The Authorised Investment Funds (Tax) Regulations 2006

[F1 CHAPTER 1 U.K. Preliminary Provisions

Textual Amendments

F1 Pt. 6A inserted (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), 21 (with regs. 25, 26)

FINROFs U.K.

85A.— (1)  This Part applies to—

(a) an authorised investment fund which meets the investment condition in regulation 85D (the investment condition);

(b) an authorised investment fund in respect of which an election has been made in accordance with regulation 85F (elective FINROFs);

(c) a participant in a fund mentioned in paragraph (a) or (b); and

(d) a participant in a fund which has left the FINROF regime, where the participant has not made a valid election under regulation 85Z11 (participant’s power to elect for deemed disposal).

(2) A fund to which this Part applies shall be known as a Fund Investing in Non-Reporting Offshore Funds (“FINROF”).

Structure of this Part U.K.

85B.   The structure of this Part is as follows—

• This Chapter contains preliminary provisions;

• Chapter 2 deals with entry into the Funds Investing in Non-Reporting Offshore Funds regime (“FINROF regime”);

• Chapter 3 deals with the tax treatment of FINROFs and of participants in FINROFs;

• Chapter 4 deals with exceptions, etc from the charge to tax;

• Chapter 5 deals with disposal of units in FINROFs;

• Chapter 6 deals with income gains and computation of income gains;

• Chapter 7 deals with deduction of income gains in computing chargeable gains;

• Chapter 8 deals with leaving the FINROF regime.

Interpretation U.K.

85C.   In this Part—

“gross asset value” means the value of the investments comprising the scheme property of the authorised investment fund before the deduction of specified liabilities, but does not include cash awaiting investment;

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Textual Amendments

F2 Words in reg. 85C omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Authorised Investment Funds (Tax) (Amendment) Regulations 2011 (S.I. 2011/244), regs. 1(1), 9(1) (with reg. 8)

The investment condition U.K.

85D.— (1)  The investment condition is met in relation to an authorised investment fund if the total amount invested in non-reporting funds or FINROFs is more than [F3 50%] of the gross asset value of the authorised investment fund.

(2) This regulation is subject to regulation 85E.

Textual Amendments

F3 Figure in reg. 85D(1) substituted (6.3.2011) by The Authorised Investment Funds (Tax) (Amendment) Regulations 2011 (S.I. 2011/244), regs. 1(1), 5 (with reg. 8)

Interests in funds treated as not being interests in non-reporting funds U.K.

85E.— (1)  For the purposes of regulation 85D(1) the interests specified in paragraph (2) shall not be regarded as interests in non-reporting funds.

[F4 (2) The interests specified are—

(a) any interest in an offshore fund in respect of which, by virtue of regulation 29 or 30 of the Offshore Funds Regulations, no liability to tax would arise under regulation 17 of those Regulations on a disposal of that interest; and

(b) any interest of an authorised investment fund in a non-reporting fund which meets the conditions in regulation 14ZA(2).]

Textual Amendments

F4 Reg. 85E(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Authorised Investment Funds (Tax) (Amendment) Regulations 2011 (S.I. 2011/244), regs. 1(1), 6(2) (with reg. 8)

Elective FINROFs U.K.

85F.— (1)  An authorised investment fund which does not meet the investment condition may elect to be treated as a FINROF (an “elective FINROF”).

This is subject to paragraph (4).

(2) An election under paragraph (1) must—

(a) be made in writing to HM Revenue and Customs by the manager; and

(b) specify the date from which the fund is to be so treated.

(3) But the manager must not specify a date which is more than 3 months before the date of the election mentioned in paragraph (2).

(4) Before making an election, the fund must have obtained any necessary regulatory approval in respect of the instrument constituting the fund and the prospectus.]