IFM03365 - Authorised investment funds (AIFs): taxation of investors within the charge to IT: financial traders and diversely owned AIFs: meaning of "financial trader"
SI2006/964 Regulation 52E
Regulation 52E defines a financial trader as a person carrying on a business which is:
- A banking business;
- An insurance business; or
- A business consisting wholly or partly in dealing in “trading assets” such that any profit on such assets would form part of the trading profit of that business.
“Trading assets” for these purposes means:
- Stocks and shares;
- Relevant contracts;
- Loan relationships;
- Units in collective investment schemes;
- Securities;
- Foreign currency; and
- Carbon emission trading products.
Where a financial trader transfers trading assets to a diversely owned AIF under, or as part of, an arrangement which has an unallowable purpose, and a person connected with the financial trader either holds units in that AIF at the time of the transfer or later acquires units in that AIF, that connected person is also treated as a financial trader. An arrangement has an unallowable purpose if the main or one of the main purposes is to obtain a tax advantage within the meaning of section 1139 of the Corporation Tax Act 2010 or an income tax advantage within the meaning of section 683 of the Income Tax Act 2007, for any person.