# The Offshore Funds (Tax) Regulations 2009, Regulation 104: Interests not within regulation 103

Extent: E+W+S+N.I.

(1) Regulation 103 does not apply in respect of an interest in a reporting fund if—
(a) conditions A and B are met, or
(b) condition C is met.
(2) Condition A is that the interest forms part of the financial trader's stock in trade and all the profits and losses, including distributions, arising in respect of the interest are included in the computation of the financial trader's trading profits for the relevant period.
(3) Condition B is that the interest is accounted for under generally accepted accounting practice on the basis of fair value accounting.
(4) Condition C is that the interest is a relevant holding in respect of which the provisions of section 490 of CTA 2009 (holdings in OEICs, unit trusts and offshore funds treated as creditor relationship rights) apply in relation to the financial trader.
(5) In paragraph (4) a “relevant holding” means—
(a) any rights under a unit trust scheme,
(b) an interest in an offshore fund, or
(c) any shares in an open-ended investment company.

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Source: https://www.legislation.gov.uk/uksi/2009/3001/regulation/104 (the official version)
Page: https://openlegislation.uk/offshore-funds-tax-regulations-2009/regulation-104
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.