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

CHAPTER 8THE TAX TREATMENT OF PARTICIPANTS IN REPORTING FUNDS

Anti-avoidance provisions

Treatment of financial traders if conditions specified in regulation 73 are met102

1

This group of regulations applies if a financial trader holds, or has held, an interest in a diversely owned fund.

2

In this Chapter—

  • this group of regulations” means this regulation and regulations 103 to 105;

  • financial trader” has the meaning given by regulation 105.

3

In computing the trading profits or losses of the financial trader for the relevant period, the following amounts must be brought into account—

a

all distributions received by or credited to the financial trader in respect of the interest for the relevant period, and

b

any amount required to be brought into account under regulation 103.

4

In this group of regulations “relevant period” means—

a

in the case of a financial trader within the charge to income tax, a period of account, and

b

in the case of a financial trader within the charge to corporation tax, an accounting period.

5

In this group of regulations references to distributions are subject to section 130 of CTA 2009 (insurers receiving distributions etc).