PART XII SPECIAL CLASSES OF COMPANIES AND BUSINESSES

CHAPTER III UNIT TRUST SCHEMES, DEALERS IN SECURITIES ETC.

F6Distributions to corporate unit holder

Annotations:
Amendments (Textual)
F6

Ss. 468H-468R and cross-headings inserted (with effect in accordance with Sch. 14 para. 7 of the amending Act) by Finance Act 1994 (c. 9), Sch. 14 para. 2

468Q Dividend distribution to corporate unit holder.

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

468R Foreign income distribution to corporate unit holder.

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C1469 Other unit trusts.

1

This section applies to—

a

M1any unit trust scheme F7that is neither an authorised unit trust nor an umbrella scheme; F8. . .

b

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

except where the trustees of the scheme are not resident in the United Kingdom.

2

Income arising to the trustees of the scheme shall be regarded for the purposes of the F14Corporation Tax Acts as income of the trustees (and not as income of the unit holders) F15. . . .

F122A

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F132B

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F174A

For the purposes of the Corporation Tax Acts, the trustees are treated as making an annual payment (under deduction of income tax) to each unit holder if an amount is shown in the scheme's accounts as income available for payment to unit holders or for investment.

4B

The amount of an annual payment to a unit holder for a distribution period before the deduction of income tax is its gross amount.

4C

Section 548(2) of ITTOIA 2005 applies for the purpose of calculating the gross amount of an annual payment for a distribution period as it applies for the purpose of calculating the gross amount of income treated as received for a distribution period under Chapter 10 of Part 4 of that Act.

4D

Section 941 of ITA 2007 deals with the deduction of income tax from the gross amount so calculated.

5

The date on which the annual F18payment is treated as made shall be the date or latest date provided by the terms of the scheme for any distribution in respect of the distribution period in question, except that, if—

a

the date so provided is more than 12 months after the end of the period; or

b

no date is so provided,

the date on which the F18payment is treated as made shall be the last day of the period.

F95A

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5B

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5C

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5D

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

In this section “distribution periodF10means a period beginning on or after 1st April 1987 over which income from the investments subject to the trusts is aggregated for the purposes of ascertaining the amount available for distribution to unit holders, but

a

if the scheme does not make provision for distribution periods, then for the purposes of this section its distribution periods shall be taken to be successive periods of 12 months the first of which began with the day on which the scheme took effect; and

b

if the scheme makes provision for distribution periods of more than 12 months, then for the purposes of this section each of those periods shall be taken to be divided into two (or more) distribution periods, the second succeeding the first after 12 months (and so on for any further periods).

F116A

In this section “umbrella scheme” has the same meaning as in section 468.

7

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

This section shall have effect in relation to distribution periods beginning on or after 6th April 1987.

F5469A Court common investment funds.

1

The Tax Acts shall have effect in relation to any common investment fund established under section 42 of the M2Administration of Justice Act 1982 (common investment funds for money paid into court) as if—

a

the fund were an authorised unit trust;

b

the person who is for the time being the investment manager of the fund were the trustee of that authorised unit trust; and

c

F20the persons with qualifying interests were the unit holders in that authorised unit trust.

F211A

For the purposes of subsection (1)(c) above, the persons with qualifying interests are—

a

in relation to shares in the fund held by the Accountant General, the persons whose interests entitle them, as against him, to share in the fund’s investments;

b

in relation to shares in the fund held by any other person authorised by the Lord Chancellor to hold such shares on behalf of others (an “authorised person”)—

i

if there are persons whose interests entitle them, as against the authorised person, to share in the fund’s investments, those persons;

ii

if not, the authorised person;

c

in relation to shares in the fund held by persons authorised by the Lord Chancellor to hold such shares on their own behalf, those persons.

2

In this section “the Accountant General” means F22. . . the Accountant General of the Supreme Court of Judicature in England and Wales or the Accountant General of the Supreme Court of Judicature of Northern Ireland.

3

F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

470 Transitional provisions relating to unit trusts.

1

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .