How To Structure A Successful Real Estate Investment Exit Strategy
Get started
Call-to-action to contact for a consultation
Tel: (+234) 802 320 0801, (+234) 807 576 5799)
E-Mail: info@qeeva.com
Office Address: 5, Ishola Bello Close, Off Iyalla Street, Alausa, Ikeja, Lagos, Nigeria
Introduction
We understand that investing in Nigeria’s real estate market can be highly profitable, but knowing when and how to exit is just as crucial. A well-structured exit strategy ensures that we maximize returns, minimize tax liabilities, and remain compliant with relevant legal and regulatory frameworks. For foreign investors, navigating the legal landscape especially the Companies and Allied Matters Act (CAMA) 2020, the Land Use Act, and tax laws is essential for a smooth and profitable exit.
Understanding Exit Strategies For Real Estate Investment
An exit strategy is our plan for selling or liquidating a real estate asset while maximizing profits and minimizing risks. Common exit strategies include property sales, refinancing, joint ventures, and lease to own arrangements.
Key Takeaways CAMA 2020
A well-planned exit ensures we maximize profits and stay compliant.
Factors like market trends, tax obligations, and legal approvals impact our exit strategy.
Factors to Consider Before Exiting
Before we decide to exit an investment, we must evaluate:
Market Conditions: Selling during a market boom ensures higher profits.
Legal & Regulatory Compliance: We must comply with CAMA 2020 and other regulations.
Tax Implications: Capital gains tax (CGT) and withholding tax affect our returns.
Investment Goals: Our exit should align with long-term financial objectives.
Real Estate Exit Strategies In Nigeria
Direct Sale of Property
Selling the property to another investor or an end-user is the most straightforward exit.
Legal Considerations:
CAMA 2020 (Section 27 & 78) If we own the property through a registered business, the company’s Memorandum and Articles of Association must allow asset sales.
Land Use Act (Section 22) Foreign investors must obtain the Governor’s Consent before selling leasehold land.
Capital Gains Tax Act (Section 2 & 3) We must account for a 10% capital gains tax (CGT) on property sales.
Refinancing or Restructuring
Instead of selling, We can refinance the property, using the funds to invest elsewhere while keeping ownership.
Legal Considerations:
CAMA 2020 (Section 191) If the investment is through a corporate entity, refinancing must comply with company borrowing regulations.
Central Bank of Nigeria (CBN) Regulations Foreign investors must comply with CBN’s forex and banking regulations when refinancing with local banks.
Joint Ventures or Partnerships
A joint venture allows us to exit partially while still earning from the investment.
Legal Considerations:
CAMA 2020 (Section 21 & 22) A registered company can engage in joint ventures, but due diligence is required.
Foreign Exchange (Monitoring & Miscellaneous Provisions) Act (Section 15) We must repatriate funds through official channels.
Lease-to-Own (Rent-to-Own) Model
This allows tenants to pay in installments before owning the property, ensuring steady cash flow.
Legal Considerations:
CAMA 2020 (Section 868) If a lease-to-own agreement is managed by our company, proper documentation is required.
Tenancy Laws in Nigeria We must ensure agreements comply with state tenancy laws (e.g., Lagos Tenancy Law 2011).
Key Takeaways Of (Section 27 & 78) CAMA 2020
Quick liquidation but requires tax planning.
Refinancing: Allows us to retain the property while freeing up capital.
Joint Ventures: A partial exit that helps increase the property’s value.
Lease-to-Own: Provides steady cash flow while gradually exiting the market.
When To Exit A Real Estate Investment
Market Peak
Selling during high demand ensures the best returns. We should monitor real estate trends and interest rates.
Policy Changes and Regulatory Shifts
Changes in Nigerian real estate laws or tax policies could impact our profitability, making an early exit advisable.
Declining Cash Flow
If rental income becomes insufficient to cover expenses, selling may be the best option.
Business Expansion or Diversification
If we are looking to diversify into other sectors, liquidating real estate holdings could be beneficial.
Key Takeaways
Market Peak: Selling when property demand is high maximizes returns.
Regulatory Changes: Exiting early can help us avoid unfavorable policy shifts.
Declining Cash Flow: If rental income becomes unprofitable, it may be time to exit.
