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HMRC internal manual

Savings and Investment Manual

HM Revenue & Customs
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Collective investment schemes: offshore funds: overview

Offshore funds

The information in this manual applies to transactions up to 30 November 2009. The Offshore Funds Manual is currently being updated for the offshore funds regime from 1 December 2009.

ICTA88/S756A to S764, ICTA88/SCH27 and SCH28 set out special rules for the taxation of gains arising to UK investors on disposals of their interests in certain offshore funds.

The legislation aims to distinguish offshore funds which report the whole, or substantially the whole, of their income to investors (reporting funds) from those which roll up most of their income so as to increase the capital value of each investor’s holding (non-reporting funds).

In general:

  • unless equalisation arrangements are operated (SAIM6360) a gain arising on the disposal of a holding in a distributing fund is chargeable under normal taxation of chargeable gains rules;
  • a gain arising on a disposal of a holding in a non-qualifying fund attracts a charge to Income Tax under ITTOIA05/PT5/CH8 or to Corporation Tax under Schedule D Case VI. These gains are referred to as ‘offshore income gains’ (SAIM6350). In applying the charge, no credit is given for any increase in the underlying value of the holding.

The provisions do not apply to gains accruing up to 1 January 1984. Where a disposal of a holding in a non-qualifying fund takes place and that holding was acquired before 1 January 1984 please seek the advice of CTISA (Financial Services Team).