How does an unlisted property trust work?
Unlisted property trusts can only be offered by licensed managers, who are called the ‘responsible entity’ of the trust. ASIC issues the manager an Australian Financial Services (AFS) licence – and the manager has a fiduciary duty to act in the best interests of investors, including prioritising the interests of unitholders over their own interests.
This section of the Guide explains two key documents that managers must provide to investors:
- the Product disclosure statement (PDS); and
- the Target Market Determination (TMD) – a newer document introduced as a result of new Design and Distribution Obligations (DDO) introduced by ASIC in October 2021.
A PDS and TMD must be provided for any type of trust you consider investing in, these being:
Fixed-term trusts
A fixed number of units are issued (usually at $1.00 each). The capital raising is completed when the full cost of the property, plus fees and costs less any borrowing, has been raised.
Open-ended funds
An open-ended fund continues to raise funds indefinitely so long as it can keep purchasing properties. Units will be issued based on a unit price, with the unit price based on the value of the fund’s properties and other assets. Unit pricing policies and frequency of issue will depend on the manager and fund.
Property management
A significant benefit of investing in an unlisted property trust is gaining access to the multi-faceted expertise of the manager. The best property fund managers have an internal property management division, which looks after the buildings in the trusts it manages. Having this function in-house ensures an alignment of interests between not only the manager and investors, but also tenants who are ultimately responsible for providing unitholders with real income.
Property management includes leasing, ongoing maintenance of buildings, building concierge services, fire safety, and other compliance requirements and – most importantly for you as an investor – making sure rent is collected!
Distributions
The trust will receive rental payments from tenants and this is passed on, less any expenses, to unitholders as distributions on a regular basis. Depending on the trust, distributions may be paid monthly, quarterly, six-monthly, or annually.
Tax-deferred distributions
Tax-deferred distributions can be an attractive feature of many property investments and have the potential to increase the after-tax return of an investment. The benefits of tax deferral can be significant, especially for those with high incomes. For many investors, an investment that offers 100% or even 50% tax-deferred distributions can significantly enhance the after-tax returns from that investment.