Part 12Real Estate Investment Trusts

Chapter 6Distributions

Distributions to certain shareholders

551Tax consequences of distribution to holder of excessive rights

1

Subsection (3) applies if—

a

a distribution is made to or in respect of a holder of excessive rights (as defined by section 553), and

b

the distributor has not taken reasonable steps to prevent a distribution to or in respect of such a person from being made.

2

The distributor” means—

a

in the case of a group UK REIT, the principal company of the group, and

b

in the case of a company UK REIT, the company.

3

The distributor is treated as receiving an amount of income calculated in accordance with section 552 (“the section 552 amount”).

4

The section 552 amount is chargeable to corporation tax under the charge to corporation tax on income.

5

It is treated—

a

as arising in the accounting period in which the distribution was made, and

b

as profits of residual business of the distributor.

6

Accordingly it is charged to corporation tax at the rate mentioned in section 534(3) (rate at which profits of residual business are charged).

7

No loss, deficit, expense or allowance may be set off against the section 552 amount.