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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: UK property rental business: entities that are not wholly owned

IFM22365 | Real Estate Investment Trust : Group conditions and rules: Financial Statements: UK property rental business: entities that are not wholly owned

From HM Revenue & Customs · Investment Funds Manual

Joint venture companies/groups

A group may be involved in a joint venture carried on via a company/group. If there is a Joint Venture Look-Through notice in place (see IFM30005), then the group (referred to as the venturing group) includes the profits etc of the joint venture company/group in the financial statements for UK property rental business in the same way as it does for the same items for companies that are members of the venturing group (CTA2010/S588).

Where a company is involved in a joint venture carried on via a company/group and there is a Joint Venture Look-Through notice in place (see IFM30005), then the company (referred to as the venturing company) and the joint venture company/group are treated as members of a new group REIT. Financial statements are required for this deemed UK REIT (CTA2010/S588(2).

The joint venture group produces three sets of financial statements, including details in respect of the interest held by the venturing company and these feed into the venturing company/group financial statements.

Other entities in which the group has an interest

If the entity is transparent for tax purposes (e.g. a UK partnership), the group’s share of the profits etc to the extent they derive from qualifying property rental business, are included in the financial statements for UK property rental business.

If the vehicle is not transparent (e.g. a company that is less than 75% owned or an OEIC) then there will be no entries in connection with it in the financial statements for UK property rental business.

The value of the interest in the entity and in any income arising from that interest will be part of the residual business.

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