SDLTM09945 | SDLT - increased rates for non-resident transactions: Co-ownership authorised contractual schemes - para 15 Sch 9A FA03

General guidance on co-ownership authorised contractual schemes (CoACSs) can be found at IFM08000 onwards, and on co-ownership contractual schemes (CoCS) and Reserved Investor Funds (RIFs) at IFM9000.

Further guidance on the SDLT treatment of CoCSs can be found at SDLTM24700.

A CoCS is a form of collective investment scheme. For SDLT, a CoCS includes:

• Co-Ownership Authorised Contractual Schemes (CoACSs)

• Reserved Investor Funds (RIFs).

It is essentially a pool of assets held by a depositary and managed on behalf of a number of investors in accordance with contractual arrangements agreed between the parties. For SDLT purposes, a CoCS is treated as a company, and the rights of investors are shares in the company.

For the purposes of the non-resident surcharge:

• A CoACS is not non-resident (paragraph 15(1))

• A collective investment scheme treated as a CoACS under section 102A of FA 2003 (EEA equivalent schemes) is non-resident (paragraph 15(2)).

• A RIF is not non-resident (paragraph 15(3)