Comparative Tax Advantages of Canadian Pension Funds as Investors in Real Estate

This article analyzes the competitive situation of pension funds vis-à-vis conventional taxable investors investing in real estate. It assesses the rate of return effects that arise because of differences in tax rules applying to the principal investment vehicles available. A particular focus is on the special paragraph 149(1)(o.2) tax-exempt real estate investment corporation (REIC), which is available to pension funds for closely held real estate investments, as compared with tax flowthrough real estate investment trusts (REITs). REITs are available for broadly held real estate investments by pension plans and by conventional taxable investors investing either directly or through retirement savings plans. The analysis contrasts real estate investments with the competing returns that prevail when investments are made by the investors in conventional stock market equities. Base-case simulation results reflecting the Ontario investment environment are presented along with sensitivity analysis. Base-case simulation results support four conclusions. First, pension funds and tax-preferred savings plans (RRSPs/RRIFs and TFSAs) provide a 12 percent boost to investment returns for market share investments compared to taxable investors investing directly. Second, both taxable investors and pension funds have a tax bias against investing in closely held real estate through a taxable corporation because net returns are lower than for market share investments. Third, pension funds investing in closely held real estate through a REIC have a significant advantage over taxable investors investing through either corporate or unincorporated arrangements. Fourth, pension funds, RRSPs/RRIFs, and TFSAs have a significant and equivalent advantage relative to taxable investors when investing in broadly held real estate through a REIT, and absolute rates of return are higher than the rates that such investors would earn from investing in market shares. The study concludes with a brief discussion of factors that might be inhibiting pension fund investment in real estate.