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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: property rental business and residual: significant influence : SI2006/2865/Regulation (3)

IFM22345 | Real Estate Investment Trust : Group conditions and rules: Financial Statements: property rental business and residual: significant influence : SI2006/2865/Regulation (3)

From HM Revenue & Customs · Investment Funds Manual

One of the key factors determining how entities in which the group has an interest are treated in the financial statements of the property rental business and the residual business is whether or not the group has significant influence over it. This is defined in SI 2006/2865 Reg 3.

Members of the group have significant influence in an entity if:

· at least one member of the group has a beneficial interest in the entity and

· members of the group have an interest in it of more than 20%.

The beneficial interest members of the group have in an entity is measured by reference to their entitlement to profits available for distribution to equity holders. Where the entity is a company, equity holders are shareholders and entitlement to profits will be by reference to their entitlement to dividends.

For entities that are not companies, the entity is treated as a UK company and the rights of any person in the entity as shares in that company. For example, if the entity is an authorised unit trust, the units are treated as shares in a company and entitlement to profits is entitlement to distributions.

Profits available for distribution to equity holders do not include any profits available to an equity holder in any other capacity other than that as equity holder. For example, an equity holder may have shares in a company and have made a profit-related loan to the company. The measure of profits for beneficial interest purposes will include the dividends on shares but not their entitlement to loan interest.

Note that unlike the IAS definition, there is no provision to allow an influence to be significant where the interest is 20% or less.

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