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Contents

Legislation
The Offshore Funds (Tax) Regulations 2009

Crossheading Applications for this Part to apply

  • Section 51 Who may make an application
  • Section 52 Conversion of non-reporting fund into reporting fund
  • Section 53 Contents of an application
  • Section 54 Form, timing and withdrawal of application
  1. Applications for this Part to apply
  2. Form, timing and withdrawal of application

Regulation 54 | Form, timing and withdrawal of application

From legislation.gov.uk

(1)An application must be made in writing to HMRC.

(2)The application must be received by HMRC before the later of—F1

(a)the end of the first period of account for which it is proposed that this Part should apply to the fund, andF1

(b)the expiry of a period of 3 months beginning with the first day on which interests in the fund are made available to investors resident in the United Kingdom.F1

(3)The application may be withdrawn—F1

(a)at any time during a period beginning with the day the application is made and ending on the expiry of a period of 28 days beginning on the day on which HMRC give notice under regulation 55(1) or (5), orF1

(b)at any later time, but before the end of the first reporting period, if HMRC are satisfied that the fund is not in breach of the requirements imposed by Part 3.F1

(4)The application must be withdrawn—

(a)by the manager (in the case of an existing fund application), or

(b)by the applicant (in the case of a future fund application).

Notes

  1. F1

    Reg. 54(2)(3) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Offshore Funds (Tax) (Amendment) Regulations 2011 (S.I. 2011/1211), regs. 1(1), 31

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