96.—(1) ITTOIA 2005 is modified as follows.
[F1(1A) In the application of the provisions specified in paragraph (1B) in relation to a Property AIF and a Tax Elected Fund—
(a)for “the total” substitute “an”, and
(b)the amount available for distribution as PAIF distribution (interest) or TEF distribution (non-dividend), as the case may be, shall be treated as the amount available for distribution as yearly interest.
(1B) The specified provisions are—
(a)section 373(1) (open-ended investment company interest distributions), and
(b)section 376(1) (authorised unit trust interest distributions).]
(2) The words “ , except in so far as regulations made under section 17(3) of the Finance (No. 2) Act 2005 make other provision for dividends treated as paid by virtue of those regulations ” are treated as inserted at the end of each of the provisions specified in paragraph (3).
(3) The provisions specified are—
(a)section 374(1) (date when open-ended investment company interest distributions made),
(b)section [F2377(1)] (date when authorised unit trust interest distributions made),
(c)section 387(1) (date when open-ended investment company dividend distributions made), and
(d)section 390(1) (date when authorised unit trust dividend distributions made).
(4) In sections 375(1) (interpretation of sections 373 and 374) and 388(1) (interpretation of sections 386 and 387) the definition of “the OEIC Regulations” is treated as omitted.
(5) In those provisions, the following definitions are treated as substituted for the definitions of “open-ended investment company”, “owner of shares” and “umbrella company”—
““open-ended investment company” means a company incorporated in the United Kingdom to which section 236 of FISMA 2000 applies,
“owner of shares”, in relation to an open-ended investment company, has the meaning given in regulations made under section 17(3) of the Finance (No. 2) Act 2005, F3...
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.
(6) In sections 375(3) and 388(3) the words “ regulations under section 17(3) of the Finance (No. 2) Act 2005 (as at 1st April 2006, see regulation 6(2) of the Authorised Investment Funds (Tax) Regulations 2006 (S.I. 2006/[abcd])) ” are treated as substituted for the words from “Chapter 3 of Part 12 of ICTA” to the end.
Textual Amendments
F1Reg. 96(1A)(1B) inserted (1.9.2009) by The Authorised Investment Funds (Tax) (Amendment) Regulations 2009 (S.I. 2009/2036), regs. 1, 31(2)
F2Word in reg. 96(3)(b) substituted (1.9.2009) by The Authorised Investment Funds (Tax) (Amendment) Regulations 2009 (S.I. 2009/2036), regs. 1, 31(3)
F3Words in reg. 96(5) revoked (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)