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503-Unconventional Equities
Our discussion of the stock market would not be complete without an
examination of what we might refer to as "unconventional equities." We lump
three types of securities into this category: real estate investment trusts
(REITs), master limited partnerships (MLPs), and royalty trusts. These
securities trade like stocks but carry important differences, particularly
with regard to tax treatment. Let's take a look at the benefits and drawbacks
of each security type.
Benefits of REITs
A real estate investment trust (REIT) is a company that owns and manages
income-producing real estate. REITs were created by an act of Congress in 1960
to enable large and small investors alike to enjoy the rental income from
commercial property. REITs are governed by many regulations, the most
important being that they must distribute at least 90% of their taxable income
to shareholders each year as dividends; the REIT is permitted to deduct
dividends paid to shareholders from its taxable income. Other important
regulations include:
Asset requirements: at least 75% of assets must be real estate, cash, and
government securities.
Income requirements: at least 75% of gross income must come from rents,
interest from mortgages, or other real estate investments.
Stock ownership requirements: shares in the REIT must be held by a minimum
of 100 shareholders.
REITs specialize by property type. They invest in most major property types
with nearly two thirds of investment being in offices, apartments, shopping
centers, regional malls, and industrial facilities. The rest is divided among
hotels, self-storage facilities, health-care properties, and some specialty
REITs that own anything from prisons, theatres, and golf courses to
timberlands.
Some benefits of REITs include:
High Yields. For many investors, the main attraction of REITs is their
dividend yield. The average long-term (15-year) dividend yield for REITs is
about 8%, well more than the yield of the S&P 500 Index. Also, REIT dividends
are secured by stable rents from long-term leases, and many REIT managers
employ conservative leverage on the balance sheet.
Capital Gains. In addition to the growing, secure dividend yield, REITs have
historically appreciated in value, providing decent capital gains. This has
led to respectable annual total returns of about 12% historically. The last
five years before mid-2005 have been exceptional for REITs, which produced
total returns of 23% while other major stock indexes produced negative
returns.
Simple Tax Treatment. Unlike most partnerships, tax issues for REIT investors
are fairly straightforward. Each year, REITs send Form 1099-DIV to their
shareholders, containing a breakdown of the dividend distributions. For tax
purposes, dividends are allocated to ordinary income, capital gains, and
return of capital. As REITs do not pay taxes at the corporate level, investors
are taxed at their individual tax rate for the ordinary income portion of the
dividend. The portion of the dividend taxed as capital gains arises if the
REIT sells assets. Return of capital, or net distributions in excess of the
REIT's earnings and profits, are not taxed as ordinary income, but instead
applied to reduce the shareholder's cost basis in the stock. When the shares
are eventually sold, the difference between the share price and reduced tax
basis is taxed as a capital gain.
Liquidity of REIT Shares. REIT shares are bought and sold on a stock exchange.
By contrast, buying and selling property directly involves higher expenses and
requires a great deal of effort.
Diversification. Studies have shown that adding REITs to a diversified
investment portfolio increases returns and reduces risk since REITs have
little correlation with the S&P 500.
Drawbacks of REITs
REITs also have some drawbacks, including:
Sensitive to Demand for Other High-Yield Assets. Generally, rising interest
rates could make Treasury securities more attractive, drawing funds away from
REITs and lowering their share prices.
Property Taxes. REITs must pay property taxes, which can make up as much as
25% of total operating expenses. State and municipal authorities could
increase property taxes to make up for budget shortfalls, reducing cash flows
to shareholders.
Tax Rates. One of the downsides to the high yield of REITs is that taxes are
due on dividends, and the tax rates are typically higher than the 15% most
dividends are currently taxed at. This is because a large chunk of a REIT's
dividends (typically about three quarters, though it varies widely by REIT) is
considered ordinary income, which is usually taxed at a higher rate.
Benefits of MLPs
In recent years, many U.S. energy firms have reorganized their slow-growing,
yet stable businesses, such as pipelines and storage terminals, into master
limited partnerships, or MLPs. There are some important differences between
buying shares of a corporation and buying a stake in an MLP. With MLPs,
investors buy units of the partnership, rather than shares of stock, and are
referred to as "unitholders."
There are two classes of MLP owner: general partners and limited partners.
General partners manage the day-to-day operations of the partnership. An MLP
technically has no employees, so all services, from management to bookkeeping,
are provided by the general partner. All other investors are limited partners
and have no involvement in the partnership's operations. Limited-partner units
are publicly traded, while general-partner units usually are not. The general
partner stake is often 2% of the partnership, though the general partner can
also own limited-partner units to increase its percentage of ownership.
Companies that use the MLP format tend to operate in very stable, slow-growing
industries, such as pipelines. These types of firms usually offer dim
prospects for unit price appreciation, but the stability of the industries
that use the MLP format means below-average risk for investors. Cash
distributions usually stay relatively steady over time (growing at little more
than overall inflation), causing MLP units to trade somewhat like bonds,
rising when interest rates fall and vice versa.
Some benefits of MLPs include:
High Yield. Most MLPs offer very attractive yields, generally falling in the
6%-7% range.
Consistent Distributions Over Time. The businesses operated as MLPs tend to be
very stable and produce consistent cash flows year after year, making the cash
distributions on MLP units very predictable.
