SCHEDULES

SCHEDULE 25 LIMITED LIABILITY PARTNERSHIPS: INVESTMENT LLPS AND PROPERTY INVESTMETN LLPS

Section 76.

Meaning of “investment LLP” and “property investment LLP”

1

(1)

In Part 19 of the Taxes Act 1988 (supplementary provisions), after section 842A insert—

“842B Meaning of “investment LLP” and “property investment LLP”

(1)

In this Act—

(a)

an “investment LLP” means a limited liability partnership whose business consists wholly or mainly in the making of investments and the principal part of whose income is derived therefrom; and

(b)

a “property investment LLP” means a limited liability partnership whose business consists wholly or mainly in the making of investments in land and the principal part of whose income is derived therefrom.

(2)

Whether a limited liability partnership is an investment LLP or a property investment LLP is determined for each period of account of the partnership.

A “period of account” means any period for which accounts of the partnership are drawn up.”.

F1(2)

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(3)

In section 288(1) of the Taxation of Chargeable Gains Act 1992 (c. 12) (interpretation), at the appropriate place insert—

““property investment LLP” has the meaning given by section 842B of the Taxes Act;”.

Pension funds, &c.: exclusion of exemptions from tax in case of income from property investment LLPs

2

In Chapter 6 of Part 14 of the Taxes Act 1988 (pension schemes, &c.: miscellaneous provisions), after section 659D insert—

“659E Treatment of income from property investment LLPs

(1)

The exemptions specified below do not apply to income derived from investments, deposits or other property held as a member of a property investment LLP.

(2)

The exemptions are those provided by—

  • section 592(2) (exempt approved schemes),

  • section 608(2)(a) (former approved superannuation funds),

  • section 613(4) (Parliamentary pension funds),

  • section 614(3) (certain colonial, &c. pension funds),

  • section 614(4) (the Overseas Service Pension Fund),

  • section 614(5) (other pension funds for overseas employees),

  • section 620(6) (retirement annuity trust schemes), and

  • section 643(2) (approved personal pension schemes).

(3)

The income to which subsection (1) above applies includes relevant stock lending fees, in relation to any investments, to which any of the provisions listed in subsection (2) above would apply by virtue of section 129B.

(4)

Section 659A (treatment of futures and options) applies for the purposes of subsection (1) above.”.

Pension funds, &c.: exclusion of exemption from trusts rate in case of income from property investment LLPs

F23

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Pension funds, &c.: exclusion of exemptions in case of gains from property investment LLPs

4

In section 271 of the Taxation of Chargeable Gains Act 1992 (c. 12) (miscellaneous exemptions), after subsection (11) insert—

“(12)

Subsection (1)(b), (c), (d), (g) and (h) and subsection (2) above do not apply to gains accruing to a person from the acquisition and disposal by him of assets held as a member of a property investment LLP.”.

Insurance companies: treatment of income or gains arising from property investment LLP

F35

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Insurance companies: double taxation relief

F46

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Insurance companies: capital allowances

7

In section 545 of the Capital Allowances Act 2001 (c. 2) (life assurance business: investment assets), for subsection (3) substitute—

“(3)

Any allowance under this Act in respect of an investment asset shall be treated as referable to the category or categories of business to which income arising from the asset is or would be referable.

If income so arising is or would be referable to more than one category of business, the allowance shall be apportioned in accordance with sections 432ZA to 432E, or section 438B, of ICTA in the same way as the income.”.

Friendly societies: exclusion of exemptions from tax

F58

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Exclusion of relief on loans to buy into investment LLP

F69

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