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Investment in property has been recognized as the unfailing means of acquiring wealth.  The phrase ‘safe as a house’ is clichéd.  Yet, it is the only truth in the context of return on investment scenario.  Return on investment in property is a slow process.  However, it is an investment that never fails.  

History also testifies to the fact that investment in property is a minimal risk investment.  The return from the property, services the investment. The net worth grows over time and generates income for further investments in property. 

Like any other investment, Property investment is a skill which has to be learned.  The investor must be aware that there are risks attached to any kind of investment.  He must also consciously acknowledge the fact that during the process of investment the risks attached seem to be magnified.  He must also accept that, the right choice of property, combined with considered management are absolute essentials in any property investment.  Property investment is a serious business that requires the right kind of commitment. 

Before actually launching into the purchase of a property, the investor must be clear as to the purpose of investment.  If investment may be for:

  1. Personal use

  2. To buy and Let

The purpose will determine the type and location of the property.  In the former instance property may have to be located close to the place of work or near an educational institution.  The type of property may not per se be of importance.  Its location may be important.  In the latter case all aspects of the property assumes importance.  It is a property purchased as an investment and the investor expects a return on property investment.
           

Investment Property should be selected keeping in mind the following environmental factors:

  1. High employment area

  2. Attractive buildings and surroundings

  3. Public Transport facilities

  4. High capital growth

  5. Developing areas

  6. Low maintenance costs

  7. High demand by letting agents

The Return on Investment (ROI) expected will include factors such as

  1. Appreciation of the asset

  2. Regularity of rental income

  3. Long term stable tenants

  4. Care by property managers.

  5. Tax benefits

Investing in foreign countries requires an understanding of the laws and systems as it impacts on investment by foreigners.  It also requires an understanding of the socio-economic fabric of the country as it will have a bearing on the value of the property. 

Therefore, before investing in property in a foreign land requires the investor to stay in the country for some time or a study of the socio-economic-demographic and political setup of the country in so far as it impacts on foreign investment in the country.
The housing market in China is undergoing a boom. 

Billions in foreign investment is being channelled into the country and the number of well off Chinese is also growing.  The demand for small apartments is on an uptrend.  The overall growth rate is determined at 20 percent for successive years.

Private ownership has been abolished in China.  All urban land belongs to the state, while rural land is owned collectively by collectives who are answerable to the central or state government.  However, the land use right can be transferred and hence much of the real estate business activity is centred on this concept. 

In 1988 the amendment of the Constitution established that a land use system can be on a leasehold basis.  Foreign investors have to pay for the use of the required site.  Theoretically the state can claim a part of the land back, but in practice a lack of legislative provisions makes it difficult to do so. 

Regulation of land use by foreigners is in two parts.  First the central Government provides several guiding principles in Interim Rules 1990 on sale and Transfer of State Land’s use rights in Cities and Towns and the regulations of 1990 on Development and Management of Tracts of Land by Foreign Investors. 

Secondly the Local Authorities have promulgated regional policies for providing incentives to foreign investors.
The State Land Administration Bureau is the agency that is the regulatory authority responsible for the implementation of the above rules. 

All land is registered and recorded by it and a land registration certificate is issued for any specific use.  This does not confer any right to trade it in the primary or secondary market and all rights are conferred by application to the Bureau only.  This implies that transfer of the right can be done only with the approval of the Bureau.

Prior to China’s accession to the WTO, the real estate was categorized in the version of the Foreign Investment Industrial Guidance Catalogue as a ‘restricted’ industry and foreign investors were not permitted to establish foreign owned enterprises in the real estate sector.  The revision of the catalogue in 2002 reflects China’s ‘encouragement’ to foreign investments. 

Foreign investors can now enter into joint ventures in China and can enter into high level real estate projects that have unit construction costs exceeding double the average for the same city.  However, tract land development is categorized as restricted and foreigners can only participate in such projects in the form or equity or cooperative JVs.  Not withstanding this, China has more than 5000 foreign invested real estate enterprises which constitute 20% of all real estate enterprises in China.

The Income tax on enterprise with foreign investment and foreign Enterprises is 33%.  Construction and transfer business tax is 3% for construction and 5% for Transfer.  Property ownership Urban Real Estate Tax is 1.2% and Land Appreciation in Transfer of Real estate Properties adopts a four level progressive rate. Transfer of land use rights and sales and purchases of Real Estate Deed Tax is 1.5-5%.

A foreign investor who wants to pay land deposit to related administrative agencies of land before establishing his enterprise should apply to the State Administration of foreign Exchange(SAFE) for opening a ‘Provisional Land Deposit Account’.  All remitted Foreign Exchange should be kept in this account for paying land deposit and all remittances to the State authorities should be made from this account only.

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