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This notice is published by Charter Hall Direct Property Management Limited (RE) as responsible entity of each of the trusts identified below (each, the Trust) under section 601GCA(3) of the Corporations Act as modified by ASIC Corporations (Attribution Managed Investment Trusts) Instrument 2016/489 (Class Order) to inform members of the Trust (Members) that the RE proposes to amend the constitution for each Trust (each, the Constitution) to allow the Trust to be operated as an attribution managed investment trust under the new AMIT Regime.
Trusts affected by this notice
This notice is published in respect of, and affects, each of the following Trusts:
The AMIT Regime
The AMIT Regime The Tax Laws Amendment (New Tax System for Managed Investment Trusts) Act 2016, together with additional supplemental legislation (“the AMIT Regime”), became law on 5 May 2016. The RE is proposing to amend the Constitution so that the Trust can be effectively operated as an attribution managed investment trust under this new tax regime.
The key difference between the current tax regime which applies to the Trust (Division 6 of the Income Tax Assessment Act 1936) and the new AMIT Regime is that under the AMIT Regime, Members are taxed on the taxable income that is allocated or “attributed” to Members by the RE. The new AMIT Regime requires the RE to undertake this allocation or attribution on a fair and reasonable basis. This contrasts with the current taxing regime under Division 6, which provides that a Member will be subject to tax to the extent that each Member is “presently entitled” to the income of the Trust according to trust law principles.
The RE is proposing to amend the Constitution to allow the RE to elect to apply the new AMIT Regime to the Trust and to facilitate the RE to be able to operate the Trust as an attribution managed investment trust in a manner permitted by the AMIT Regime. The modifications to be made to the Constitution are summarised below.
Reasons for the proposed amendments to the Constitution
The RE believes that, by allowing a different tax regime to be adopted for the Trust, the amendments to the Constitution have the following potential benefits for Members:
The RE notes that the AMIT regime has only been recently enacted. As such, it is possible there may be some uncertainty regarding its operation in the initial years.
Effect of the proposed amendments to the Constitution
The proposed amendments will amend the Trust's Constitution so as to permit the RE to:
The proposed amendments also:
Various associated definitions and ancillary provisions are also included in the Constitutional amendments to facilitate the application of the AMIT Regime to the Trust.
How to contact us if you wish to respond to this notice
The RE will proceed to amend the Constitution as proposed on or after the date which is 7 days from the date of this notice, unless it receives requests to call and arrange to hold a meeting of Members of the Trust to consider and vote on a special resolution to modify the Constitution as proposed, from Members with at least 5% of the votes that may be cast on such a resolution.
You are not required to respond to this notice, but if you wish to request a meeting of Members to vote on the amendments, this request must be made in writing, and sent to: email@example.com by close of business Friday 17 November 2017. If you wish to discuss the proposed Constitutional amendments or the AMIT Regime in more detail, or you would like a copy of the Constitution and the proposed amendments, please call the RE on 1300 652 790.