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Property Structuring within the National Rental Affordability Scheme |
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The following diagrams provide an illustrative sample of the property structures that are currently being utilized within the Scheme.
- Direct NFP Ownership

- Rental Unit Trust

- NRAS Consortium that is non-entity joint venture and includes appointment of NFP as Property Manager

- Head Lease comprising NRAS Consortium
Issues requiring the consideration of parties contemplating participation in the NRAS and who are assessing the merits of individual property structures may include:
- Apportionment of liability in the event of non-receipt of the incentive;
- Occupier's liability for damage arising from defects in property;
- Protection of longer term security of tenure for residential tenants;
- Consequences of sale of approved rental dwelling for ongoing receipt of Incentives;
- GST concessional benefits flowing from charitable status; and
- Potential application of the Managed Investment Scheme and Australian Financial Services Licensing provisions of the Corporations Act 2001 (Cth) where the NFP is an Approved Participant.
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