non Compliance Time
  • 7. What the Fund Managers are Saying…. Aviva Investors “Sustainability plays an integral role in all of Aviva Investors' decision making”. Henderson Global Investors “By improving the sustainability profile, Henderson can future-proof its assets, particularly as it expects a two tier property market to emerge as the market recovers. Henderson believes that the sustainability performance of a property will play a vital part in value protection and have an impact on operational costs, asset values, obsolescence and rental growth as well as occupier satisfaction”. PruPIM “The business case for sustainability is well established. Sustainability will be very important to real estate investment performance over the course of the next five years, despite the economic challenges faced by all businesses in recent years”. L&G “At Legal & General Property, we’re working hard to make sustainability an integrated part of what we do every day. we’re going beyond the industry norm seeking to make every single one of the properties that we manage as efficient and sustainable as possible”. 6
  • 8. A Best Practice Approach Understand Risks & Performance Benchmark Develop a Plan (A Strategy) Implement Monitor Progress Review and Revise
  • 9. Practical Improvements to Deliver Performance Area Action Cost Saving Payback Carbon Saving Monitoring & Install sub metering and £15,000 10% energy 2 years – 25,000 kWh per carbon introduce a metering and reduction per year - based on annum (1.0 management monitoring strategy working in improved tonnes) conjunction with EMS tracking of programme consumption Gas Introduce Boiler £5,550 £9,000 per annum 10 months 15,000 kWh per Optimisation annum (0.5 tonnes) Elec. Implement LED Lighting £50,000 £114,000 over five 2.2 years 55,000 kWh per Improvement programme years annum (2 tonnes) Elec. Voltage Optimisation (ROI £30,000 £18,000 per annum 1.5 years 25,000kWh per impacted if LED annum (1 tonne) implemented) Training Introduce a training £1,500 Greater awareness n/a n/a programme for on site staff will deliver improved working practices & efficiencies Compliance Review, and where No cost – Compliance n/a n/a necessary improve F-Gas contractor requirement Records and hold on site responsibility 8
  • 10. What can be Achieved Client Type Delivery Output Fund Portfolio Sustainability action plans £1.6m per annum and EMS developed savings (normalised) (1 year period) 11,000 tonnes carbon reduction Shopping Centre Sustainability action plans 13.6% electricity and EMS developed reduction (1 year period) 16.7% gas reduction 19.9% water use reduction Central London Office Sustainability Audits, 4.7% energy reduction portfolio (3 offices) Environmental Performance 55% recycling rate Monitoring, Improvement (9 month period) Planning and Occupier Engagement 9
  • 11. Contact Details Chris Bennett Managing Director 07810 631599 cbennett@scs-re.co.uk Paul Sutcliffe Operations Director 07557 529104 psutcliffe@scs-re-co.uk www.scs-re.co.uk 10
  • 12. Property Management Forum – 8 February 2012 Non Resident Property Investors Adrian Benosiglio ACA CTA Tax Director BDO LLP Dir Tel: +44 (0)20 7983 2479 Mobile: +44 (0)7800 682 719 Email: adrian.benosiglio@bdo.co.uk
  • 13. Non Resident Property Investors Matters Covered • Review of UK direct tax on property investors • Non resident landlords and agents • Finance • Capital allowances • Management and control • Risk of trading • Compliance matters
  • 14. Non Resident Property Investors Review of UK direct tax on property investors Type of company UK tax rate on UK tax rate on UK tax rate on rental income trading profits capital gains UK company 26% 26% 26% Offshore company 20% 26%/20%/0% Exempt The standard rate of corporation tax is reducing 1% a year from 26% to 23% by April 2014
  • 15. Non Resident Property Investors Non resident landlords and agents • Net rental payments are subject to 20% income tax. • The responsibility for withholding this tax is with the agent or tenant • The tax is paid over to HMRC on a quarterly basis • Credit is given to the Non Resident Landlord (NRL) in their income tax return and overpayments repaid to them • This represents a timing difference to an offshore company • Registration under the NRL scheme avoids the necessity to withhold tax • Agents should take care and withhold tax unless HMRC confirm in writing they can operate NRL scheme • Two payments are made with a balancing adjustment in the January following the fiscal year
  • 16. Non Resident Property Investors Finance • Finance is normally the largest deduction for a property investor • Restricted bank finance has led to an increase in mezzanine finance • Consider debt structures from related parties • Transfer pricing on both level of debt and rate applied • Withholding tax risks on interest payments
  • 17. Non Resident Property Investors Capital allowances • Capital allowances are available on plant/fixtures but not buildings • From April 2012 rates will be 18% and 8%(for long life assets and integral features) • New rules for fixtures from April 2012 will apply: - seller and purchaser must jointly set price of fixtures - seller must provide written statement of amount brought into account - two year limits for above • If no agreement then First Tier Tribunal to give independent determination • Advice – deal with at time of transaction • Consider wear and tear allowances • Correct allocation for repairs
  • 18. Non Resident Property Investors Management and control • Company is UK resident if incorporated or managed and controlled in UK • Management and control: • Roles of directors • Location of board meetings and shareholders meetings • Residence of directors • Quorum of meetings • Expertise of board • Shadow directors • Board meetings – frequency, agenda and minutes • Location of company’s books • UK activities • Overseas trips by UK key personnel • Intra-group services
  • 19. Non Resident Property Investors Risk of trading • Trading without a permanent establishment is subject to 20% UK income tax • Trading with a permanent establishment is subject to 26% UK corporation tax • What is trading is determined by the badges of trade: Profit motive Length of ownership Frequency of similar transactions Supplementary work Circumstances of sale Source of finance • Permanent establishment can be set by fixed place of business or an agent who is not independent
  • 20. Non Resident Property Investors Compliance matters • Quarterly and annual returns (Agent) • Annual income tax returns (offshore entity) • Tax payments • UTR required for filing electronically – but NRLs not covered • Partnerships require all partners’ UTR to complete return – ensure time • VAT returns
  • 21. Property Management Forum – 8 February 2012 Non Resident Property Investors Adrian Benosiglio ACA CTA Tax Director BDO LLP Dir Tel: +44 (0)20 7983 2479 Mobile: +44 (0)7800 682 719 Email: adrian.benosiglio@bdo.co.uk