The Offshore Funds (Tax) Regulations 2009
S.I. 2009/3001 · Made 12 November 2009 · Extends to United Kingdom
Income Tax
Corporation Tax
Capital Gains Tax
Made 12th November 2009
Coming into force 1st December 2009
The Treasury make the following Regulations in exercise of the powers conferred by sections 41(1) and 42 of the Finance Act 2008 M1.
In accordance with section 42A(2)(c) of that Act M2, a draft of this instrument was laid before the House of Commons and approved by a resolution of that House.C1C2C3C4C5C6C7C8C9
Annotations to the whole text
Marginal citations
- M1
2008 c. 9; section 42 was amended by paragraph 4 of Schedule 22 to the Finance Act 2009 (c. 10).
- M2
Section 42A was inserted by paragraph 5 of Schedule 22 to the Finance Act 2009.
Modifications
- C1
Regulations applied (with modifications) by Taxation of Chargeable Gains Act 1992 (c. 12), Sch. 5AAA para. 7(5) (as inserted (with effect in accordance with Sch. 1 paras. 120, 123 of the amending Act) by Finance Act 2019 (c. 1), Sch. 1 para. 21)
- C2
Regulations applied (with modifications) by Taxation of Chargeable Gains Act 1992 (c. 12), Sch. 5AAA para. 13(3) (as inserted (with effect in accordance with Sch. 1 paras. 120, 123 of the amending Act) by Finance Act 2019 (c. 1), Sch. 1 para. 21)
- C3
Regulations applied (with modifications) by Taxation of Chargeable Gains Act 1992 (c. 12), Sch. 5AAA para. 46(4) (as inserted (with effect in accordance with Sch. 1 paras. 120, 123 of the amending Act) by Finance Act 2019 (c. 1), Sch. 1 para. 21)
- C4
Regulations modified (11.7.2023) by 2022 c. 3, Sch. 2 para. 9(3)(za) (as inserted by Finance (No. 2) Act 2023 (c. 30), Sch. 4 para. 12(3)(a))
- C5
Regulations modified (11.7.2023) by 2010 c. 4, s. 528ZB(2A) (as inserted by Finance (No. 2) Act 2023 (c. 30), Sch. 4 para. 5(3))
- C6
Regulations modified (11.7.2023) by 1992 c. 12, Sch. 5AAA para. 7(5A) (as inserted by Finance (No. 2) Act 2023 (c. 30), Sch. 4 para. 1(2)(b))
- C7
Regulations modified (11.7.2023) by 1992 c. 12, Sch. 5AAA para. 46(4A) (as inserted by Finance (No. 2) Act 2023 (c. 30), Sch. 4 para. 1(4)(b))
- C8
Regulations modified (11.7.2023) by 1992 c. 12, Sch. 5AAA para. 13(3A) (as inserted by Finance (No. 2) Act 2023 (c. 30), Sch. 4 para. 1(3)(b))
- C9
Regulations modified (19.3.2025) by The Co-ownership Contractual Schemes (Tax) Regulations 2025 (S.I. 2025/200), regs. 1(2), 7(4) (with reg. 63)
Contents
- Part 1: INTRODUCTION
- Preliminary provisions
- 1Citation, commencement and effect
- 2Structure of these Regulations
- General provisions
- 3Definition of “offshore fund”
- 4Classification of offshore funds
- Treatment of umbrella arrangements and of funds comprising more than one class of interest
- 5Treatment of umbrella arrangements
- 6Treatment of funds comprising more than one class of interest
- Interpretation
- 7Meaning of “participant”
- 8Meaning of “interest” (of a participant in an offshore fund)
- 9Meaning of “guaranteed return fund”
- 10Meaning of “market value”
- 11Meaning of “transparent fund”
- 12General interpretation
- Transitional provisions etc.
- 13Transitional provisions and savings, repeals, abbreviations and general index
- Part 2: THE TREATMENT OF PARTICIPANTS IN NON-REPORTING FUNDS
- Chapter 1: PRELIMINARY PROVISIONS
- 14Structure of this Part
- 15Meaning of “material disposal”
- Chapter 2: CHARGES TO TAX ON PARTICIPANTS IN NON-REPORTING FUNDS
- Charge to tax on certain amounts treated as distributions
- 16Treatment of certain amounts as distributions
- Charge to tax on disposal of asset
- 17The charge to tax
- 18The charge to tax: further provisions
- 19Income treated as arising under regulation 17: remittance basis
- Offshore funds and gains of non-resident settlements
- 20Application to gains of non-resident settlements
- Offshore funds and the transfer of assets abroad
- 21Application of transfer of assets abroad provisions
- Application of TCGA 1992
- 22Application of certain provisions of TCGA 1992
- 23Temporary non-residents
- 23ARegulation 23: supplementary
- 24Application of section 13 of TCGA 1992
- Chapter 3: EXCEPTIONS ETC. FROM THE CHARGE TO TAX
- 25Exceptions from the charge
- 26Trading stock etc.
