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Official guidance
Investment Funds Manual

IFM22000 · Real Estate Investment Trust : Conditions and Test

  • IFM22005 · Real Estate Investment Trust : Conditions and Tests: Summary
  • IFM22010 · Real Estate Investment Trust : Conditions And Tests: Company Conditions: Conditions A-C: CTA2010/S528(1) - (3)
  • IFM22012 · Real Estate Investment Trust: conditions and tests: Company Condition C: ownership by institutional investors: S528ZA
  • IFM22015 · Real Estate Investment Trust : Conditions And Tests: Company Conditions: Conditions D-F: CTA2010/S528(4) - (9)
  • IFM22016 · Real Estate Investment Trust : Conditions And Tests: Company Conditions: Condition D: Institutional Investors: CTA2010/S528(4A)
  • IFM22017 · Real Estate Investment Trust: Conditions and Tests: Company Conditions: Institutional Investor carve-out
  • IFM22020 · Real Estate Investment Trust : Conditions and Tests: the property rental business: summary
  • IFM22025 · Real Estate Investment Trust : Conditions And Tests: The Property Rental Business Condition: Condition A: CTA2010/S529(1)
  • IFM22030 · Real Estate Investment Trust : Conditions And Tests: The Property Rental Business Condition: Condition A: Single Property: CTA2010/S529(1)
  • IFM22033 · Real Estate Investment Trust Conditions and Tests: The Property Rental Business Condition: Indirectly Held Property: CTA2010/S529
  • IFM22035 · Real Estate Investment Trust : Conditions And Tests: The Property Rental Business Condition: Condition B: CTA2010/S529(2)
  • IFM22040 · Real Estate Investment Trust : Conditions And Tests: The Property Rental Business Condition: Condition B: Valuation of Assets : CTA2010/S529(2)
  • IFM22043 · Real Estate Investment Trust: Conditions and tests: The Property Rental Business Condition: Condition C : CTA2010/S529(2A) and (2B)
  • IFM22050 · Real Estate Investment Trust : Conditions and Tests: Distribution Condition: General: CTA2010/S530
  • IFM22055 · Real Estate Investment Trust : Conditions and Tests: Distribution Condition: Legal Impediment: CTA2010/S530(3) and (5)
  • IFM22060 · Real Estate Investment Trust :Conditions And Tests: Distribution Condition: Interaction With 10% Maximum Shareholding Rule: CTA2010/S530(6)
  • IFM22065 · Real Estate Investment Trust : Conditions and Tests: Balance of business Conditions (CTA2010/S531)
  • IFM22070 · Real Estate Investment Trust : Conditions and Tests: Balance of business Conditions: Condition A (CTA2010/S531(1)-(4B))
  • IFM22071 · Real Estate Investment Trust : Conditions and Tests: Balance of business Conditions: Miscellaneous items of profits
  • IFM22072 · Real Estate Investment Trust : conditions and tests: balance of business conditions: outside the ordinary course of business. (CTA2010/S531(4)(c))
  • IFM22073 · Real Estate Investment Trust: conditions and tests: balance of business conditions: planning obligations CTA2010/S531(4)(d)
  • IFM22075 · Real Estate Investment Trust : conditions and tests: balance of business conditions: condition B (CTA2010/S531(5)-(9))
  • IFM22100 · Real Estate Investment Trust : Conditions and tests: maximum shareholding: CTA2010/S551- S554A
  • IFM22105 · Real Estate Investment Trust : Conditions and Tests: maximum shareholding: definitions
  • IFM22106 · Real Estate Investment Trust : Conditions and Tests: maximum shareholding: ‘holder of excessive rights’ (HoER) examples
  • IFM22110 · Real Estate Investment Trust : Conditions and Tests: maximum shareholding: when and how a holder of excessive rights (HoER) charge arises: CTA2010/S551
  • IFM22113 · Real Estate Investment Trust : Conditions and Tests: maximum shareholding: when a holder of excessive rights (HoER) charge arises: examples
  • IFM22120 · Real Estate Investment Trust : Conditions and Tests: maximum shareholding: nature and amount of charge : CTA2010/S551 - S552
  • IFM22123 · Real Estate Investment Trust : Conditions and Tests: maximum shareholding: formula to work out notional income: CTA2010/S552
  • IFM22125 · Real Estate Investment Trust : Conditions and Tests: maximum shareholding: reasonable steps: CTA2010/S551(1)(b)
  • IFM22130 · Real Estate Investment Trust : Conditions and Tests: maximum shareholding: reasonable steps: identifying holders of excessive rights: CTA2010/S551(1)(b)
  • IFM22135 · Real Estate Investment Trust : Conditions and Tests: maximum shareholding: reasonable steps: preventing payment of a distribution to a holder of excessive rights : CTA2010/S551(1)(b)
  • IFM22140 · Real Estate Investment Trust : Conditions and Tests: maximum shareholding: reasonable steps: payment of a distribution where rights to it are transferred: CTA2010/S551(1)(b)
  • IFM22145 · Real Estate Investment Trust : Conditions and Tests: maximum shareholding: reasonable steps: distributions paid in respect of excessive shareholdings: CTA2010/S551(1)(b)
  • IFM22150 · Real Estate Investment Trust : Conditions and Tests: maximum shareholding: reasonable steps: retained distributions: interaction with other rules
  • IFM22200 · Real Estate Investment Trust : Conditions and Tests: interest cover test (profit: financing cost ratio): CTA2010/S543-S544
  • IFM22205 · Real Estate Investment Trust : Conditions and Tests: interest cover test: consequences of breaching the limit: CTA2010/S543
  • IFM22300 · Real Estate Investment Trust : Group conditions and rules : Financial statements: basics : CTA2010/S532 - S533
  • IFM22303 · Real Estate Investment Trust: group conditions and rules: financial statements: group members
  • IFM22305 · Real Estate Investment Trust : Group conditions and rules: Financial Statements: Joint Ventures: CTA2010/S533 and S588
  • IFM22315 · Real Estate Investment Trust : Group conditions and rules: Financial Statements: property rental business and residual business: general principles
  • IFM22320 · Real Estate Investment Trust : Group conditions and rules: Financial Statements: property rental business and residual: treatment of entities that are not wholly owned
  • IFM22325 · Real Estate Investment Trust : Group conditions and rules: Financial Statements: property rental business and residual: intra-group transactions SI2006/2865/Regulation (5)
  • IFM22330 · Real Estate Investment Trust : Group conditions and rules: Financial Statements: property rental business and residual business: entities treated as opaque
  • IFM22335 · Real Estate Investment Trust : Group conditions and rules: Financial Statements: property rental business and residual: other entities treated as transparent
  • IFM22340 · Real Estate Investment Trust : Group conditions and rules: Financial Statements: property rental business and residual: other entities – table
  • IFM22345 · Real Estate Investment Trust : Group conditions and rules: Financial Statements: property rental business and residual: significant influence : SI2006/2865/Regulation (3)
  • IFM22350 · Real Estate Investment Trust : Group conditions and rules: Financial Statements: financing costs
  • IFM22355 · Real Estate Investment Trust : Group conditions and rules: Financial Statements: financing costs
  • IFM22360 · Real Estate Investment Trust : Group conditions and rules: Financial Statements: UK property rental business
  • IFM22365 · Real Estate Investment Trust : Group conditions and rules: Financial Statements: UK property rental business: entities that are not wholly owned
  1. Real Estate Investment Trust : Conditions and Test : Contents
  2. Real Estate Investment Trust : Group conditions and rules : Financial statements: basics : CTA2010/S532 - S533

