PART XVII TAX AVOIDANCE

CHAPTER V OFFSHORE FUNDS

F1Meaning of offshore fund

Annotations:
Amendments (Textual)
F1

Ss. 756A-756C and preceding cross-headings inserted (with effect in accordance with s. 145(2) of the amending Act) by Finance Act 2004 (c. 12), Sch. 26 para. 3 (with Sch. 26 para. 17)

756AGeneral definition of offshore fund

1

In this Chapter references to an offshore fund are to a collective investment scheme constituted by—

a

a company that is resident outside the United Kingdom, or

b

a unit trust scheme the trustees of which are not resident in the United Kingdom, or

c

arrangements not falling within paragraph (a) or (b) taking effect by virtue of the law of a territory outside the United Kingdom and which under that law create rights in the nature of co-ownership (without restricting that expression to its meaning in the law of any part of the United Kingdom).

2

Subsection (1) has effect subject to—

  • section 756B (treatment of umbrella funds), and

  • section 756C (treatment of funds comprising more than one class of interest).

3

In this section “collective investment scheme” has the meaning given by section 235 of the Financial Services and Markets Act 2000.