Regulation 26 Deduction of tax where interest distributions made

United Kingdom

(1)

This regulation applies if an interest distribution is made for a distribution period to a participant chargeable to income tax.

(2)

Any obligation to deduct a sum under F1section 874 of ITA 2007 is subject to the provisions of this regulation.

(3)

In this Part the “deduction obligation” means the obligation specified in paragraph (2).

(4)

The deduction obligation does not apply to the interest distribution if—

(a)

the participant is a company;

(b)

the participant consists of the trustees of a unit trust scheme;

(c)

the reputable intermediary condition is met with respect to a participant on the distribution date (see regulation 27); F2...

(d)

the residence condition is met with respect to a participant on the distribution date (see regulation 30); F3...

(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4, or

(f)

the offshore marketing condition is met with respect to the class of units in relation to which the distribution is made (see regulation 33A).

(5)

But if the participant is a company which is the trustee of the trust to which (or under which) the interest distribution is made (or received), the deduction obligation is not excluded by virtue of paragraph (4)(a).

(6)

In its application to an interest distribution to a participant in respect of accumulation units, the deduction obligation is an obligation to deduct a sum out of the amount being credited to scheme capital on the participant's behalf.

Annotations

Textual amendments

F1: Words in reg. 26(2) substituted (with effect in accordance with reg. 1(2)(a) of the amending S.I.) by The Authorised Investment Funds (Tax) (Amendment) (No. 2) Regulations 2013 (S.I. 2013/2994), regs. 1(1), 3(a)
F2: Word in reg. 26(4)(c) omitted (with effect in accordance with reg. 1(2)(b) of the amending S.I.) by virtue of The Authorised Investment Funds (Tax) (Amendment) (No. 2) Regulations 2013 (S.I. 2013/2994), regs. 1(1), 3(b)(i)
F3: Reg. 26(4)(e) and preceding word revoked (6.4.2007) by The Authorised Investment Funds (Tax) (Amendment No. 2) Regulations 2007 (S.I. 2007/794), regs. 1(1), 8(b)
F4: Reg. 26(4)(f) and preceding word inserted (with effect in accordance with reg. 1(2)(b) of the amending S.I.) by The Authorised Investment Funds (Tax) (Amendment) (No. 2) Regulations 2013 (S.I. 2013/2994), regs. 1(1), 3(b)(ii)