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

F1CHAPTER 6ATRANSPARENT REPORTING FUNDS

Annotations:
Amendments (Textual)
F1

Pt. 3 Ch. 6A inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Offshore Funds (Tax) (Amendment) Regulations 2011 (S.I. 2011/1211), regs. 1(1), 24

Adjustment in relation to income from non-reporting funds: first case89D

1

This regulation applies if—

a

a transparent reporting fund has an interest in a non-reporting fund, and

b

the conditions in paragraph (2) are met for a period of account.

2

The conditions are that—

a

the transparent reporting fund has access to the accounts of the non-reporting fund;

b

the transparent reporting fund has sufficient information about the non-reporting fund to enable it to prepare a computation of reportable income for the non-reporting fund; and

c

the transparent reporting fund can reasonably expect to rely on continued access to that information for the period in which it will hold the investment in the non-reporting fund.

3

Regulation 89C applies as if the transparent reporting fund were TRF and the non-reporting fund were RF.

4

For the purposes of the computation mentioned in paragraph (2)(b), regulation 80 applies if (and only if) the non-reporting fund is a UCITS fund.