IFM36900 - Glossary of terms: Glossary of terms

Glossary of terms

ITA07/S809EZE

This section provides a list of definitions relating to terms that feature in the disguised investment management fees (DIMF) rules of Chapter 5E of Part 13 ITA2007.

 

“Arrangements” includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable);

 

“Collective investment scheme” has the meaning given by FSMA00/S235.

 

“External investor”, in relation to an investment scheme and any arrangements, means a participant on the scheme other than -

(a) an individual who at any time performs or is to perform investment management services directly or indirectly in respect of the scheme

(b) a person through whom sums are to, or may, arise directly or indirectly to such an individual from the scheme under the arrangements;

 

“Investment management services”, in relation to an investment scheme, includes-

(a) seeking funds for the purpose of the scheme from participants or potential participants

(b) researching potential investments to be made for the purposes of the scheme,

(c) acquiring, managing, or disposing of property for the purposes of the scheme, and

(d) acting for the purposes of the scheme with a view to assisting a body in which the scheme has made an investment to raise funds;

 

“Investment trust” means a company in relation to which conditions A to C of CTA10 / S1158 are met (or treated as met); and for this purpose “company” has the meaning given by CTA10/S1121;

 

“Market value” has the same meaning as in TCGA92 (see S272 and S273 of that Act);

 

“Participant” -

(a) in relation to a collective investment scheme, is construed in accordance with FSMA00/S235

(b) in relation to an investment trust means a member of the investment trust;

 

“Profits”, in relation to an investment made for the purposes of an investment scheme, means profits (including unrealised profits) arising from the acquisition, holding, management or disposal of the investment (taking into account items of a revenue nature and items of a capital nature).