Press Release

IMA WELCOMES NEW PROPERTY FUND REGIME THAT WILL BENEFIT NON-TAX PAYING INVESTORS

1 October 2007

IMA has responded to the Treasury's discussion paper on Property Authorised Investment Funds (PAIFs) by welcoming the new regime, which will ensure pension funds, charities and SIPP, ISA and CTF investors will no longer pay tax in the funds. 

The proposals are a response to industry concerns that, while tax-paying investors currently pay the correct amount of tax, non tax-paying investors pay tax when they should not be doing so. The remaining question is whether the additional cost of complying with the new regime will be clearly outweighed by the tax benefits to exempt investors.  This depends on two issues. 

First, to deal with the problems relating to limitations on corporate investors receiving 10% or more of a fund's distributions, there is a proposal that corporate investors, instead of directly investing in a PAIF, do so via a feeder authorised investment fund.  The question is whether this "feeder" structure" will work at low enough cost to be beneficial to corporate investors.  IMA believes the answer is yes.

Second, there are issues around the proposal to ring-fence and distribute three different types of income.  Not only would this require significant systems changes throughout the distribution chain, but it would be confusing to retail investors who would be faced with distribution statements detailing different streams of income and withholding tax.  IMA is suggesting that two-line distributions would be less complex and would also bring PAIFs into line with REITs.   

Julie Patterson, Director of Regulation, Operations and Taxation at IMA said,

"We welcome this important step in taking forward one of the issues raised in the IMA-commissioned KPMG Report on ‘Taxation and the Competitiveness of UK funds'. These proposals offer an opportunity to put the UK onto the front foot and to stem the exodus of funds going offshore."

A copy of IMA's response is attached.