[F18(1)This paragraph applies to an offshore collective investment vehicle—U.K.
(a)which is UK property rich, and
(b)which is transparent for income tax purposes otherwise than as a result of being constituted by two or more persons carrying on a trade or business in partnership.
(2)The manager of the vehicle may make an election for the vehicle to be treated for the purposes of—
(a)this Act, and
(b)the Management Act, and any other provision of the Corporation Tax Acts, so far as relating to the taxation of chargeable gains,
as if, in relation to all times on and after its constitution, it were to be regarded as a partnership.
(3)Accordingly, as a result of sub-paragraph (2)(b), it follows that, in applying rules such as section 1154 of CTA 2010 (meaning of “75% subsidiary” etc) for the purposes of Part 12 of that Act (Real Estate Investment Trusts) so far as relating to the taxation of chargeable gains, the vehicle is to be regarded as a partnership.
[F2(4)Section 12AA of the Management Act applies as a result of sub-paragraph (2) but as if —
(a)subsection (1) of that section authorised the giving of a notice under subsection (2) or (3) for the purpose of facilitating the amount in which each partner is chargeable to tax on chargeable gains,
(b)that section authorised the giving of the notice to the manager of the vehicle, and
(c)that section authorised a single notice under subsection (2) or (3) of that section requiring the making and delivery, in accordance with the notice, of a return every year (whether or not any partnership property has been disposed of in the period to which the return relates).]
(5)The election has effect whether or not the vehicle would, but for the making of the election, be regarded as a person chargeable to capital gains tax or corporation tax on chargeable gains.
(6)For the purposes of this paragraph whether or not an offshore collective investment vehicle is regarded as being UK property rich may be determined by reference to the prospectus for the vehicle on the assumption that investments are made by the vehicle in accordance with the prospectus.
(7)For the purposes of this paragraph a collective investment vehicle is “transparent for income tax purposes” if, on the assumption that there are participants who are individuals resident in the United Kingdom, any sums which form part of the income of the vehicle—
(a)would be chargeable to income tax on those assumed participants under a provision specified in section 830(2) of ITTOIA 2005 in respect of such of those sums as would be referable to their interests, or
(b)if any of that income is derived from assets within the United Kingdom, would be so chargeable had the assets been outside the United Kingdom.
(8)If an election is made under this paragraph in relation to a collective investment vehicle—
(a)section 99 (application of Act to unit trust schemes) does not apply in relation to the vehicle, and
(b)section 103D (tax transparent funds) does not apply in relation to the vehicle.]
Textual Amendments
F1Sch. 5AAA inserted (with effect in accordance with Sch. 1 paras. 120, 123 of the amending Act) by Finance Act 2019 (c. 1), Sch. 1 para. 21
F2Sch. 5AAA para. 8(4) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The UK Property Rich Collective Investment Vehicles (Amendment of the Taxation of Chargeable Gains Act 1992) Regulations 2020 (S.I. 2020/315), regs. 1(1), 7