SCHEDULES

SCHEDULE 17Group Real Estate Investment Trusts: modifications

Entering Real Estate Investment Trust Regime

8

1

A notice under section 109 must be given by the principal company.

2

For the purposes of the requirement under section 109(2)(c) a reference to the company shall be treated as a reference to the principal company.

9

1

In section 111(1) a reference to C (pre-entry) shall be treated as a reference to a UK resident member of G (pre-entry).

2

Section 111(2) shall have effect in relation to each UK resident company which is a member of the group; and for that purpose—

a

a reference to C (pre-entry) (in subsection (2) or (4)) shall be treated as a reference to the company as a member of G (pre-entry), and

b

a reference to C (tax-exempt) (in subsection (2) or (4)) shall be treated as a reference to the company as a member of G (property rental business).

3

In section 111(5) the reference to the company shall be treated as a reference to each UK resident member.

4

Where a percentage of the assets of a member of G (property rental business) is excluded from a financial statement in accordance with paragraph 31(5), the excluded percentage shall be disregarded for the purposes of section 111.

10

1

If a UK resident company becomes a member of a group to which Part 4 applies, section 111 shall apply to the company as if—

a

references to entry were references to becoming a member of the group,

b

references to C (pre-entry) were references to the company before becoming a member of the group, and

c

references to C (tax-exempt) were references to the company as a member of G (property rental business).

2

Where a percentage of the assets of the company would be excluded from a financial statement in accordance with paragraph 31(5), the percentage which would be excluded shall be disregarded in applying section 111 to the company.

11

1

In the application of section 112—

a

a reference to a company to which Part 4 applies shall be treated as a reference to each member of a group to which Part 4 applies,

b

a reference to C (residual) shall be treated as a reference to the company as a member of G (residual),

c

in subsection (3) the reference to assets treated as sold and re-acquired under section 111(2) shall be construed in accordance with paragraph 9(4) or 10(2), and

d

the section shall apply to non-UK resident members—

i

as if section 111 applied to UK property rental business (within the meaning given by paragraph 32(1)) carried on by them,

ii

as if a reference to a charge to corporation tax under Case VI of Schedule D were a reference to a charge to income tax, and

iii

as if a reference to the rate at which the company pays tax on income were, where relevant, a reference to the rate at which the company would pay tax on the notional income if it were the highest part of the company's income.

2

Where a company joins a group to which Part 4 applies, section 112 shall apply to the company as if joining the group amounted to becoming a company to which Part 4 applies (but with a reference to C (residual) being treated as a reference to the company as a member of G (residual)).

12

1

Section 113(1) to (4) shall apply in relation to G (property rental business), G (pre-entry), G (residual) and G (post-cessation) as they apply in relation to C (tax-exempt), C (pre-entry), C (residual) and C (post-cessation).

2

Section 113(1) to (6) shall also apply in relation to each UK resident company which is a member of the group; for which purpose—

a

a reference to C (tax-exempt) is a reference to the company if or in so far as it is a member of G (property rental business),

b

a reference to C (pre-entry) is a reference to the company as a member of G (pre-entry) (or, in the case of a company which joins a group to which Part 4 applies, a reference to the company before joining),

c

a reference to C (residual) is a reference to the company if or in so far as it is a member of G (residual), and

d

a reference to C (post-cessation) is a reference to the company as a member of G (post-cessation) (or, in the case of a company which leaves a group to which Part 4 applies, a reference to the company after leaving).

3

Where a percentage of the profits of a member of G (property rental business) is excluded from a financial statement in accordance with paragraph 31(5), the excluded percentage shall be treated for the purposes of section 113 as profits of G (residual).

13

Regulations under section 114 may make provision in relation to a group to which Part 4 applies as if references to the company were references to the principal company.

14

Section 115 shall apply as if for subsection (2) there were substituted—

2

That sum is—

Profits+FinancingCosts(all)FinancingCosts(external)math

where—

  1. a

    Profits means the aggregate of the UK profits of G (property rental business) arising in the accounting period as set out in the financial statement under paragraph 31(2)(b) (before the offset of capital allowances),

  2. b

    Financing Costs (all) means the amount of the financing costs incurred in respect of the property rental business of G (property rental business) as set out in the financial statement under paragraph 31(2)(b), and

  3. c

    Financing Costs (external) means the amount of the financing costs incurred in respect of the UK business of G (property rental business), excluding financing costs owed by one member of G (property rental business) to another, as set out in the financial statement under paragraph 31(2)(a).