Finance Act 2004

• Permanent Page URL

Amendment of Chapter 1A (investment undertakings) of Part 27 of Principal Act.

29.—(1) Chapter 1A (inserted by the Finance Act 2000 ) of Part 27 of the Principal Act is amended—

(a) in the definition of “chargeable event” in section 739B(1)—

(i) by deleting “and” in paragraph (c), and

(ii) by inserting the following after paragraph (c):

“(cc) the appropriation or cancellation of units of a unit holder by an investment undertaking for the purposes of meeting the amount of appropriate tax payable on any gain arising by virtue of paragraph (c), and”,

(b) in section 739D—

(i) by deleting “and” after “unit holder,” in subsection (2)(d)(ii),

(ii) by inserting the following after subsection (2)(d):

“(dd) where the chargeable event is the appropriation or cancellation of units by an investment undertaking as a consequence of the transfer by a unit holder of entitlement to a unit, the amount determined under subsection (5A), and”,

and

(iii) by inserting the following after subsection (5):

“(5A) The amount referred to in subsection (2)(dd) is the amount determined by the formula—

where—

A  is the appropriate tax payable on the transfer by a unit holder of entitlement to a unit in accordance with subsection (2)(d),

G  is the amount of the gain on that transfer of that unit divided by the value of that unit, and

S  is the standard rate per cent (within the meaning of section 4).”,

and

(c) in section 739E—

(i) in subsection (1)(b) by substituting “paragraph (b), (c), (d) or (dd)” for “paragraph (b), (c) or (d)”, and

(ii) in subsection (3)—

(I) by deleting “or” in paragraph (b)(i), and

(II) by inserting the following after paragraph (b)(i):

“(ia) the appropriation or cancellation of units as a consequence of the transfer by a unit holder of entitlement to a unit, or”.

(2) This section applies as respects the appropriation or cancellation of a unit (within the meaning of section 739B of the Principal Act) on or after 4 February 2004.