Paragraph 14 F1

(F2A1)

This paragraph applies where co-ownership scheme seeding relief has been allowed in respect of a transaction (“the relevant transaction”) entered into by—

(a)

a co-ownership authorised contractual scheme, or

(b)

a Reserved Investor Fund (Contractual Scheme) that has since become a co-ownership authorised contractual scheme.

(1)

Where F3, in relation to the relevant transaction, the genuine diversity of ownership condition (see paragraph 15) is not met—

(a)

immediately before the end of the seeding period,

(b)

at a time in the control period, or

(c)

at a time after the end of the control period, where the failure is pursuant to or in connection with arrangements made before the end of that period,

then, subject to sub-paragraph (2), the relief, or an appropriate proportion of it, is withdrawn, and tax is chargeable in accordance with this paragraph.

(2)

The requirement to meet the genuine diversity of ownership condition at a time mentioned in sub-paragraph (1) applies only to times when the co-ownership authorised contractual scheme holds—

(a)

the chargeable interest that was acquired by the scheme under the relevant transaction, or

(b)

a chargeable interest that is derived from that interest.

(3)

The amount chargeable is the amount that would have been chargeable in respect of the relevant transaction but for F4co-ownership scheme seeding relief or, as the case may be, an appropriate proportion of the tax that would have been so chargeable.

(4)

In sub-paragraphs (1) and (3) an “appropriate proportion” means an appropriate proportion having regard to the subject-matter of the relevant transaction and what is held by the scheme at the time when the genuine diversity of ownership condition is not met.

(5)

For the purposes of this paragraph, the operator of a co-ownership authorised contractual scheme may apply to HMRC in writing for clearance that the scheme meets the genuine diversity of ownership condition, and where an application is made, HMRC must notify the scheme of its decision within 28 days of the receipt of all the information that is needed to make the decision.

(6)

Any such clearance has effect only for so long as the information on which HMRC relies in granting clearance is materially unchanged and the scheme is operated in accordance with it (including, in particular, continuing to operate in accordance with condition C of the genuine diversity of ownership condition).