On 9 August 2016 HMRC published a consultation paper on authorised contractual schemes (ACS). This covers two matters: the application of the capital allowances regime to ACS investors (this will only be relevant when the ACS holds real estate and the unitholders are not tax-exempt); and new reporting requirements (modelled on the existing requirements for offshore funds).
There is little detail provided in the capital allowances section but the consultation is a positive step as the tax transparent nature of the ACS can make operation of capital allowances elections difficult in practice.
The new reporting requirements were not expected. The ACS remains transparent but HMRC are considering making it a requirement to:
Given that ACS are held by insurers and pension schemes the benefit of introducing these extra compliance measures is not entirely clear.
There are additional ways in which the ACS legislation could be clarified, particularly in relation to loan relationships. The consultation does not mention these but we intend to raise them during the consultation process.
To read the consultation document, click here.
Please contact us if you have any comments you would like us to raise with HRMC as part of the process.
For further information please contact :