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THE GOVERNMENT’S SHARE

Don't believe the hype. Lebanon is no tax haven, especially for those in real estate

by Michael Dunn

Taxation is at the heart of an economy. It cannot be seen

just as an “add on” that scoops revenue for the government.

Worldwide experience has shown that taxation policy

can either help the economy – or harm it. We all need government

investment in infrastructure from roads to telecommunications.

But if too high, taxation can be an impediment to

the private sector, especially during a recession when companies

are experiencing liquidity problems.

By international standards, property taxes in Lebanon are

high. This harms not just the real estate market, but all those sectors

that need to rent or buy property. The purchase tax, for example,

is 6.5%, or 16% in the case of foreigners. This compares to

the UK where the rate is l % for property valued under

$350,000, rising to 3% for properties valued above $700,000. In

Kuwait, it is just 0.5%.

This means that anyone buying a property in Lebanon at $1.0

million will face an immediate tax bill of $650,000. A foreigner

will face a whopping $1.6 million, a major disincentive to

investment and the reason why so many foreign investors go to

elaborate, time-consuming lengths to establish holding companies

to minimize their tax liability.

The high purchase tax is one reason why people delay reporting

their purchases to the land registry or seek a sworn expert

(khabeer muhallaf) willing to underestimate the price paid.

This encourages malpractice within the market and contributes

to the existing lack of transparency.

The tax on rental income in Lebanon is up to 17%, lower than

the British rate, which begins at 25%. But there is more than just

one tax on rental income. The built property tax, levied by the ministry

of finance, ranges between 4%, for rentals less than $13,300

in value, and 17%, for rentals valued above $120,000.

But there is also a stamp

duty, paid- usually

by the

owner – at 0.3%

the value of the

contract when it

is registered.

There is the

municipal tax,

paid annually by

the tenant. This

varies according

to the municipality,

but is generally between 5% and LO% of the rent. In

Beirut it is currently 6.5% on residential and 8.5% on commercial

leases. For property companies, the situation is even worse.

In addition to the taxes on rental incomes, they must pay an additional

15% on any profits earned from property owned, meaning

that they are effectively being taxed twice. This is a major

impediment to the development of property companies in

Lebanon, which is unfortunate. They could be a valuable way of

attracting foreign investors who would generally be put off by the

restrictions placed on the foreign ownership of land: specifically

the 5,000m’ cap for land owned outside Beirut and the

3,000m’ cap for land owned within Beirut.

A Lebanese colleague has demonstrated to me that on a rent

transaction, the fiscal and municipal authorities may gobble up

as much as 39. 7% (or 38.2% in Beirut) of the total amount. It’s

a worst-case example, but staggering nonetheless. This does not

include other costs, such as time away from work, that may be

involved in registering the rent contract with the municipality and

the ministry of finance. This is very high for a supposedly low tax,

free-market country.

Michael Dunn is the Beirut general manager of Healey & Baker, international real estate consultants.

The large hole being dug just down

from Sassine square, Ashrafieh

reflects the size of the ambitions of ABC which

 plans a substantial shopping development

there. Phase one, to be completed

by 2002, will be an 8,000m2 ABC department

store. The 1,500 car spaces at surface

and underground levels will serve both the

ABC store and whatever retail is included

in the subsequent phases.

ABC has not yet released plans for

anchor tenants (other than themselves) or its

target prices, or whether the development

will include a supermarket. The 20,000m’

plot should: allow at least 35,000m’ of

retail floorspace.

With the project worth upwards of $40

million, the company has carried out

detailed feasibility studies during the five

years since it began investigating such a

development in Beirut. It has commissioned

as architects the British company,

Building Design Partnership, whose credits

include the world’s largest Marks &

Spencer in Manchester, England, and

NikeTown in Oxford Circus, London.

Accessibility is a key issue in any large

shopping development, says an ABC

insider: “The roads in the Sassine area

have improved dramatically, especially

with the new link past Hotel Dieu hospital

to Abraj and Hazmieh. You can also be in

Hamra or downtown in five minutes.”

With many schemes under study or at the

planning stage for large-scale retail developments

in Beirut and its surroundings,

ABC wants to stay at the forefront.

The Dbayeh store opened in the

1980s when few would risk the

investment involved in a large

department store. ABC has eight

stores in Lebanon and will soon

reopen its flagship store on Idriss

street downtown.

At 35,000m’ the Sassine mall

would not fall too far short of the

49,000m’ Agora development

scheduled to open in Furn el

Chebak next year. It would be a

sizeable step forward for ABC,

whose Dbayeh store is l 4,000m2

,

including units let to big-name

retailers like Next and Starbucks.

Real estate rising?

Good news at last. The total number of

real estate transactions recorded in

July by the Land Registry was 9,609, up

29% from 7,419 in July 1999. The number

of sales reached 3,710, up 35% from 2,747

in July 1999.

The value of the transactions, too, seems

to have risen. The yield from property

taxes for July was LL18.4 billion, 25.7% up

on July 1999, and also an increase on

LL14.5 billion in June 2000.

Economist Marwan lskandar advises

caution before rushing to celebrate the end

of recession. ”This may reflect Arab visitors

buying during the summer and the

improved expectations following the

Israeli withdrawal,” he says.

The wider record remains bleak. The first seven months of 2000 saw total

property taxes at LL 110.2 billion, a

decline of 11.8% on the LL125 billion

in the first seven months of

I 999. Figures from the Order of

Engineers show that new permits

covered 3.21 1nillion m2 in the first

eight months of 2000, down 32% on

the same period last year (the fall

was a massive 60% in Beirut).

Cement deliveries for the first eight

months of the year totaled 1.6 million

tons, down 17% from the same

period in 1999. All this means we

have to wait and see. “Much will depend on the policies of the new government,”

notes lskandar.

Good news too for Solidere with

Transmed, the Middle East agents for

Proctor & Gamble, buying a new headquarters

downtown. The company has paid

around $5 .5 million for a renovated 2,500m2

building on the east side of Foch Street at Azmi

Bey street. The previous owner was a company

owned by Abdul Hafiz Itani, the chairman

of Lebanon and Gulf Bank, and the

property has substantial ground-floor retail

that Transmed would have the option of leasing

as shops. The price of $2,200 perm’ (for

a whole building) is a little below Solidere’s

target prices, of $2,500 perm’ for office and

$5,000 for retail, which many experts have

criticized as too high. ”Things are starting to

move,” says a Solidere official.

Up for grabs

The move of the Italian embassy to the

prestigious Assicurazione Generali

building in Place de l’Etoile has left their old

building at Rome and Rbaiz streets on the

market. There is surely room for negotiation

on an asking price for the 1,000m’ two storey

property of $3 million, especially

as the suggested annual rental is $150,000.

“It could be used for either residential or

offices,” says broker Abdo Salem.

But even the rental figure -$150 perm’

per year – would put the building at the top

end of the Hamra office market, which can

go as low as $50 per m2 a year. The residential

value would be lower, especially as

the building is at a busy interchange.

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