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The Offshore Funds (Tax) Regulations 2009

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Rights in certain existing holdings

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30.  (1)  No liability to tax arises under regulation 17 in respect of any rights in an offshore fund to which this regulation applies if the rights are acquired by a person—

(a)before 1st December 2009, or

(b)in accordance with paragraph (2).

(2) Rights are acquired in accordance with this paragraph if—

(a)the rights are acquired by the participant in accordance with a legally enforceable agreement in writing that was entered into by the participant before 30th April 2009,

(b)in the case of an agreement which was conditional, the conditions are met before that date, and

(c)the agreement is not varied on or after that date.

(3) Rights of a person in a fund are rights in an offshore fund to which this regulation applies if, on the date on which the person acquired the rights, those rights did not constitute a material interest in an offshore fund within the meaning of that expression given by section 759 of ICTA(1).

(1)

Section 759 is repealed by these Regulations (see regulation 13(2) and Schedule 2) subject to the saving contained in paragraph 3(4) of Schedule 1 (see regulation 13(3) of these Regulations).

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