Favorable Tax Treatment. Firms primarily switch to the MLP structure to avoid
taxes. While shareholders in a corporation face double taxation--paying taxes
first at the corporate level, and then at the personal level when those
earnings are received as dividends--owners of a partnership are taxed only
once: when they receive distributions. There is no partnership equivalent of
corporate income tax. Cash distributions to owners often exceed partnership
income, and when they do, the difference is counted as a return of capital to
the limited partner and taxed at the capital gains rate when the unitholder
sells. Not only are capital gains deferred until an owner decides to sell, but
capital gains tax rates are lower than income tax rates.
Lower Cost of Capital. The absence of taxes at the company level gives MLPs a
lower cost of capital than is typically available to corporations, allowing
the MLPs to pursue projects that might not be feasible for a taxable entity.
General Partner Compensation Aligned with Limited Partners' Interest. Most
general partners are paid on a sliding scale, receiving a greater share of
each dollar of cash flow as the limited partners' cash distributions rise,
giving the general partner an incentive to increase limited-partner
distributions.
Drawbacks of MLPs
Investors should also consider the downsides to MLPs, which include:
Personal Tax Liability. Each unitholder is responsible for paying his or her
share of the partnership's income taxes, which can make filing taxes more
complicated. This is particularly true for larger unitholders, who may have to
pay taxes in the various states in which the partnership operates. Moreover,
limited partners might owe taxes on partnership income even if the units are
held in a retirement account.
Limited Pool of Investors. MLPs face a smaller pool of potential investors
than traditional equities because institutional investors, such as pension
funds, are not allowed to hold MLP units without incurring tax liability.
These large investors do not ordinarily pay taxes, so they tend to shy away
from MLPs.
Institutional investors represent the majority of investor dollars in the
market, so eliminating them reduces the potential demand for MLP units.
Congress recently approved a provision allowing mutual funds to buy MLPs,
which should dramatically increase the number of potential investors.
Benefits of Royalty Trusts
Royalty trusts, like MLPs, generally invest in energy sector assets. Unlike
the steady cash flows at MLPs, royalty trusts generate income from the
production of natural resources such as coal, oil, and natural gas. These cash
flows are subject to swings in commodity prices and production levels, which
can cause them to be very inconsistent from year to year. The trusts have no
physical operations of their own and have no management or employees. Rather,
they are merely financing vehicles that are run by banks, and they trade like
stocks. Other companies mine the resources and pay royalties on those
resources to the trust. For example, Burlington Resources, an oil exploration
and production company, is the operator for the assets that the largest U.S.
royalty trust, San Juan Basin Royalty Trust SJT, owns the royalties on.
Royalty trusts end up on most investors' radar screens because of the
incredibly high yields some of them offer, many in excess of 10%. In a
low-interest-rate environment, it's easy to understand why such an
income-producing investment might be garnering more attention.
Many of the positive and negative attributes of owning a royalty trust are
similar to those faced by MLP unitholders. The benefits are:
High Yield. Trusts are required to pay out essentially all of their cash flow
as distributions. Because of this, nearly all royalty trusts have
above-average yields, many wildly above average.
Tax-Advantaged Yield. Due to depreciation and depletion, distributions from
most trusts are not considered income in the eyes of the IRS. Rather, these
nonincome distributions are used to reduce an owner's cost basis in the stock,
which is then taxed at the lower capital gains rate and is deferred until an
owner sells.
No Corporate Income Tax. Trusts are merely "pass-through" investment vehicles.
The issues surrounding double taxation of dividends do not apply.
Peculiar Tax Credits. Have you ever received a tax credit for producing fuels
from nonconventional sources? If you own a royalty trust, you might qualify
for such credits. The laws on this issue are in flux, and the credits are
generally small, but it's still a nice potential perk.
"Pure" Bets on Commodities. Want to bet on the future price appreciation of
natural gas but don't want to get involved with the futures market? An
excellent way to do that would be to buy a royalty trust that owns gas. The
value of any given trust and the distributions it pays are directly tied to
the prices of the underlying commodity. Just remember the sword cuts both ways
here. The trust's income (and therefore probably the trust's stock price)
could end up falling if commodity prices go down instead of up.
Drawbacks of Royalty Trusts
The downsides to royalty trusts include the following:
Depletion, Depletion, Depletion. Royalty trusts own royalties on a finite
amount of resources. Once those resources are gone, they're gone. As the
resources deplete, royalties and distributions will fall and will, eventually,
go to zero. In financial terms, there is no terminal value. Granted, most
trusts won't hit this point for two or three decades (or more), but it's still
incredibly important to consider that distributions will eventually contract
and disappear.
Volatile Distributions. Trusts typically pay out their distributions on a
quarterly or monthly basis. If royalties fall in that period due to the
underlying commodity price tanking, distributions will also fall. It's
entirely conceivable that a trust that yielded 15% in the last 12 months could
yield 3% in the next 12.
Tax-Filing Complexity. Owners of royalty trusts are required to report the pro
rata portion of a trust's total income and expenses on their tax returns. This
typically means filing Schedules E and B as well as having additional work
with Form 1040.
State Income Taxes. Owners of trusts are liable for paying income taxes in the
states in which the trust generates its royalties. Different states have
different thresholds for when taxes have to actually be filed and paid, and
the likelihood of owing income tax in multiple states increases with the size
of a given ownership position.
The Bottom Line
Though they require a bit of work to understand and may increase tax
complexity, investing in REITs, MLPs, and royalty trusts can boost the
income-producing power of most portfolios.
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