Regulation 34 Meaning of “relevant contract”

(1)

For the purposes of regulation 33(b) a relevant contract is—

(a)

an option,

(b)

a future, or

(c)

a contract for differences.

(2)

For the purposes of this regulation an option, a future or a contract for differences which relates to land will only be a relevant contract if the option, future or contract for differences uses an index referred to in regulation 38(1)(b) and the index is—

(a)

publicly accessible,

(b)

comprised of a significant number of properties, and

(c)

not maintained by—

(i)

the investment trust,

(ii)

the manager of the investment trust, or

(iii)

a person connected with the investment trust or the manager of the investment trust.

(3)

For the purposes of this regulation—

(a)

sections 993 and 994 of the Income Tax Act 2007 (connected persons)^f1 apply where the manager is a person other than a company, and

(b)

sections 1122 and 1123 of CTA 2010 (connected persons) apply in the case of an investment trust or where the manager is a person which is a company.

Annotations

Footnotes

f1: 2007 c. 3; section 994 was amended by paragraphs 494 and 565 of Part 2 of Schedule 1 to the Corporation Tax Act 2010 (c. 4).