Part 10AAlternative finance arrangements

Special rules for investment bond arrangements

F1564STreatment of bond-holder and bond-issuer

(1)

This section applies for the purposes of the Income Tax Acts and irrespective of the position for other purposes.

(2)

The bond-holder under investment bond arrangements is not treated as having a legal or beneficial interest in the bond assets.

(3)

The bond-issuer under such arrangements is not treated as a trustee of the bond assets.

(4)

Profits accruing to the bond-issuer in connection with the bond assets are profits of the bond-issuer and not of the bond-holder (and do not arise to the bond-issuer in a fiduciary or representative capacity).

(5)

Payments made by the bond-issuer by way of redemption payment or additional payment are not made in a fiduciary or representative capacity.

(6)

The bond-holder is not entitled to relief for capital expenditure in connection with the bond assets.

(7)

Expressions used in this section have the same meaning as in section 564G.