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Legislation
The Offshore Funds (Tax) Regulations 2009

Crossheading Tax treatment of the reported income of the fund in the hands of participants

  • Section 94 Reported income: general provisions
  • Section 94A Equalisation amounts not treated as distributions
  • Section 95 Participants chargeable to income tax: corporate funds
  • Section 96 Participants chargeable to income tax: other non-transparent funds
  • Section 97 Participants chargeable to income tax: transparent funds
  • Section 98 Participants chargeable to corporation tax
  1. Tax treatment of the reported income of the fund in the hands of participants
  2. Equalisation amounts not treated as distributions

Regulation 94A | Equalisation amounts not treated as distributions F1

From legislation.gov.uk

(1)This regulation applies if—F1

(a)a participant has acquired by way of initial purchase an interest in a reporting fund, andF1

(b)the reporting fund operates full equalisation arrangements.F1

(2)Where this regulation applies, distributions are reduced in accordance with either option 1 or option 2.F1F2

Option 1Under this option—

(a)the amount of any actual distributions to the participant in respect of the reporting period is reduced by the equalisation amount, and

(b)the amount of any excess treated as additional distributions made to the participant is reduced by the amount, if any, by which the equalisation amount exceeds the amount of any actual distributions to the participant in respect of the reporting period.

Option 2Under this option—

(a)the amount of any excess treated as additional distributions made to the participant is reduced by the equalisation amount, and

(b)the amount of any actual distributions to the participant in respect of the reporting period is reduced by the amount, if any, by which the equalisation amount exceeds the excess.

(3)But the amount of any excess treated as additional distributions or any actual distributions shall not be reduced to below nil.F1

(4)For the purposes of paragraph (2) the excess is the amount treated as additional distributions made to the participant in accordance with regulation 94(1) and (2).F1

Notes

  1. F1

    Reg. 94A 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), 12

  2. F2

    Reg. 94A(2) substituted (28.6.2013) by The Offshore Funds (Tax) (Amendment No. 2) Regulations 2013 (S.I. 2013/1411), regs. 1(1), 9 (with reg. 1(3)(4))

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