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Depending on the jurisdictions different rules will apply. In the United States, the IRS specifies:

1. At least 75% of the REIT's assets must be real estate assets.

2. At least 75% of the REIT's gross income must come from real estate-related sources.

3. The REIT must have at least 100 shareholders.

4. No more than 50% of the REIT's shares can be held by five or fewer individuals during the last half of each taxable year.

5. The REIT must distribute at least 90% of its taxable income to shareholders as dividends annually.

 

In terms of Process, the usual is path is similar to any other company:

  1. Define the REIT's structure: usually as a corporation or a trust. 

  2. Drafting Governing Documents: articles of incorporation (for a corporation) or a trust agreement (for a trust). 

  3. Appoint Directors or Trustees.

  4. Capitalization and Funding. 

  5. Register the REIT.

  6. Set Governance, Compliance and Reporting structures.

  7. Start Operating/acquiring RE assets.

 

It really depends on the investor's objectives. Some investors do it with just a single property in their portfolio. Forming a REIT doesn't depend on the number/size of the properties the company/trust owns. REITs are usually launched by investors seeking additional capital and tax benefits. It's just a different investment vehicle that some investors prefer for its flexibility, divisibility and its tax benefits.

There are many Resi REITs launched by investors seeking all the above mentioned.

 

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