76.—(1) This regulation applies if conditions A and B are met.
(2) Condition A is that in respect of a given class of shares specified in the instrument of incorporation of an open-ended investment company, shares issued of that class consist of both smaller denomination shares and larger denomination shares.
(3) Condition B is that a participant owns both smaller denomination shares and larger denomination shares of that class.
(4) For the purposes of the provisions relating to ownership of shares in a company contained in the Tax Acts and TCGA 1992, the shares owned by the participant are treated as securities of the same class.
(5) Each larger denomination share is to be treated for those purposes as if it were comprised of the relevant number of smaller denomination shares.
(6) The market value of each smaller denomination share is to be taken for those purposes to be the relevant proportion of the market value of each larger denomination share.
(7) In this regulation—
“” means shares to which are attached rights specified in the company's instrument of incorporation that are expressed in the smaller of two denominations;
“” means shares to which are attached rights so specified that are expressed in the larger of two denominations;
“relevant number” means the number calculated by reference to the relevant proportion; and
“relevant proportion” means the proportion, determined by the company's instrument of incorporation, which the rights attaching to each smaller denomination share bear to the rights attaching to each larger denomination share.
77.—[F1(1) This regulation applies if there is an amount available for income allocation.]
(2) There must not be any discrimination between participants in respect of different classes of shares.
(3) There is no such discrimination if condition A and either condition B or C is met.
(4) Condition A is that the differences are wholly attributable to differences between the amounts or treatment for accounting purposes of the charges or expenses which—
(a)are permitted by the instrument of incorporation of the open-ended investment company concerned or the prospectus in issue for the time being of that company F2... or by the trust deed under which the authorised unit trust is constituted, and
(b)are payable out of the scheme property of that authorised investment fund in respect of the shares of those classes.
(5) Condition B is that the authorised investment fund is able to show that the differences between the amounts or treatment for accounting purposes of the charges or expenses referred to in condition A apply for bona fide commercial reasons.
(6) Condition C is that the differences are not such as to enable the participants in any one of those classes to obtain a tax advantage which they would not obtain if there were no differences between the amounts or treatment for accounting purposes of those charges or expenses.
(7) In paragraph (6) “tax advantage” has the same meaning as in Chapter 1 of Part 17 of ICTA (cancellation of tax advantages from transactions in securities).
Textual Amendments
F1Reg. 77(1) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Authorised Investment Funds (Tax) (Amendment) Regulations 2010 (S.I. 2010/294), regs. 1(1), 20 (with reg. 24)
F2Words in reg. 77(4)(a) omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Authorised Investment Funds (Tax) (Amendment) Regulations 2010 (S.I. 2010/294), regs. 1(1), 23(1)