- 27Long-term insurance funds of insurance companies
- 28Loans other than participating loans
- 29Interests in transparent funds
- 30Rights in certain existing holdings
- 31Charitable companies and charitable trusts
- 31AUnlisted trading company exception
- 31BUnlisted trading company exception: the investment condition
- 31CUnlisted trading company exception: further provision
- Chapter 4: DISPOSALS OF INTERESTS IN NON-REPORTING FUNDS
- Basic provisions
- 32Application of this Chapter
- 33Disposal of an asset: the basic rule
- Further provisions
- 34Provisions applicable on death
- 36AExchanges and schemes of reconstruction
- 37Exchange of interests of different classes
- Chapter 5: OFFSHORE INCOME GAINS AND THE COMPUTATION OF OFFSHORE INCOME GAINS
- 38General provisions
- 39The basic gain and its computation
- 40Earlier disposal to which the no gain/no loss basis applies
- 41Modifications of TCGA 1992
- 42Losses
- 43Special rules for certain existing holdings
- Chapter 6: DEDUCTION OF OFFSHORE INCOME GAINS IN COMPUTING CHARGEABLE GAINS
- 44Ambit of this Chapter
- 45Treatment of the TCGA disposal: general rules
- 46Modification of section 162 of TCGA 1992
- 47Application of section 128 of TCGA 1992
- Chapter 7: THE CONVERSION OF A NON-REPORTING FUND INTO A REPORTING FUND
- 48Consequences of conversion for participants
- Part 3: REPORTING FUNDS AND THE TREATMENT OF PARTICIPANTS IN REPORTING FUNDS
- Chapter 1: PRELIMINARY PROVISIONS
- 49Structure and application of this Part
- 50Meaning of “reporting fund”
- 50AMeaning of “equalisation arrangements”, “full equalisation arrangements” and “equalisation amount”
- Chapter 2: ENTRY INTO THE REPORTING FUND REGIME
- Applications for this Part to apply
- 51Who may make an application
- 52Conversion of non-reporting fund into reporting fund
- 53Contents of an application
- 54Form, timing and withdrawal of application
- Procedure on applications
- 55Response by HMRC to application
- 56Appeal against rejection of application
- Chapter 2A: AMENDMENT TO APPLICATION FOR THIS PART TO APPLY
- 56AAmending a statement relating to equalisation
- 56BAppeal against refusal of application to amend a statement
- Chapter 3: THE GENERAL DUTIES OF REPORTING FUNDS
- 57Effects of entry into the reporting fund regime
- 58General duties of reporting funds
- Chapter 4: THE PREPARATION OF ACCOUNTS
- 59Accounts to be prepared in accordance with acceptable accounting policy
- 60Change in accounting policy
- 61Change in accounting practice to a generally accepted accounting practice
- Chapter 5: THE COMPUTATION OF REPORTABLE INCOME
- General
- 62Duty to provide computation
- 63Computation of reportable income: general
- Adjustments for capital items and miscellaneous items
- 64Treatment of capital items following IMA SORP
- 65Treatment of other capital items and miscellaneous items
- Adjustments for special classes of income
- 66Effective interest income or comparable amounts
- 67Income from wholly-owned subsidiaries
- 68Income from other reporting funds
- 68AIndex tracking funds
- 69Income from non-reporting funds: first case
- 70Income from non-reporting funds: second case
- 71Income from non-reporting funds if first case ceases to apply
- Adjustments for equalisation arrangements
- 72Treatment of reporting funds operating equalisation arrangements
- Adjustments where funds do not operate equalisation arrangements
- 72AReporting Funds not operating equalisation: income adjustments based on reportable income for computation periods
- 72BReporting Funds not operating equalisation: income adjustments based on accounting income for computation periods
- 72CSupplementary provisions: average number of units and computation period
- Chapter 6: TRANSACTIONS BY CERTAIN REPORTING FUNDS WHICH ARE NOT TREATED AS TRADING
- Conditions to be met by reporting funds for this Chapter to apply
- 73Introductory
- 74The equivalence condition
- 75The genuine diversity of ownership condition
- 76The genuine diversity of ownership condition: further provisions
- Clearances in relation to the equivalence and genuine diversity of ownership conditions
- 77Who may apply for clearance
- 78Procedure for obtaining clearance
- 79Circumstances in which clearance may not be relied upon
- Investment transactions carried out by diversely owned funds
