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Legislation
The Offshore Funds (Tax) Regulations 2009

CHAPTER 6A TRANSPARENT REPORTING FUNDS

  • Section 89A Transparent reporting funds
  • Section 89B Reportable income: general
  • Section 89C Adjustment in relation to income from other reporting funds
  • Section 89D Adjustment in relation to income from non-reporting funds: first case
  • Section 89E Adjustment in relation to income from non-reporting funds: second case
  1. Chapter 6A
  2. Adjustment in relation to income from non-reporting funds: first case

Regulation 89D | Adjustment in relation to income from non-reporting funds: first case F1

From legislation.gov.uk

(1)This regulation applies if—

(a)a transparent reporting fund has an interest in a non-reporting fund, and

(b)the conditions in paragraph (2) are met for a period of account.

(2)The conditions are that—

(a)the transparent reporting fund has access to the accounts of the non-reporting fund;

(b)the transparent reporting fund has sufficient information about the non-reporting fund to enable it to prepare a computation of reportable income for the non-reporting fund; and

(c)the transparent reporting fund can reasonably expect to rely on continued access to that information for the period in which it will hold the investment in the non-reporting fund.

(3)Regulation 89C applies as if the transparent reporting fund were TRF and the non-reporting fund were RF.

(4)For the purposes of the computation mentioned in paragraph (2)(b), regulation 80 applies if (and only if) the non-reporting fund is a UCITS fund.

Notes

  1. F1

    Pt. 3 Ch. 6A inserted (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), 24

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