The Hall & Wilcox Funds team offers comprehensive and commercial advice to fund managers, custodians and investors on the taxation of Managed Investment Trusts (MIT) and the application of the Attribution Managed Investment Trusts regime (AMIT) and the Investment Manager Regime (IMR).
We have extensive experience in advising and implementing arrangements for the creation of wholesale and retail funds, whether registered or unregistered, stapled structures across a broad range of asset classes, including property, equity, marketplace lending and crowd funding arrangements.
Our team can also prepare and review constituent documents (deeds, constitutions, information memorandum and product disclosure statement), and provide compliance services to alleviate the administrative and regulatory burden for trustees and responsible entities of MITs and AMITs.
- Advising on the structure of a stapled structure to avoid the application of the public trading trust rules.
- Establishing marketplace lending and crowd-funding investment funds with segregated classes so that tax losses could be quarantined within each class of borrowing.
- Establishing a property development fund and structuring arrangements to avoid a ‘dry income’ problem.
- Providing income tax and duty advice on the structuring of funds with multiple classes of units to accommodate a variety of segregated asset classes.
- Advising clients on the implementation of the AMIT regime, including amending constitutions of registered and unregistered fund deeds and constitution to facilitate entry into the AMIT regime.
- Advising investment manager teams on the application of the Foreign Account Tax Compliance Act and Common Reporting Standard regime, including assistance with due diligence procedures and updating of application forms.