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Income Tax (Trading and Other Income) Act 2005

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This is the original version (as it was originally enacted).

520The property categories
This section has no associated Explanatory Notes

(1)The table in subsection (2) sets out the categories of property referred to in section 517(2).

(2)This is the table—

CategoryProperty
Category 1property which the insurance company has appropriated to an internal linked fund
Category 2units in an authorised unit trust
Category 3shares in an investment trust
Category 4shares in an open-ended investment company
Category 5cash
Category 6a policy or contract to which this Chapter applies, other than an excluded policy or contract (see subsection (3))
Category 7

an interest in a collective investment scheme constituted by—

(a)

  a company which is resident outside the United Kingdom (other than an open-ended investment company),

(b)

  a unit trust scheme the trustees of which are non-UK resident, or

(c)

  any other arrangement which takes effect by virtue of the law of a territory outside the United Kingdom, and which under that law creates rights in the nature of co-ownership (without restricting that term to its legal meaning in any part of the United Kingdom)

(3)A policy or contract is “excluded” if—

(a)the policy or contract is itself a personal portfolio bond,

(b)the value of any benefits under the policy or contract is or has at any time been capable of being determined directly or indirectly by reference to a personal portfolio bond, or

(c)a personal portfolio bond is related property in relation to the policy or contract.

(4)In this section—

  • “cash”—

    (a)

    includes any sum which is deposited—

    (i)

    in a building society account (including a share account) or similar account, or

    (ii)

    in a bank account or similar account, but

    (b)

    does not include cash which is acquired wholly or partly for the purpose of realising a gain from its disposal,

  • “collective investment scheme” has the meaning given by section 235 of FISMA 2000, and “interest”, in relation to such a scheme, means the beneficial entitlement of a participant in such a scheme,

  • “internal linked fund” has the meaning given by—

    (a)

    the Interim Prudential Sourcebook for Insurers made by the Financial Services Authority under FISMA 2000, or

    (b)

    rules made by the Authority under FISMA 2000 and having effect for the time being in place of the Sourcebook,

  • “open-ended investment company” has the meaning given by section 236 of FISMA 2000, and

  • “related property” has the same meaning as in section 625 (see subsection (5)).

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