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Part 12Real Estate Investment Trusts

Chapter 2Requirements for being a UK REIT

Becoming a UK REIT

525Notice under section 523 or 524: supplementary

(1)A notice under section 523 or 524—

(a)must be given in writing to an officer of Revenue and Customs,

(b)must be given before the date specified in the notice,

(c)must be accompanied by a statement by the company giving the notice that each of the conditions in section 528 (conditions for company) is reasonably expected to be met in relation to the company throughout accounting period 1, and

(d)must contain such other information, and be accompanied by such other documents, as may be prescribed by regulations made by the Commissioners for Her Majesty’s Revenue and Customs.

(2)Subsection (3) applies if the company giving the notice—

(a)does not expect to meet condition C in section 528 on the first day of accounting period 1, but

(b)reasonably expects to meet that condition throughout the rest of accounting period 1.

(3)If this subsection applies—

(a)subsection (1)(c) does not apply, but

(b)the notice must be accompanied by a statement by the company containing the assertions specified in subsection (4).

(4)Those assertions are—

(a)that conditions A, B, D, E and F in section 528 are reasonably expected to be met in relation to the company throughout accounting period 1, and

(b)that condition C in that section is reasonably expected to be met in relation to the company for at least a part of the first day of accounting period 1, and throughout the remainder of the period.

(5)Subsection (6) applies if the company giving the notice—

(a)does not expect to meet condition D in section 528 on the first day of accounting period 1, but

(b)reasonably expects to meet that condition throughout the rest of accounting period 1 in reliance on section 446(1)(b).

(6)If this subsection applies—

(a)subsection (1)(c) does not apply, but

(b)the notice must be accompanied by a statement by the company containing the assertions specified in subsection (7).

(7)Those assertions are—

(a)that conditions A, B, C, E and F in section 528 are reasonably expected to be met in relation to the company throughout accounting period 1, and

(b)that condition D in that section is reasonably expected to be met in relation to the company throughout all of accounting period 1 apart from the first day.

(8)A company may take advantage both of subsections (2) to (4) and of subsections (5) to (7) (in which case the assertion under subsection (4)(a) should omit the reference to condition D and the assertion under subsection (7)(a) should omit the reference to Condition C).

(9)For the meaning of “accounting period 1”, see section 609.