Statutory Instruments
2013 No. 661
Income Tax
Corporation Tax
Capital Gains Tax
The Offshore Funds (Tax) (Amendment) Regulations 2013
Made
19th March 2013
Laid before the House of Commons
at 1.30 p.m. on 20th March 2013
Coming into force
at 3.00 p.m. on 20th March 2013
The Treasury make the following Regulations in exercise of the powers conferred by section 354 of the Taxation (International and Other Provisions) Act 2010( 1 ).
Citation, commencement and effect
1. —(1) These Regulations may be cited as the Offshore Funds (Tax) (Amendment) Regulations 2013 and shall come into force at 3 p.m. on 20th March 2013.
(2) These Regulations have effect in relation to disposals made on or after that date.
Amendment of the Offshore Funds (Tax) Regulations 2009
2. —(1)The Offshore Funds (Tax) Regulations 2009( 2 ) are amended as follows.
(2) In regulation 17 (the charge to tax), after paragraph (3) insert—
“ (3A) Where the asset is an interest in a reporting fund acquired in consequence of an arrangement to which section 135 (exchange of securities for those in another company treated as not involving a disposal) or section 136 (scheme of reconstruction involving issue of securities treated as exchange not involving a disposal) of TCGA 1992 ( 3 ) applied, the reporting fund referred to in sub-paragraph (b) of condition B is the fund that was company A for the purposes of either of those sections and the interest referred to in sub-paragraph (c) of condition B is the interest in that fund. ”
Stephen Crabb
Anne Milton
Two of the Lords Commissioners of Her Majesty’s Treasury
19th March 2013
S.I. 2009/3001 , to which there are amendments not relevant to these Regulations. These Regulations are referred to in the footnotes to these Regulations as “the principal Regulations”.
“TCGA 1992” is an abbreviation for the Taxation of Chargeable Gains Act 1992 (c. 12) given in Part 1 of Schedule 3 to the principal Regulations.