Business Diversification: Selling real estate can fund expansion into other sectors.
Tax And Regulatory Compliance For Foreign Investors
Capital Gains Tax (CGT)
Capital Gains Tax Act (Section 2 & 3) We must pay 10% CGT on real estate sales.
FIRS Regulations Profits must be declared in tax filings.
Repatriation of Funds
Foreign Exchange Act (Section 15) We must repatriate proceeds through approved banking channels.
CBN Guidelines on Foreign Investment We must comply with forex laws to avoid penalties.
Business Structure and Exit Compliance
CAMA 2020 (Section 78 & 191) If the property is owned through our company, proper board approval is required for asset disposal.
FIRS & State Inland Revenue Laws We must obtain a tax clearance certificate (TCC) before transferring ownership.
Key Takeaways Of (Section 78 & 191) CAMA 2020
Capital Gains Tax (CGT): We must pay 10% CGT on property sales.
Foreign Exchange Regulations: Profits must be repatriated through CBN approved channels.
CAMA 2020 Compliance: If our company owns the asset, proper board approval is needed before selling.
Case Studies: Real-World Exit Strategies In Nigerian Real Estate
Phase 1: Direct Sale During Market Boom
We worked with a South African real estate firm that owned multiple luxury apartments in Lagos.
Exit Strategy:
Sold the properties during a real estate boom in 2022 when demand was high.
Obtained Governor’s Consent under the Land Use Act (Section 22) before completing the transactions.
Declared capital gains under Capital Gains Tax Act (Section 2 & 3) and paid the required 10% CGT.
The company maximized profits due to high market demand and avoided legal issues by securing necessary approvals.
Phase 2: Joint Venture Instead of Direct Sale
A foreign investor we advised owned a commercial property in Abuja but wanted to exit while still earning returns.
Exit Strategy:
Entered a joint venture with a local developer, contributing land while the developer funded construction.
Structured the deal under CAMA 2020 (Section 21 & 22), ensuring legal compliance.
Repatriated profits following Foreign Exchange Act (Section 15) to avoid forex restrictions.
The investor avoided immediate capital gains tax, maintained an income stream, and increased property value.
Phase 3: Lease-to-Own for Steady Cash Flow
A British investor we worked with owned several rental properties in Lagos but wanted an alternative exit strategy.
Exit Strategy:
Transitioned tenants into a lease-to-own model, spreading payments over 5 years.
Structured contracts under CAMA 2020 (Section 868) to ensure compliance.
Managed risks by working with local real estate agents and ensuring lease agreements adhered to Lagos Tenancy Law 2011.
The investor maintained steady cash flow while gradually exiting the market without abrupt financial losses.
Key Takeaways
Direct Sale During a Market Boom: Maximized profits by selling at the right time.
Joint Venture with Local Developers: Avoided CGT while still benefiting from the property.
Lease-to-Own Strategy: Ensured a steady revenue stream while gradually exiting.
Considerations For Foreign Investors
Working with Local Experts
Engaging real estate lawyers, tax consultants, and financial advisors helps us navigate Nigerian laws and taxation effectively.
Currency Exchange and Repatriation Risks
We must ensure that funds are repatriated through CBN approved channels under Foreign Exchange Act (Section 15) to avoid regulatory breaches.
We should consider hedging against forex fluctuations when planning exits.
Compliance with State Specific Real Estate Laws
Lagos, Abuja, and Port Harcourt have unique land use regulations, and we must ensure compliance with state tenancy laws.
FIRS (Federal Inland Revenue Service) & State Tax Agencies may have different property tax rates based on location.
Key Takeaways
Engaging local experts (lawyers, tax advisors) is crucial for a smooth exit.
Currency exchange risks should be managed when repatriating funds.
State specific laws (e.g., Lagos, Abuja, Port Harcourt) may affect property transactions.
When And How To Exit Real Estate Investments Profitably In Nigeria
We know that exiting a real estate investment is just as important as entering it. The right timing and method ensure that we maximize profits, minimize tax liabilities, and avoid regulatory pitfalls.
When to Exit a Real Estate Investment
When Market Conditions Are Favorable
Selling when property values are increasing ensures maximum returns.
