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Corporation Tax Act 2009
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Corporation Tax Act 2009, Section 493 is up to date with all changes known to be in force on or before 22 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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493The qualifying investments testU.K.
This section has no associated Explanatory Notes
(1)An open-ended investment company, a unit trust scheme or an offshore fund meets the qualifying investments test for the purposes of this Chapter if the market value of the qualifying investments of the company, scheme or fund does not exceed 60% of the market value of all its investments.
(2)References in this section and sections 494 and 495 to investments of an open-ended investment company are references—
(a)except where paragraph (b) applies, to the property subject to the collective investment scheme constituted by the company, and
(b)in a case where under [F1section 615(3) of CTA 2010] part of an umbrella company is regarded as an open-ended investment company, to such of the property subject to the collective investment scheme constituted by the umbrella company as forms part of the separate pool in question,
other than cash awaiting investment.
(3)References in this section and sections 494 and 495 to investments of a unit trust scheme are references to investments subject to the trusts of the scheme, other than cash awaiting investment.
(4)References in this section and sections 494 and 495 to investments of an offshore fund are references to assets of the fund, other than cash awaiting investment.
(5)In this section “collective investment scheme” has the meaning given by section 235 of FISMA 2000.
(6)A person with rights in a part of an umbrella company which is regarded under [F2section 615(3) of CTA 2010] as an open-ended investment company is treated for the purposes of this section as not owning shares in the umbrella company.
(7)For the meaning of references to investments subject to the trusts of the scheme in the case of certain authorised unit trusts, see [F3section 619 of CTA 2010] (umbrella schemes).
Textual Amendments
F1Words in s. 493(2)(b) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 628(2) (with Sch. 2)
F2Words in s. 493(6) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 628(3) (with Sch. 2)
F3Words in s. 493(7) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 628(4) (with Sch. 2)
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