1 Citation, commencement and effect

(1)    These Regulations may be cited as the Authorised Investment Funds (Tax) (Amendment No 2) Regulations 2007 and shall come into force on 6th April 2007.

(2)    In these Regulations “the principal Regulations” means the Authorised Investment Funds (Tax) Regulations 2006.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see para (1) above.

2 Amendment of the principal Regulations: general

2Amendment of the principal Regulations: general

The principal Regulations are amended as follows.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see reg 1(1).

3 Amendment of regulation 26 of the principal Regulations

3Amendment of regulation 26 of the principal Regulations

In regulation 26(4)(c) (deduction of tax where interest distributions made) insert “or” at the end.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see reg 1(1).

4 Amendment of regulation 81 of the principal Regulations

4Amendment of regulation 81 of the principal Regulations

In regulation 81(1) (distributions by authorised unit trust after the end of its pre-transfer accounting period) for “3.1.4” substitute “22”.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see reg 1(1).

5 Insertion of regulation 93A in the principal Regulations

5Insertion of regulation 93A in the principal Regulations

Insert the following regulation after regulation 93 (modification of the Tax Acts: introduction)—

“93A Modifications of TMA 1970

(1)    TMA 1970 is modified as follows.

(2)    In section 98(4E) (special returns etc)—

(a)    in paragraph (a) for “trustees of an authorised unit trust” substitute “legal owner of an authorised investment fund”;

(b)    in paragraph (b)—

(i)    for “trustees” substitute “legal owner”, and

(ii)    for “do not comply” substitute “does not comply”; and

(c)    in paragraph (d) for “trustees” substitute “legal owner”.”.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see reg 1(1).

Equity & Trusts95 Trusts & Trustees95

6 Amendment of regulation 94 of the principal Regulations

6Amendment of regulation 94 of the principal Regulations

In regulation 94(5) (modifications of the Income and Corporation Taxes Act 1988) for “he following subsection is treated as insert” substitute “the following subsection is treated as inserted”.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see reg 1(1).

Company Law & Business Entities92 Companies & Corporate Bodies92

7 Amendment of the Schedule to the principal Regulations

7Amendment of the Schedule to the principal Regulations

In Part 2 of the Schedule to the principal Regulations (abbreviations and defined expressions) insert at the appropriate places—

“reputable intermediary condition (in Part 4)Regulation 27
residence condition (in Part 4)Regulation 30.”
NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see reg 1(1).

8 Revocations

8Revocations

The following provisions of the principal Regulations are revoked—

(a)    regulation 1(3);

(b)    in regulation 26(4), sub-paragraph (e) and the word “or” immediately preceding it;

(c)    regulations 34 to 46.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see reg 1(1).

Signature

Frank Roy

Dave Watts

Two of the Lords Commissioners of Her Majesty's Treasury

12th March 2007

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

These Regulations amend the Authorised Investment Funds Regulations 2006 (SI 2006/964) (“the principal Regulations”). They revoke those parts of the principal Regulations which provide that the obligation to make a deduction by way of income tax from an interest distribution does not apply if the non-liability condition is met (see regulation 8). These Regulations also make a number of consequential and minor amendments to the principal Regulations.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.