Income Tax (Trading and Other Income) Act 2005

[F1 378A Offshore fund distributions U.K.

(1) This section applies where—

(a) a dividend is paid by an offshore fund, and

(b) the offshore fund fails to meet the qualifying investments test at any time in the relevant period.

(2) The dividend is treated as interest for income tax purposes.

(3) For the purposes of this section, an offshore fund fails to meet the qualifying investments test if the market value of the fund's qualifying investments exceeds 60% of the market value of all of the assets of the fund (excluding cash awaiting investment).

(4) “The relevant period” means—

(a) the relevant period of account of the offshore fund, or

(b) if longer, the period of 12 months ending on the last day of that period.

(5) “The relevant period of account” means—

(a) the last period of account ending before the dividend is paid, in a case in which the profits available for distribution at the end of that period (and not used since then by distribution or otherwise) equal or exceed the amount of the dividend (aggregated with any other distribution made by the offshore fund at the same time), and

(b) the period of account in which the dividend is paid, in any other case.

(6) This section applies to a manufactured overseas dividend if, and only if, it is representative of a distribution to which this section would apply.

(7) In this section—

• “dividend” includes any distribution that (but for this section) would be treated as a dividend for income tax purposes;

• “manufactured overseas dividend” has the same meaning as in Chapter 2 of Part 11 of ITA 2007 (manufactured payments);

• “offshore fund” has the same meaning as in [F2 section 354 of TIOPA 2010 (see sections 355 to 363 of that Act)];

• “qualifying investments” has the meaning given in section 494 of CTA 2009.]

Textual Amendments

F1 S. 378A inserted (with effect in accordance with s. 39(5) of the amending Act) by Finance Act 2009 (c. 10), s. 39(3)

F2 Words in s. 378A(7) substituted (1.4.2010) (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 8 para. 168 (with Sch. 9 paras. 1-9, 22)

Modifications etc. (not altering text)

C1 S. 378A applied (1.12.2009) (with effect in accordance with art. 1(2)(3) of, Sch. 1 to the amending S.I.) by The Offshore Funds (Tax) Regulations 2009 (S.I. 2009/3001), regs. 1(1), 96(3)(a)