F1PART 4APROPERTY AIFS

Annotations:
Amendments (Textual)

CHAPTER 5THE TREATMENT OF PARTICIPANTS IN PROPERTY AIFS

Deduction of tax from distributions

F2Manufactured dividends representing property income distributions69Z24A

1

This regulation applies to the extent that a manufactured dividend which is paid by a dividend manufacturer is representative of property income distributions to which regulation 69Z15 applies.

2

The amount of the manufactured dividend falling within paragraph (1) is referred to in this regulation as “the manufactured PID amount”.

3

The recipient of the manufactured PID amount is treated as having received a distribution to which regulation 69Z18 applies.

4

In relation to the dividend manufacturer—

a

if the dividend manufacturer is a company and the manufactured dividend is paid in the course of a trade carried on in the United Kingdom, the manufactured PID amount shall be treated as an expense of the trade;

b

if the manufactured dividend is paid in connection with investment business, the manufactured PID amount shall be treated for the purposes of section 75 of ICTA as expenses of management; and

c

in the case of a company carrying on life assurance business, so much of the manufactured PID amount as would be referable by virtue of section 432A of ICTA to basic life assurance and general annuity business if it were received by the company shall be treated for the purposes of section 76 of ICTA as if it were an expense payable falling to be brought into account at step 3 of section 76(7).

5

Regulations 69Z22, 69Z24 and 69Z29 to 69Z35 apply to the dividend manufacturer as if—

a

the dividend manufacturer were an open-ended investment company to which this Part applies; and

b

the manufactured PID amount were a distribution to which those regulations apply.