IFM29400 - Real Estate Investment Trust :Prescribed arrangements: 2009/3315 - Real Estate Investment Trusts (Prescribed Arrangements) Regulations 2009

The prescribed arrangements are contained in SI2009/3315 Real Estate Investment Trusts (Prescribed Arrangements) Regulations.

鈥淧rescribed arrangements鈥 are arrangements (whether or not part of other arrangements) which have the purpose, or one of the main purposes, of allowing a REIT company to meet one or more of the following

-聽聽聽聽聽 CTA2010/S529 (conditions as to property rental business),

-聽聽聽聽聽 CTA2010/S530 (conditions as to distribution of profits)

-聽聽聽聽聽 CTA2010/S531 (conditions as to balance of business)

-聽聽聽聽聽 CTA2010/S604 (2) class 3 (exclusion of owner-occupied property from the property rental business)

where, but for the arrangements, those conditions would not be satisfied.

However an arrangement is not prescribed if it is effected solely for genuine commercial purposes or between persons dealing at arm鈥檚 length.

An arrangement is any agreement, understanding, scheme, share reorganisation, transaction or series of transactions (whether or not legally enforceable).聽

Where a REIT company C enters into prescribed arrangements with a person P, resulting in an amount of income, expense, asset or liability being taken into or out of account in C鈥檚 property rental business or residual business, then C, P and any person Q in which C or P have a direct or indirect interest are treated as members of the same REIT group for the purposes of the application of CTA2010/Part 12, from the beginning of the accounting period in which the arrangements are made. Person Q is not included in the REIT group where it can be shown that they fall outside the scope of the prescribed arrangements.

For these purposes 鈥減erson鈥 includes, but is not limited to鈥

(a) a legal person,

(b) a natural person,

(c) a partnership,

(d) a limited partnership,

(e) a limited liability partnership,

(f) a trust, and

(g) any other body of persons.

The inclusion of P or P and Q as members of the REIT group will result in the breach of one of the conditions in CTA2010/S529, S530 or S531. (see [The prescribed arrangements are contained in SI2009/3315 Real Estate Investment Trusts (Prescribed Arrangements) Regulations.

鈥淧rescribed arrangements鈥 are arrangements (whether or not part of other arrangements) which have the purpose, or one of the main purposes, of allowing a REIT company to meet one or more of the following

-聽聽聽聽聽 CTA2010/S529 (conditions as to property rental business),

-聽聽聽聽聽 CTA2010/S530 (conditions as to distribution of profits)

-聽聽聽聽聽 CTA2010/S531 (conditions as to balance of business)

-聽聽聽聽聽 CTA2010/S604 (2) class 3 (exclusion of owner-occupied property from the property rental business)

where, but for the arrangements, those conditions would not be satisfied.

However an arrangement is not prescribed if it is effected solely for genuine commercial purposes or between persons dealing at arm鈥檚 length.

An arrangement is any agreement, understanding, scheme, share reorganisation, transaction or series of transactions (whether or not legally enforceable).聽

Where a REIT company C enters into prescribed arrangements with a person P, resulting in an amount of income, expense, asset or liability being taken into or out of account in C鈥檚 property rental business or residual business, then C, P and any person Q in which C or P have a direct or indirect interest are treated as members of the same REIT group for the purposes of the application of CTA2010/Part 12, from the beginning of the accounting period in which the arrangements are made. Person Q is not included in the REIT group where it can be shown that they fall outside the scope of the prescribed arrangements.

For these purposes 鈥減erson鈥 includes, but is not limited to鈥

(a) a legal person,

(b) a natural person,

(c) a partnership,

(d) a limited partnership,

(e) a limited liability partnership,

(f) a trust, and

(g) any other body of persons.

The inclusion of P or P and Q as members of the REIT group will result in the breach of one of the conditions in CTA2010/S529, S530 or S531. (see](/hmrc-internal-manuals/investment-funds/ifm27000) onwards)