Regulation 13 Treatment of interest distributions for purposes of loan relationships

Chapter 2 of Part 4 of FA 1996 (loan relationships) has effect in relation to an authorised investment fund and to an interest distribution paid by that fund as it would have effect if the interest distribution were interest payable on a loan to the authorised investment fund and were, accordingly, interest under a loan relationship to which the authorised investment fund were a party.

But paragraph (1) only applies to the extent that the interest distribution is derived from income F2other than income chargeable to corporation tax in accordance with Part 4 of CTA 2009 and in respect of which the legal owner is charged to corporation tax.

For the purposes of these Regulations, an interest distribution is treated as paid if it is credited to the capital part of the scheme property of an authorised investment fund on behalf of a participant in respect of the participant's accumulation units.

This regulation is subject to regulation 14 F3and regulation 14B (tax treatment of qualified investor schemes).

In this regulation an “interest distribution” includes a TEF distribution (non-dividend) (see regulation 69Z61(3)).