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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: financing costs

IFM22355 | Real Estate Investment Trust : Group conditions and rules: Financial Statements: financing costs

From HM Revenue & Customs · Investment Funds Manual

The Financing Costs included in the financial statement under CTA2010/S532(2)(a) are derived from the amount of interest etc. paid to third parties so far as the loans giving rise to interest relate to the worldwide property rental business (PRB) of the group.

How the group chooses to fund itself internally is immaterial for the purposes of working out this number (although of course whether internal funding is by debt or equity does make a difference for the calculation of the income of the UK PRB included within the financial statement under CTA2010/S532(2)(b).

The financing costs included in the financial statement under CTA2010/S532(2)(c) are derived from the amount of interest etc. paid to third parties so far as the loans giving rise to interest relating to other matters (i.e. residual business) of the group.

SI 2006/2865 Reg 6 sets out the steps for working out Financing Costs for the statements under CTA2010/S532(2)(a) and (c).

Step 1

The first step is to determine the amount of outside financing costs for the group in respect of its PRB. This is the costs of financing raised by group entities from non-group entities, so far as it has been applied to the UK PRB of group members.

If a group entity (other than the principal company) has outside financing costs and is not wholly owned by group entities, the financing costs must exclude the percentage of costs related to the beneficial interest in that entity held by non-group entities (SI2006/2865 Reg 5(3)).

‘Group entity’ means a company that is a member of the group, or an entity that is treated in the same way as a member of the group for financial statement purposes. This includes joint venture companies in respect of which a Joint Venture Look-Through election is in place; and OEICs and other non-corporate entities in which members of the group have ‘significant influence’ (broadly, owning more than 20% of the entity). 'Non-group entity’ means an entity which is not a group entity.

In the example in IFM22350, the outside financing costs of the group in respect of its PRB are costs to principal A of 40 (1,000 @ 4%) plus costs to subsidiary B of 15 (300 @ 5%) = 55. This sum will be included as financing costs in the statement under CTA2010/S532(2)(a). However the financial statement must state separately the costs which are included here and referable to the UK PRB, see step 2.

Step 2

This step is to determine the percentages of outside financing costs in respect of UK PRB and any other activities carried on by the group.

UK PRB financing Costs is the UK PRB percentage of the outside financing costs that were calculated in Step 1.

The regulations do not prescribe how the proportion that applies to the property rental business or the UK property rental business is calculated. If an external loan is clearly linked to a particular property, for example because a bond issue has been made to finance a particular acquisition, then that will be an important factor. If there are no clear links, then an apportionment based on the fair value of the assets involved in the different activities can be used.

This figure is stated separately in the statement under CTA2010/S532(2)(a). In the example in IFM22350 this is 47.

The financing costs incurred in respect of other matters are included in the statement under CTA2010/S532(2)(c). In the example in IFM22350 this is nil.

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