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HMRC internal manual

International Manual

From
HM Revenue & Customs
Updated
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Non-residents trading in the UK: through UK investment managers, brokers or Lloyd’s agents: investment manager exemption: the legislation

Overview

Although the exemption is generally referred to as ‘the investment manager exemption’ it is available, subject to certain conditions, to:

UK agents to non-resident Lloyd’s members INTM269040
   
UK brokers acting for non-resident traders INTM269050
UK investment managers carrying out investment business for non-resident traders INTM269060 to INTM269150 

The legislative provisions for the exemption are at:

* For income tax - ITA07/Ss817-828 and ITA07/Ss835C to 835S
   
* For corporation tax - CTA10/S969 to S972, and CTA10/S1145 to S1150

Statement of Practice 1/01, originally published on 6 June 2001, contains extensive guidance on how HMRC will apply the investment manager exemption provisions.

SP1/01 was revised and reissued on 20 July 2007 to reflect provisions with regard to companies which had been revised in FA03, as well as developments in investment management practice, and took immediate effect. The original SP remained in force until 31 December 2009 to allow a non-resident or its investment manager to make any necessary changes to comply with the revised Statement of Practice. For example, after 31 December 2009, under the revised Statement of Practice the independence test could no longer be satisfied simply by a collective fund being quoted on a recognised stock exchange. The revised text of SP1/01 is reproduced at INTM269200.