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Home / Simons-Taxes /Corporate tax /Part D8 Investment schemes /Division D8.1 Collective investment schemes /Property authorised investment funds / D8.132 Qualifying conditions
Commentary

D8.132 Qualifying conditions

Corporate tax

In order to be eligible for the property authorised investment fund regime the following conditions must be satisfied1―

  1. Ìý

    (a)ÌýÌýÌýÌý the property investment business condition;

  2. Ìý

    (b)ÌýÌýÌýÌý the genuine diversity of ownership condition;

  3. Ìý

    (c)ÌýÌýÌýÌý the corporate ownership condition;

  4. Ìý

    (d)ÌýÌýÌýÌý the loan creditor condition;

  5. Ìý

    (e)ÌýÌýÌýÌý the balance of business condition; and

  6. Ìý

    (f)ÌýÌýÌýÌý the notification condition.

Property investment business condition

This requires that the following conditions be satisfied throughout the accounting period2―

  1. Ìý

    (a)ÌýÌýÌýÌý the company's instrument of incorporation and prospectus include a statement that the company's investment objectives are to carry on 'property investment business' and manage cash raised from investors for that purpose; and

  2. Ìý

    (b)ÌýÌýÌýÌý the company carries on property investment business.

For accounting periods beginning on or after 1 April 2014 a 'property investment business' is defined3 as a business consisting of any one or more of the following: property rental business, owning shares in UK-REITs4 or owning shares in an entity which is the foreign equivalent

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