The Investment Trust (Approved Company) (Tax) Regulations 2011

The income distribution requirement: reduction in amount of income permitted to be retained

21.—(1) This regulation applies where conditions A to C are met.

(2) Condition A is that the investment trust is a participant in an offshore reporting fund within the meaning of regulation 50 (meaning of “reporting fund”) of the Offshore Funds Regulations.

(3) Condition B is that there is an amount which falls to be reported to the investment trust in accordance with regulation 92(1)(b) (contents of a report to participants: non-transparent funds) of the Offshore Funds Regulations(1).

(4) Condition C is that the amount referred to in condition B is accounted for by the investment trust through the capital column of the income statement in accordance with the AIC Statement of Recommended Practice, or would have been so accounted for if that Statement had been applied correctly.

(5) Where this regulation applies the amount which the investment trust may retain in accordance with regulation 19(1) is reduced by an amount equal to 85% of the amount referred to in condition B.

(6) If the application of paragraph (5) has the effect that the sum which an investment trust is permitted to retain (“the retainable amount”) is calculated to be less than zero, the investment trust must distribute as a dividend a further sum which is equal to the difference between the retainable amount and zero.

(7) The further distribution mentioned in paragraph (6) must be made in relation to the accounting period in which the fund distribution date for the offshore reporting fund in question falls.

(8) In this regulation—

(a) “fund distribution date” has the meaning given in regulation 94 (reported income: general provisions) of the Offshore Funds Regulations(2), and

(b) “AIC Statement of Recommended Practice” means the Statement of Recommended Practice relating to Investment Trust Companies, issued by the Association of Investment Trust Companies in January 2009(3).

(9) The distribution required under this regulation together with the distribution required under regulation 19 comprise “the income distribution requirement”.

(10) This regulation is subject to regulation 22.

(1)

Regulation 92(1) was amended by S.I. 2011/1211.

(2)

Regulation 94 was amended by S.I. 2009/3139 and 2011/1211.

(3)

The AIC Statement of Practice can be found at: http://www.theaic.co.uk/Documents/Technical/AICSORPJan09.pdf.