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SCHEDULES

SCHEDULE 22U.K.Offshore funds

Part 2 U.K.Application of TCGA 1992 to offshore funds

TCGA 1992U.K.

7U.K.TCGA 1992 is amended as follows.

8U.K.In Chapter 3 of Part 3 (collective investment schemes), insert at the end—

103AApplication of Act to certain offshore funds

(1)This Act applies in relation to a relevant offshore fund as if—

(a)the fund were a company, and

(b)the rights of the participants in the fund were shares in the company.

(2)An offshore fund is a relevant offshore fund if—

(a)it is not constituted by a company, and

(b)it is not a unit trust scheme (see section 99).

(3)In this section “offshore fund” and “participant”, in relation to a fund, have the meanings given in section 40A of the Finance Act 2008.

9U.K.Accordingly, in the title of Part 3 and in the title of Chapter 3 of that Part, insert at the end “etc”.

10U.K.In section 288(1) (interpretation), in the definition of “company”, for “section 99” substitute “ sections 99 and 103A ”.