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Legislation
Taxation of Chargeable Gains Act 1992

Chapter 4 Collective investment schemes: exchanges, mergers and schemes of reconstruction

  • Section 103E Application of Chapter
  • Section 103F Exchanges of units for units in the same scheme
  • Section 103G Exchange of units for those in another collective investment scheme
  • Section 103H Scheme of reconstruction involving issue of units
  • Section 103I Scheme of reconstruction involving conversion scheme
  • Section 103J Supplementary provisions
  • Section 103K Restriction on application of sections 103G, 103H and 103I : anti-avoidance
  1. Chapter 4 · Collective investment schemes: exchanges, mergers and schemes of reconstruction
  2. Scheme of reconstruction involving issue of units

Section 103H | Scheme of reconstruction involving issue of units F1

From legislation.gov.uk

(1)This section applies where—F1

(a)for the purposes of, or in connection with, a scheme of reconstruction an arrangement is entered into by all the participants holding units in an original collective investment scheme (“scheme A”), or where there are different classes of units in the scheme, all the participants holding any class of those units, andF1

(b)under the arrangement—F1

(i)units in a successor collective investment scheme or feeder fund (“scheme B”) are issued to those participants in respect of and in proportion to (or as nearly as may be in proportion to) their relevant holdings in scheme A, andF1

(ii)the units in scheme A comprised in relevant holdings are retained by those participants or are cancelled or otherwise extinguished.F1

(2)Where this section applies—F1

(a)those participants are treated as exchanging their relevant holdings in scheme A for the units held by them in consequence of the arrangement, andF1

(b)sections 127 to 131 (share reorganisations etc) apply with the necessary adaptations as if scheme A and scheme B were the same company and the exchange were a reorganisation of its share capital.F1

For this purpose units in scheme A comprised in relevant holdings that are retained are treated as if they had been cancelled and replaced by a new issue.

(3)Where a reorganisation within case 2 of section 103F(1) of the units in scheme A is carried out for the purposes of the scheme of reconstruction, the provisions of subsections (1) and (2) apply in relation to the position after the reorganisation.F1

(4)In this section, references to “relevant holdings” of units are—F1

(a)where there is only one class of units in scheme A, to holdings of units in the scheme, andF1

(b)where there are different classes of units in scheme A, to holdings of a class of units that is involved in the scheme of reconstruction (within the meaning of paragraph 3 of Schedule 5AZA).F1

(5)This section has effect subject to section 103K (anti-avoidance).F1F2

Notes

  1. F1

    Pt. 3 Ch. 4 inserted (8.6.2013) by The Collective Investment Schemes (Tax Transparent Funds, Exchanges, Mergers and Schemes of Reconstruction) Regulations 2013 (S.I. 2013/1400), regs. 1(1), 11 (with reg. 1(2))

  2. F2

    Words in s. 103H(5) substituted (with effect in accordance with s. 36(6) of the amending Act) by Finance Act 2026 (c. 11), s. 36(3)(6) (with s. 36(7))

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