- 80Treatment of investment transactions carried out by diversely owned funds
- 81Meaning of “investment transaction” Repealed
- 82Meaning of “relevant contract”: general Repealed
- 83Meaning of “relevant contract”: options Repealed
- 84Meaning of “relevant contract”: futures Repealed
- 85Options and futures: further provisions Repealed
- 86Meaning of “relevant contract”: contracts for differences Repealed
- 87Interpretation of regulation 81(c) Repealed
- 88Meaning of “units in a collective investment scheme” Repealed
- 89Meaning of “transaction in a carbon emission trading product” Repealed
- Chapter 6A: TRANSPARENT REPORTING FUNDS
- 89ATransparent reporting funds
- 89BReportable income: general
- 89CAdjustment in relation to income from other reporting funds
- 89DAdjustment in relation to income from non-reporting funds: first case
- 89EAdjustment in relation to income from non-reporting funds: second case
- Chapter 7: REPORTS TO PARTICIPANTS
- 90Report to participants for a reporting period
- 91Meaning of “reporting period”
- 92Contents of report to participants: non-transparent funds
- 92AFunds which do not operate equalisation arrangements: income adjustments on the basis of reported income Repealed
- 92BFunds which do not operate equalisation arrangements: income adjustments on the basis of accounting income Repealed
- 92CFunds which do not operate equalisation arrangements: computation period Repealed
- 92DContents of reports to participants: transparent reporting funds
- 93Lengthy periods of account where full information not available
- Chapter 8: THE TAX TREATMENT OF PARTICIPANTS IN REPORTING FUNDS
- Tax treatment of the reported income of the fund in the hands of participants
- 94Reported income: general provisions
- 94AEqualisation amounts not treated as distributions
- 95Participants chargeable to income tax: corporate funds
- 96Participants chargeable to income tax: other non-transparent funds
- 97Participants chargeable to income tax: transparent funds
- 98Participants chargeable to corporation tax
- Disposals and deemed disposals of interests
- 99Disposals of interests
- 100Deemed disposals of interests
- Charitable companies and charitable trusts
- 101Special provisions applying to charitable companies and charitable trusts
- Anti-avoidance provisions
- 102Treatment of financial traders if conditions specified in regulation 73 are met
- 103Amounts brought into account in computing trading profits or losses of financial traders
- 104Interests not within regulation 103
- 105Meaning of “financial trader”
- Chapter 9: THE PROVISION OF INFORMATION TO HMRC
- 106Reporting requirements
- 107Information obligations of reporting funds
- Chapter 10: BREACHES OF REPORTING FUND REQUIREMENTS
- 108Types of breaches
- 109Consequences of minor breaches
- 110Differences between reported income and reportable income
- 111Provision of report that is incorrect or incomplete
- 112Cases where information is not provided
- 113Serious breaches
- 114Consequences of serious breaches
- 115Appeal against exclusion from the reporting fund regime
- Chapter 11: LEAVING THE REPORTING FUND REGIME
- 116Termination by notice given by reporting fund
- 117Reporting fund not complying with requirements
- Chapter 12: CONSTANT NAV FUNDS
- Interpretation
- 118Meaning of “constant NAV fund”
- Modified application of this Part
- 119General
- 120Modified application of Chapter 2
- 121Modified application of Chapter 3
- 122Disapplication of Chapters 4 to 9
- 123Modified application of Chapter 10
- 124Disapplication of Chapter 11
- Part 3A: ANNUAL PAYMENTS TO NON-RESIDENTS
- 124AAnnual Payments – duty to deduct income tax
- 124BConsequences of reasonable but incorrect belief
- Part 4: CONSEQUENTIAL AMENDMENTS
- 125Amendment of the Inheritance Tax Act 1984
- 126Amendment of ICTA
- 127Amendment of TCGA 1992
- 128Amendment of ITTOIA 2005
- 129Amendment of ITA 2007
- 130Amendment of FA 2008 Repealed
- 131Amendment of CTA 2009
- Signature
- Schedule 1: Transitional Provisions and Savings
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 3AParagraph 3A
- 3BParagraph 3B
- 3CParagraph 3C
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Schedule 2Repeals
- Schedule 3: Abbreviations and Defined Expressions
- 1Abbreviations of Acts
- 2Index of expressions defined or otherwise explained in these Regulations
- Explanatory note