PART 2THE TAX TREATMENT OF AUTHORISED INVESTMENT FUNDS
Loan relationships and derivative contracts: exclusion of capital profits, gains or losses
General rule for loan relationships: exclusion of capital profits, gains or losses10.
(1)
This regulation applies if any profits, gains or losses arising to an authorised investment fund from a creditor relationship in an accounting period are capital profits, gains or losses.
(2)
For the purposes of Chapter 2 of Part 4 of FA 1996 M1 (loan relationships) those profits, gains or losses must not be brought into account as credits or debits.
(3)
Regulation 12 explains what is meant by “capital profits, gains or losses” in the case of an authorised investment fund that prepares accounts in accordance with UK generally accepted accounting practice.
F1(4)
This regulation is subject to regulation 14B (tax treatment of qualified investor schemes.
General rule for derivative contracts: exclusion of capital profits, gains or losses11.
(1)
This regulation applies if any profits, gains or losses arising to an authorised investment fund from a derivative contract in an accounting period are capital profits, gains or losses.
(2)
For the purposes of Schedule 26 to FA 2002 M2 (derivative contracts) those profits, gains or losses must not be brought into account as credits or debits.
(3)
Regulation 12 explains what is meant by “capital profits, gains or losses” in the case of an authorised investment fund that prepares accounts in accordance with UK generally accepted accounting practice.
F2(4)
This regulation is subject to regulation 14B (tax treatment of qualified investor schemes).
Accounts prepared in accordance with UK generally accepted accounting practice12.
(1)
In the case of an authorised investment fund that prepares accounts in accordance with UK generally accepted accounting practice, capital profits, gains or losses arising from a creditor relationship in an accounting period, or capital profits, gains or losses arising from a derivative contract in an accounting period, are such profits, gains or losses as fall to be dealt with under F3the heading “net capital gains/losses” in the statement of total return for the accounting period.
(2)
For the purposes of paragraph (1), the statement of total return for an accounting period is the statement of total return which, in accordance with the Statement of Recommended Practice used for the accounting period, must be included in the accounts contained in the annual report of the authorised investment fund which deals with the accounting period.
(3)
For the purposes of paragraph (2), “Statement of Recommended Practice” means—
(a)
in relation to any accounting period for which it is required or permitted to be used, the Statement of Recommended Practice relating to authorised investment funds issued by the Investment Management Association F4in December 2005, as from time to time modified, amended or revised; or
(b)
in relation to any accounting period for which it is required or permitted to be used, any subsequent Statement of Recommended Practice relating to authorised investment funds, as from time to time modified, amended or revised.
Loan relationships: treatment of interest distributions and deficits
Treatment of interest distributions for purposes of loan relationships13.
(1)
Chapter 2 of Part 4 of FA 1996 (loan relationships) has effect in relation to an authorised investment fund and to an interest distribution paid by that fund as it would have effect if the interest distribution were interest payable on a loan to the authorised investment fund and were, accordingly, interest under a loan relationship to which the authorised investment fund were a party.
(2)
For the purposes of these Regulations, an interest distribution is treated as paid if it is credited to the capital part of the scheme property of an authorised investment fund on behalf of a participant in respect of the participant's accumulation units.
(3)
This regulation is subject to regulation 14 F5and regulation 14B (tax treatment of qualified investor schemes).
F6(4)
In this regulation an “interest distribution” includes a TEF distribution (non-dividend) (see regulation 69Z61(3)).
Treatment of deficits on loan relationships14.
Section 83(2)(c) of FA 1996 (carrying back of non-trading deficit on loan relationships) shall not have effect in relation to the loan relationships of an authorised investment fund (so that, accordingly, if for any accounting period there is a deficit on the loan relationships of the authorised investment fund, the deficit may not be carried back to be set off against profits for earlier accounting periods).
F7This is subject to regulation 14B (tax treatment of qualified investor schemes)
F8Authorised investment funds with limited investment powers – stamp duty reserve tax14A.
(1)
Where, for the relevant period—
(a)
an authorised investment fund is constituted as a unit trust scheme (“the scheme”); and
(b)
conditions A to D in this regulation are met,
paragraph 2 of Schedule 19 to the Finance Act 1999 (“FA 1999”) shall not apply to a surrender to the scheme that would, but for this regulation, be taxable under Part II of that Schedule.
(2)
Condition A is that the scheme must be dedicated to investment in the shares of a specified open-ended investment company to which Part 4A applies (“the PAIF”).
(3)
Condition B is that—
(a)
the trust deed of the scheme must specify that the scheme may only invest in the PAIF; and
(b)
the prospectus for the scheme must state that the scheme may only invest in the PAIF.
(4)
Condition C is when an investment in the scheme is made, the scheme must (within one working day of that investment) invest in the PAIF an amount equal to the investment.
(5)
Condition D is that when a withdrawal of investment from the scheme is made, the scheme must (within one working day of that withdrawal) withdraw from the PAIF an amount equal to the withdrawal.
(6)
For the purposes of complying with conditions C and D, an investment in the scheme may not be set off against a withdrawal from the scheme.
(7)
A scheme will not be dedicated to investment in the PAIF for the purpose of condition B if it has any assets other than shares in the PAIF and money.
(8)
In this regulation—
“relevant period” means the relevant two-week period referred to in paragraph 4(2) of Schedule 19 to FA 1999.
“surrender” means a surrender within the meaning of paragraph 2 of Schedule 19 to FA 1999.
“working day” means a day other than—
(a)
a Saturday, Sunday, Christmas Day or Good Friday; or
(b)
a Bank Holiday in the United Kingdom under the Banking and Financial Dealings Act 1971.
“money” includes cash held on deposit but does not include securities of any kind.