The following Personal Tax guidance note Produced by Tolley provides comprehensive and up to date tax information covering:
An outline of the regime applying to offshore funds, including a description of the various types of fund, is discussed in the Offshore funds guidance note. You are advised to read that guidance note first. That guidance note also explains what is meant by a ‘reporting’ and a ‘non-reporting’ fund.
Reporting funds can be divided into ‘opaque’ funds (also known as non-transparent funds), where investors are regarded as owning units in the fund rather than as owning precise fractions of the underlying assets, and ‘transparent’ funds, where the investor has a share of the underlying fund assets. The fund manager should be able to tell the taxpayer whether his fund is opaque or transparent for tax purposes.
This guidance note considers the tax treatment of opaque funds, both reporting and non-reporting. For the tax treatment of transparent funds, see the Offshore funds - transparent funds guidance note.
A list of whether an entity is regarded as transparent or opaque for UK tax can be found in INTM180030.
This list may not be up to date in each case, and it is possible that HMRC’s view may now be different. If in doubt, clarification can be sought.
The taxation of offshore funds is very complex. This note is only an outline of the topic, and you may need specialist advice. In particular, there are further complexities where one offshore fund invests in another, has an ‘umbrella’ structure involving sub-funds, or where trusts are involved.
For further reading see Simon’s Taxes Division B5.7.
Absent specific legislation, it would be possible to roll-up undistributed income in an offshore fund, so that no tax was paid until the investor sold his investment, and at that point he would realise a chargeable gain, taxed at a lower rate. The offshore funds legislation aims to prevent the tax-free conversion of rolled-up income into capital gains.
This is achieved by dividing offshore funds into:
funds where the investor is taxed on
**Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason.
Access this article and thousands of others like it free for 7 days with a trial of TolleyGuidance.
Read full article
Already a subscriber? Login
Liability of the personal representativesAfter a person’s death, the property of the deceased is vested in the personal representatives (PRs) to enable them to manage and distribute the estate in accordance with the Will or the terms of intestacy. See the Personal representatives guidance note.The
This guidance note explains the main scenarios where UK companies (other than financial institutions, etc) must withhold tax at source on payments of interest and how this is dealt with in practice.Obligation to withhold income tax from certain paymentsWhen UK companies, or partnerships of which a
Migration of tax credits to universal creditNew claims for tax credits are no longer possible as they have been replaced by the universal credit for all claimants. Existing claimants will continue to receive tax credits until they are migrated to the universal credit system. Migration will take
Trust property, which is the subject of a qualifying interest in possession (QIIP), may become chargeable to inheritance tax on the following occasions:•on the death of the beneficiary with the interest in possession•on the death of the beneficiary within seven years after a transfer or lifetime
To view our latest tax guidance content, sign in to Tolley Guidance or register for a free trial.