SCHEDULES
SCHEDULE 2Alternative finance arrangements
Part 1New Part 10A of ITA 2007
20
After section 564R insert—
564STreatment of bond-holder and bond-issuer
1
This section applies for the purposes of the Income Tax Acts and irrespective of the position for other purposes.
2
The bond-holder under investment bond arrangements is not treated as having a legal or beneficial interest in the bond assets.
3
The bond-issuer under such arrangements is not treated as a trustee of the bond assets.
4
Profits accruing to the bond-issuer in connection with the bond assets are profits of the bond-issuer and not of the bond-holder (and do not arise to the bond-issuer in a fiduciary or representative capacity).
5
Payments made by the bond-issuer by way of redemption payment or additional payment are not made in a fiduciary or representative capacity.
6
The bond-holder is not entitled to relief for capital expenditure in connection with the bond assets.
7
Expressions used in this section have the same meaning as in section 564G.