Statutory Instruments
2008 No. 1463
Income Tax
Corporation Tax
Capital Gains Tax
The Authorised Investment Funds (Tax) (Amendment No. 2) Regulations 2008
Made
9th June 2008
Laid before the House of Commons
9th June 2008
Coming into force
30th June 2008
The Treasury make the following Regulations in exercise of the powers conferred by sections 17(3) and 18 of the Finance (No. 2) Act 2005( 1 ).
Citation and commencement
1. These Regulations may be cited as the Authorised Investment Funds (Tax) (Amendment No. 2) Regulations 2008 and shall come into force on 30th June 2008.
Amendment of the Authorised Investment Funds (Tax) Regulations 2006
2. In the Authorised Investment Funds (Tax) Regulations 2006( 2 ) for regulation 95 substitute—
“ Modifications of FA 1996
95. —(1) FA 1996 ( 3 ) is modified as follows.
(2) In paragraph 4 of Schedule 10 (loan relationships: collective investment schemes: company holdings in unit trusts and offshore funds) ( 4 ) —
(a) in sub-paragraph (1)(a) the words “, open-ended investment company” are treated as inserted after the words “unit trust scheme”,
(b) in sub-paragraph (1)(b) the word “, company” is treated as inserted after the word “scheme”,
(c) in sub-paragraph (4) the words “or open-ended investment company” are treated as inserted after the words “authorised unit trust”,
(d) in sub-paragraph (5) the words “scheme, fund or open-ended investment company” are treated as substituted for the words “scheme or fund”, and
(e) the following sub-paragraph is treated as inserted at the end—
“ (7) In this paragraph “open-ended investment company” has the same meaning as in sub-paragraph (7A)(b) of paragraph 8 below; and sub-paragraphs (7A) to (7D) of that paragraph apply for the purposes of this paragraph as they apply for the purposes of paragraph 8. ” .
(3) In paragraph 8 of Schedule 10 (loan relationships: collective investment schemes: non-qualifying investments test) ( 5 ) —
(a) in sub-paragraph (1)—
(i) the words “, open-ended investment company” are treated as inserted after the words “unit trust scheme”, and
(ii) the word “, company” is treated as inserted after the words “investments of the scheme”;
(b) in sub-paragraph (2)—
(i) the words “, open-ended investment company” are treated as inserted after the words “unit trust scheme”, and
(ii) the word “, company” is treated as inserted after the words “investments of the scheme”. ” .
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
9th June 2008
S.I. 2006/964 , to which there are amendments not relevant to these Regulations.
Paragraph 4 of Schedule 10 was amended by paragraph 41 of Schedule 10 to the Finance Act 2004 (c. 12) and by S.I. 2006/964 .
Paragraph 8 of Schedule 10 was amended by paragraph 20 of Schedule 27 to the Finance Act 2002 (c. 23) , paragraph 12(3) of Schedule 26 to the Finance Act 2004 and by S.I. 1997/213 , 2001/3629 and 2006/981 .