PART XVII TAX AVOIDANCE
CHAPTER V OFFSHORE FUNDS
F1Treatment of umbrella funds
C1756BTreatment of umbrella funds
1
In this Chapter, an “umbrella fund” means an offshore fund—
a
which provides arrangements for separate pooling of the contributions of the participants and the profits or income out of which payments are made to them; and
b
under which the participants are entitled to exchange rights in one pool for rights in another;
and references in this Chapter to a part of an umbrella fund are to such of the arrangements as relate to a separate pool.
2
For the purposes of this Chapter (except subsection (1))—
a
each part of an umbrella fund shall be regarded as a separate offshore fund, and
b
the umbrella fund as a whole shall not be regarded as an offshore fund.
3
In this Chapter, in relation to a part of an umbrella fund—
a
a reference to the assets of an offshore fund is to such of the assets of the umbrella fund as under the arrangements form part of the separate pool to which that part of the umbrella fund relates;
b
a reference to the income of an offshore fund is to the income arising from those assets;
c
a reference to a person having an interest in an offshore fund is to a person for the time being having an interest in that separate pool; and
d
a reference to an offshore fund being a non-qualifying fund shall be read in relation to times before the coming into force of this section as a reference to the umbrella fund being a non-qualifying fund.
Ss. 756A-756C and preceding cross-headings inserted (with effect in accordance with s. 145(2) of the amending Act) by Finance Act 2004 (c. 12), Sch. 26 para. 3 (with Sch. 26 para. 17)