IFM22300 | Real Estate Investment Trust : Group conditions and rules : Financial statements: basics : CTA2010/S532 - S533

From HM Revenue & Customs · Investment Funds Manual

A condition of a group being a UK-REIT is that the principal company of the group is required to prepare and submit three sets of financial statements in relation to the group's activities for each accounting period of the principal company (CTA2010/S527(2)(e) and CTA2010/S532). The detail of what the statements must contain is set out in CTA2010/S533 and in the Financial Statement regulations (SI 2006/2865).

See also IFM22305 for additional financial statement requirements where a UK-REIT group/company is involved in a joint venture company/group and a look-through REIT joint venture notice is in place (see IFM30027).

Time limit for filing

The principal company must supply these financial statements by the company tax return filing date for the relevant accounting period to which they relate (SI 2006/2865 Reg 13).

Types of financial statement required

The outline of what is to be shown in each of these statements is set out in CTA2010/S533, with more detailed requirements set out in regulations (SI 2006/2865).

The financial statements required are in relation to:

· The group’s property rental business for the period. (S532(2)(a))

· The group’s residual business for the period. (S532(2)(c))

· The group's tax-exempt property rental business in the United Kingdom for the period (S532(2)(b))

The first two statements are similar to group consolidated accounts, where intra-group transactions are ignored. They use International Accounting Standards (IAS) to measure income, expenses and values (CTA2010/S533). For more detail, see IFM22315.

The third financial statement is based on income and gains as measured for tax purposes and shows the aggregate of the profits of the UK property rental business of each member of the group. The UK property rental business consists of all the property rental business of UK members of the group and the UK property rental business of other members. Intra-group transactions are not ignored in this type of financial statement. For more detail, see IFM22360.

For accounting periods beginning on or after 1 April 2022, groups may be able to submit just a single set of financial statements (a) and (c) for the group as a whole. For accounting periods beginning before 1 April 2022, the required information always had to be specified in relation to each member of the group.

See IFM22303 for the circumstances under which, for accounting periods beginning on or after 1 April 2022, group financial statements (a) and (c) must also specify matters relating to each member of the group.

Use to which financial statements are put

The financial statements are fundamental to determining compliance with REIT tests. The first two (CTA2010/S532(2)(a) and (c)) financial statements are used to test whether the Balance of Business conditions in CTA2010/S531 (see IFM22065) have been met. They are also used in determining whether the financing cost ratio test in CTA2010/S543 is met.

The third financial statement (CTA2010/S532(2)(b)) is similarly used in determining whether the financing cost ratio test in CTA2010/S543 is met. It is also used to determine the minimum level of distribution required to meet the condition in CTA2010/S530 (IFM22050) as to distribution of profits and in applying the attribution rules in CTA2010/S550 (IFM28010) to determine the amount of distributions that must be paid under deduction of basic rate income tax.

There is no prescribed format for financial statements. However HMRC has developed a REIT financial statement tool which will calculate whether the tests above have been met and can be submitted electronically directly to HMRC. This tool will be sent to you automatically once your application to join the REIT regime has been accepted.

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