The Authorised Unit Trusts (Interest Distributions) (Qualifying Investments) Order 1997

Statutory Instruments

1997 No. 212

INCOME TAX

The Authorised Unit Trusts (Interest Distributions) (Qualifying Investments) Order 1997

Made

3rd February 1997

Laid before the House of Commons

4th February 1997

Coming into force

25th February 1997

The Treasury, in exercise of the powers conferred on them by section 468L(13) and (14) of the Income and Corporation Taxes Act 1988(1), hereby make the following Order:

1.  This Order may be cited as the Authorised Unit Trusts (Interest Distributions) (Qualifying Investments) Order 1997 and shall come into force on 25th February 1997.

2.  Section 468L of the Income and Corporation Taxes Act 1988 shall be amended as follows.

3.  In subsection (9) after paragraph (d) there shall be added the following paragraph—

“(e) qualifying shares in an open-ended investment company.”

4.  After subsection (12) there shall be inserted the following subsections—

“(12A) For the purposes of subsection (9) above shares in an open-ended investment company are qualifying shares at any time in the relevant period if, and only if, throughout that period the aggregate market value of those investments of the company falling within paragraphs (a) to (c) of that subsection exceeds 60 per cent. of the market value of all its investments.

(12B) In subsection (12A) above references to investments of an open-ended investment company are references to investments comprised in the scheme property of that company, but do not include references to cash awaiting investment.

(12C) In this section—

• “collective investment scheme” has the meaning given by section 75 of the Financial Services Act 1986(2);

• “open-ended investment company” means, subject to subsection (12D) below, an open-ended investment company within the meaning given by section 75(8) of the Financial Services Act 1986 which is incorporated in the United Kingdom;

• “scheme property” of an open-ended investment company means, subject to subsection (12E)(b) below, the property subject to the collective investment scheme constituted by the company.

(12D) Each of the parts of an umbrella company shall be regarded for the purposes of subsections (9) and (12A) above as an open-ended investment company and the umbrella company as a whole shall not be so regarded and shall not be regarded as a company.

(12E) In relation to a part of an umbrella company—

(a) references in subsections (12A) and (12B) above to investments of an open-ended investment company shall have effect as references to such of the investments as under the arrangements referred to in subsection (12F) below form part of the separate pool to which that part of the umbrella company relates;

(b) the reference in subsection (12B) above to the scheme property of an open-ended investment company shall have effect as if it were a reference to such property subject to the collective investment scheme constituted by the umbrella company as is comprised in the separate pool to which that part of the umbrella company relates;

(c) a person for the time being having rights in that part shall be regarded as the owner of shares in the open-ended investment company which that part is deemed to be by virtue of subsection (12D) above, and not as the owner of shares in the umbrella company itself.

(12F) In subsections (12D) and (12E) above “umbrella company” means a company—

(a) which falls within the definition of “open-ended investment company” in section 75(8) of the Financial Services Act 1986,

(b) which is incorporated in the United Kingdom,

(c) whose instrument of incorporation provides for arrangements for such pooling as is mentioned in section 75(3)(a) of that Act in relation to separate parts of the scheme property of the company, and

(d) the owners of shares in which are entitled to exchange rights in one part for rights in another;

and any reference to a part of an umbrella company is a reference to such of the arrangements as relate to a separate pool.

(12G) For the purposes of subsections (12E) and (12F) above, “owner of shares” in relation to an open-ended investment company means—

(a) the beneficial owner of the shares, or

(b) where the shares are held on trust (other than a bare trust), the trustees of the trust, or

(c) where the shares are comprised in the estate of a deceased person, the deceased’s personal representatives.”

Richard Ottaway

Roger Knapman

Two of the Lords Commissioners of Her Majesty’s Treasury

3rd February 1997

Explanatory Note

(This note is not part of the Order)

This Order amends section 468L of the Income and Corporation Taxes Act 1988 (authorised unti trusts: interest distributions) by adding to the list of “qualifying investments” n subsection (9) of that section qualifying shares in an open-ended investment company which is incorporated in the United Kingdom. The Order also inserts additional subsections in section 468L containing definitions of “open-ended investment company” and other relevant terms.

(1)

1988 c. 1; section 468L was inserted by paragraph 2 of Schedule 14 to the Finance Act 1994 (c. 9) and amended by paragraph 11 of Schedule 6, and paragraph 26 of Schedule 14, to the Finance Act 1996 (c. 8).

(2)

1986 c. 60. Section 75 was amended by S.I. 1988/803 and S.I. 1990/349.