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Legislation
The Offshore Funds (Tax) Regulations 2009

Crossheading Modified application of this Part

  • Section 119 General
  • Section 120 Modified application of Chapter 2
  • Section 121 Modified application of Chapter 3
  • Section 122 Disapplication of Chapters 4 to 9
  • Section 123 Modified application of Chapter 10
  • Section 124 Disapplication of Chapter 11
  1. Modified application of this Part
  2. Modified application of Chapter 10

Regulation 123 | Modified application of Chapter 10

From legislation.gov.uk

For regulations 108 to 115 substitute—.

108AConsequences of rise in net asset value of fund

(1)This regulation applies if—

(a)this Part applies to a constant NAV fund,

(b)the net asset value of the fund (expressed in the currency in which units are issued) has risen by more than an insignificant amount, and

(c)the fund has not notified HMRC that it has ceased to be a constant NAV fund.

(2)But this regulation does not apply if the net asset value of a constant NAV fund (expressed in the currency in which units are issued) has fallen by more than an insignificant amount.

(3)A participant who disposes of an interest in the fund and who makes a chargeable gain on the disposal is treated as making an offshore income gain.

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