AIMA

The Alternative Investment Management Association

Alternative Investment Management Association Representing the global hedge fund industry

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Investment Manager Exemption

Withholding tax on interest distributions - AIMA Response - HMRC

UK

The UK’s investment manager exemption (IME) is a form of ‘safe-harbour’, designed to prevent a non-UK fund from having a taxable presence (or permanent establishment) in the UK by virtue of activities carried on in the UK by an investment manager.

The IME only applies to certain ‘investment transactions’, set out in government regulations. In addition to a transaction being an investment transaction, there are several conditions which must be met for the IME to be satisfied. Broadly, these are as follows:

  • the UK investment manager is in the business of providing investment management services;
  • the transactions are carried out in the ordinary course of that business;
  • the investment manager acts in relation to the transactions in an independent capacity;
  • the requirements of a ‘20% test’ are met; and
  • the investment manager receives remuneration for provision of the services at not less than the rate that is customary for such business.

Key legislative documents

UK

The Investment Manager (Specified Transactions) Regulations 2009

UK Investment Manager Exemption - Statement of Practice 1/01 (July 2007)

AIMA documents

Further submission to HM Revenue and Customs on IME White List - life insurance contacts (May 2011)

Submission to HM Revenue and Customs on IME White List - life insurance contracts (February 2011) 


Australia

AIMA has been involved in the Australian Government’s proposals for an investment manager regime and has made submissions to the Government on the changes to current rules and the proposed implementation of an investment manager regime (“IMR”). In December 2011, the Government announced a third and final element of the regime - see release linked below. This followed announcements of a foreign fund 'FIN 48' tax amnesty and proposals for conduit income exemption rules (introduced in late 2010 and early 2011, respectively, and for which legislation should be finalised and introduced in first half 2012). Broadly, the IMR provides that Australian-source income, gains or losses from portfolio interests or financial arrangement investments by a foreign managed fund will be excluded from calculation of the fund’s taxable income (and that of its non-resident investors). The new rules are operational immediately, backdated to apply from 1 July 2011.

The IMR will apply only to foreign managed funds domiciled in countries that are recognised by Australia as engaging in effective exchange of information. There is an extensive list of information exchange agreements so recognised, including with the Cayman Islands, Jersey and Guernsey, so that such jurisdictions are, accordingly, believed to be covered by the IMR. The Government is consulting widely on the legislation to implement the final element of the regime and AIMA Australia will remain closely engaged with this.

AIMA documents

Submission to Australian Treasury - Investment Manager Regime (September 2013)

Submission to Board of Taxation - Review of Tax Arrangements applying to Collective Investment Vehicles (February 2011)

Other documents

Australian Government Release re Investment Manager Regime (December 2011)

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