Part 12Real Estate Investment Trusts

Chapter 6Distributions

Recipients of distributions

548Distributions: liability to tax

(1)

This section applies if a shareholder of the principal company of a group UK REIT receives a distribution of amounts shown in the financial statement under section 532(2)(a) (statement of group’s property rental business) as—

(a)

profits or gains (or both) of UK members of the group, or

(b)

profits or gains (or both) of UK property rental business of non-UK members of the group.

(2)

In subsection (1) the reference to the principal company includes a reference to the principal company of the post-cessation group.

(3)

This section also applies if a shareholder of a company UK REIT receives a distribution in respect of profits or gains (or both) of property rental business of the company.

(4)

In subsection (3) the reference to a company UK REIT includes a reference to the post-cessation company.

(5)

If the shareholder is within the charge to corporation tax, the distribution is to be treated as profits of a UK property business (within the meaning given by section 205 of CTA 2009).

(6)

If the shareholder is not within the charge to corporation tax, the distribution is to be treated as profits of a UK property business (within the meaning given by section 264 of ITTOIA 2005).

(7)

In the case of a non-UK resident shareholder, the distribution is not non-resident landlord income for the purposes of regulations under section 971 of ITA 2007 (income tax due in respect of income of non-resident landlords).

(8)

See sections 973 and 974 of ITA 2007 (income tax due in respect of distributions) for provision about the deduction of sums representing income tax in relation to distributions of a kind mentioned in this section.

549Distributions: supplementary

(1)

Section 548 does not apply in relation to a shareholder so far as the shareholder—

(a)

is a person who is charged to tax under Part 3 of CTA 2009 (trading income) in respect of distributions made by companies that are received in the course of a trade not consisting of insurance business,

(b)

is a dealer in securities who is charged to income tax under Part 2 of ITTOIA 2005 (trading income) in respect of distributions made by companies,

(c)

is an individual member of Lloyd’s (within the meaning given by section 184(1) of FA 1993) and the distribution is made in respect of assets forming part of—

(i)

a premium trust fund of the member (within the meaning given by section 174 of FA 1993), or

(ii)

an ancillary trust fund of the member (within the meaning given by section 176 of that Act), or

(d)

is a corporate member of Lloyd’s (within the meaning given by section 230(1) of FA 1994) and the distribution is made in respect of assets forming part of—

(i)

a premium trust fund belonging to the member (within the meaning given by section 222 of FA 1994), or

(ii)

an ancillary trust fund belonging to the member (within the meaning given by section 223 of that Act).

(2)

Section 1109 of this Act and section 397 of ITTOIA 2005 (tax credits in respect of qualifying distributions) do not apply to relevant distributions received by a shareholder.

(3)

“Relevant distribution” means—

(a)

in the case of a group UK REIT, a distribution from the principal company of the group of amounts shown in the financial statement under section 532(2)(a) (statement of group’s property rental business) as—

(i)

profits or gains (or both) of UK members of the group, or

(ii)

profits or gains (or both) of UK property rental business of non-UK members of the group, and

(b)

in the case of a company UK REIT, a distribution from the company in respect of profits or gains (or both) of its property rental business.

(4)

Relevant distributions received by a shareholder are to be treated for the purposes of section 548(5) and (6) as the profits of a single business (irrespective of whether the shareholder receives different distributions in different capacities).

(5)

That single business is separate from—

(a)

any other UK property business (within the meaning given by section 205 of CTA 2009) carried on by the shareholder,

(b)

any other UK property business (within the meaning given by section 264 of ITTOIA 2005) carried on by the shareholder,

(c)

any overseas property business (within the meaning given by section 206 of CTA 2009) carried on by the shareholder, and

(d)

any overseas property business (within the meaning given by section 265 of ITTOIA 2005) carried on by the shareholder.

(6)

If a shareholder is a partnership, subsection (4) applies to receipts by a partner of a share of any distribution as it applies to receipts by a shareholder.