PART 3REPORTING FUNDS AND THE TREATMENT OF PARTICIPANTS IN REPORTING FUNDS

CHAPTER 4THE PREPARATION OF ACCOUNTS

Accounts to be prepared in accordance with acceptable accounting policy59

A reporting fund must prepare accounts—

a

in accordance with international accounting standards, or

b

in accordance with the generally accepted accounting practice specified in the application.

Change in accounting policy60

1

This regulation applies if—

a

there is a change of accounting policy in drawing up a reporting fund's accounts from one period of account (in this Chapter called the “earlier period”) to the next (in this Chapter called the “later period”), and

b

the approach in each of those periods accords with the law and practice applicable in relation to that period.

2

If there is a difference between—

a

the accounting value of an asset or liability of the offshore fund at the end of the earlier period, and

b

the accounting value of that asset or liability at the beginning of the later period,

a corresponding debit or credit (as the case may be) must be brought into account for the purposes of these Regulations in the later period.

3

In paragraph (2) “accounting value” means the carrying value of the asset or liability recognised for accounting purposes.

Change in accounting practice to a generally accepted accounting practice61

1

This regulation applies if—

a

there is a change of accounting practice in drawing up a reporting fund's accounts from the earlier period to the later period, and

b

the fund prepares accounts for the later period in accordance with a generally accepted accounting practice.

2

If the accounts for the later period are not prepared in accordance with international accounting standards, the offshore fund must give notice to HMRC—

a

applying for approval of the generally accepted accounting practice, and

b

providing the statement mentioned in regulation 53(1)(d).

3

If the accounts for the later period are prepared in accordance with international accounting standards, the offshore fund must give notice to HMRC.

4

Within 28 days beginning with the day on which HMRC receive an application under paragraph (2), HMRC must give notice to the offshore fund—

a

accepting the application, or

b

rejecting the application.

5

If HMRC reject an application, the offshore fund may appeal.

6

The notice of appeal must be given to HMRC within a period of 42 days beginning with the day on which the notice rejecting the application is given.

7

On an appeal, the tribunal may uphold or quash the rejection of the application.