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Link to original content: http://www.legislation.gov.uk/uksi/2006/964/part/4B/chapter/7
There are currently no known outstanding effects for the The Authorised Investment Funds (Tax) Regulations 2006, CHAPTER 7.
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Textual Amendments
F1Pt. 4B inserted (1.9.2009) by The Authorised Investment Funds (Tax) (Amendment) Regulations 2009 (S.I. 2009/2036), regs. 1, 24
69Z70.—(1) This regulation applies if a Tax Elected Fund gives a notice under this regulation electing that this Part is to cease to apply to the fund at the end of a specified accounting period.
(2) This Part shall cease to apply to the fund at the end of that accounting period.
(3) A notice under paragraph (1) must—
(a)be given in writing to the Commissioners,
(b)be given before the end of the accounting period specified in paragraph (1), and
(c)give the reasons for the fund leaving the TEF regime.
69Z71.—(1) This regulation applies if the Commissioners give a notice in writing under this paragraph to a Tax Elected Fund (a “termination notice”).
(2) This Part shall cease to apply to the fund.
(3) The Commissioners may give a termination notice only if a provision contained in this Part provides that the Commissioners must give a termination notice.
(4) A termination notice must state the reason for it.
(5) If a termination notice is given to an authorised investment fund, this Part shall be taken to have ceased to apply to the fund at the end of the accounting period immediately preceding the accounting period in which the notice was given.
(6) But regulations 13 (treatment of interest distributions for the purpose of loan relationships), 69Z61 (TEF distributions (non-dividend)) and 69Z63 (obligation to deduct tax from TEF distributions (non-dividend)) shall apply in relation to any TEF distribution (non-dividend) made before the notice was given.
69Z72.—(1) An authorised investment fund to which a termination notice is given may appeal.
(2) The notice of appeal must be given to HM Revenue and Customs within a period of 28 days beginning with the day on which the termination notice is given.
(3) On an appeal that is notified to the tribunal, the tribunal shall determine whether it was just and reasonable for HM Revenue and Customs to give the termination notice.
(4) If they decide that it was, they must confirm the notice.
(5) If they decide that it was not, they must set aside the notice.
69Z73.—(1) This regulation applies if a Tax Elected Fund—
(a)is party to a merger or takeover, and
(b)as a result, ceases to meet one or more of the TEF conditions.
(2) On the occurrence of the merger or takeover—
(a)an accounting period of the fund shall end at the end of the date of the merger or takeover, and
(b)this Part shall cease to apply to the fund at the end of that date.]
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