More buyers qualify for mortgages, increasing demand and tax breaks or foreign investment incentives can drive property prices up. For example, If property values in Lagos increase due to a surge in foreign direct investment, selling during this period can yield higher profits.
When Regulatory or Policy Changes Impact Profitability
New tax policies (e.g., higher capital gains tax) can reduce our net profit.
Changes in land ownership laws or zoning regulations may restrict foreign investors. Example If the Nigerian government increases CGT from 10% to 15%, it might be wise to sell before the law takes effect.
When Cash Flow Declines
If rental income no longer covers maintenance costs or property taxes, selling could be the best option.
A drop in occupancy rates may indicate a declining market. Example If commercial real estate in Abuja faces high vacancy rates due to economic downturns, an early exit prevents losses.
When Reinvestment Opportunities Are More Profitable
Selling real estate can free up capital for higher return investments (e.g., stocks, new real estate markets).
Example; If we can earn a 20% annual return in a new market versus 5% rental yield in Nigeria, an exit might be strategic.
When Personal or Business Goals Change
If we need liquidity for expansion or personal relocation, exiting real estate could be beneficial. Example; A foreign investor planning to expand into manufacturing may sell real estate assets to raise capital.
How To Exit Real Estate Investments Profitably
Direct Sale During Market Peaks
Selling to institutional investors, REITs, or high-net-worth individuals can fetch higher prices. Ensuring Governor’s Consent (Land Use Act, Section 22) is obtained to avoid transaction delays.
Accounting for Capital Gains Tax (CGT) at 10% (Capital Gains Tax Act, Section 2 & 3) and optimizing deductions.
Best For:
Investors who want to liquidate quickly and exit the market completely.
Refinancing Instead of Selling
Taking a loan against the property’s increased value allows us to reinvest elsewhere without selling.
Ensuring compliance with CBN foreign investment regulations to avoid forex issues.
Best For:
Investors who need liquidity but still want to benefit from property appreciation.
Joint Venture with Developers
Partnering with local developers to redevelop or expand property holdings increases long-term value.
Structuring deals under CAMA 2020 (Section 21 & 22) ensures contract enforceability.
Best For:
Investors who want to remain partially invested while generating higher future returns.
Lease-to-Own Model (Gradual Exit)
Selling property through installment payments instead of an outright sale.
Using CAMA 2020 (Section 868) to structure legally binding contracts.
Best For:
Investors who prefer steady cash flow rather than a lump-sum sale.
Selling to a REIT (Real Estate Investment Trust)
Instead of selling to individuals, We can offload assets to a REIT, which specializes in real estate investment.
Transactions must comply with SEC Regulations on REITs in Nigeria to ensure smooth processing.
Best For:
Investors looking for a fast and low-risk exit with institutional backing.
Legal & Tax Considerations For Foreign Investors
Capital Gains Tax Planning
The Capital Gains Tax Act (Section 2 & 3) imposes a 10% CGT on property sales.
Using legal deductions (e.g., renovation expenses, legal fees) can reduce taxable gains.
Foreign Exchange & Repatriation of Funds
The Foreign Exchange Act (Section 15) requires that funds be repatriated through CBN approved channels.
Investors should hedge against currency fluctuations when converting proceeds to foreign currencies.
State Specific Compliance
Lagos, Abuja, and Port Harcourt have different tenancy and property laws that may affect transactions.
Investors must comply with state property taxes to avoid penalties.
Conclusion
We believe that a successful real estate exit strategy in Nigeria requires careful planning, market timing, and legal compliance. Whether we choose a direct sale, joint venture, refinancing, or lease-to-own model, our goal is to exit profitably while staying compliant.
By understanding Nigerian real estate laws, timing exits effectively, and working with professionals, we can exit Nigeria’s real estate market profitably and with minimal risks.
Call-To-Action
Ready to master your real estate investment strategy? Download our free guide now and start maximizing your returns today.
Tel: (+234) 802 320 0801, (+234) 807 576 5799)
E-Mail: info@qeeva.com
Office Address: 5, Ishola Bello Close, Off Iyalla Street, Alausa, Ikeja, Lagos, Nigeria.
Inquiry Contact Form