Offshore Funds: Reporting funds: leaving the regime
Regulation 116 of SI 2009/3001
If a reporting fund no longer wishes to be a reporting fund it can give notice specifying a day from which the reporting fund regulations will cease to apply to the fund. The day specified must be the last day of a period of account of the reporting fund, and the notice must be given in writing to HMRC before that ‘specified day’.
The fund must also make the notice available to each participant before the specified day (by, for example, writing to or emailing those investors, or publishing the information on a website or in a newspaper widely circulated within the UK).
Note that the requirement to notify participants is not restricted to UK residents as interests may be held on a UK investor’s behalf by an offshore trust, or the fund may have investors that are themselves offshore funds and thus need to be informed that the fund has left the reporting fund regime.
A fund that has received an exclusion notice (see IFM12734) cannot subsequently give notice itself that it wishes to leave the reporting fund regime: if such a notice is given it will not have effect, unless the fund successfully appeals against the exclusion notice (see IFM12736).
Participants in a reporting fund that ceases to be a reporting fund and becomes a non-reporting fund may wish to crystallise any capital gains on their investments in the reporting fund up to the date of the fund leaving the reporting fund regime by making an election under regulation 100 (see IFM13260 and IFM13360).