SolvedIFM18000 | Investment transactions – the ‘investment transactions list’
From HM Revenue & Customs · Investment Funds Manual
Introduction
Investment funds carry out investment transactions to generate returns for investors. This may be in line with regulatory requirements such as those which apply to authorised investment funds.
UK tax law differentiates between trading and investing. The meaning of trading is discussed in the Business Income Manual from BIM20000. In practice the standard tests did not easily apply in the context of the transactions carried out by investment funds. From 1 September 2009 the position was therefore clarified for authorised investment funds by the introduction of a list of ‘investment transactions’. Subject to other conditions being satisfied, profits on such transactions are not taxable as trade profits.
The list of investment transactions - known as the 'investment transactions list' - is now set out in regulation 2 of the Investment Transactions (Tax) Regulations 2014 (SI 2014/685). The following guidance sets out the list of investment transactions and the types of funds which may rely on it.
Where a fund carries out transactions not on the investment transactions list or is not eligible to rely on the investment transactions list, any question as to whether the fund is investing or trading has to be considered by reference to the normal rules and based on the facts of each case.
Applicable funds
The following funds may rely on the ‘investment transactions list’:
Investment transactions
“Investment transactions” is defined in regulation 2 of SI 2014/685:
(a) any transaction in stocks and shares,
(b) any transaction in a relevant contract (as defined in regulation 3),
(c) any transaction which results in a fund becoming a party to a loan relationship or a related transaction in respect of a loan relationship (as defined in regulation 4),
(d) any transaction in units in a collective investment scheme (those terms are defined in regulation 5),
(e) any transaction in securities of any description not falling within paragraphs (a) to (d),
(f) any transaction consisting in the buying or selling of any foreign currency,
(g) any transaction in a carbon emission trading product (as defined in regulation 6), and
(h) any transaction in rights under a life insurance policy.
The Investment Manager (Investment Transactions) (Cryptoassets) Regulations 2022 added “designated cryptoassets” to the investment transaction list for the purposes of the Investment Manager Exemption (see INTM269079A). However, this is only relevant to the Investment Manager Exemption. Designated cryptoassets are not included in the list contained in regulation 2 of SI 2014/685.