According to the Savings Directive, "Savings income also arises when units or shares in a collective investment fund are sold to a paying agent (or a receiving agent) or redeemed by the fund. This is analogous to the inclusion of accrued interest in the sale or redemption price of a security (see paragraphs 97 to 103 above).
Savings income only arises under this heading if the fund has invested more than 25% of its assets directly or indirectly (via other collective investment funds or residual entities) in money debts. Up to and including 31 December 2010 the figure was 40% of its assets. This applies to all funds and does not depend on any requirements of the territory in which the fund is established.
A In determining whether a sale or redemption of units or shares in a collective investment fund is reportable under these arrangements the information described at paragraphs 121 – 123 below may be used and relied upon. The paragraphs 118B – below provide additional guidance for particular circumstances if need be.
Where a fund has historically invested more than 40% of its assets in money debts it is unlikely to be affected by the reduction of the percentage to 25% from 1 January 2011 – by definition income realised at sale or redemption will be reportable throughout.
However if a fund under its rules or instrument of incorporation (see 121 below) or actual composition of assets (see 122 below) operates so as not to pass the 40% threshold, it will need to ensure, as soon as practical, after 1 January 2011 that its asset holding in money debts (including holdings of grandfathered bonds) is reduced so as not to pass the 25% threshold if the intention is that it continues to operate so that sales/redemptions will not be reportable under these regulations.
Providing a fund does so reduce its holdings in money debts sales/redemptions will not be reportable as savings income throughout.
In this context a fund will be regarded as having acted as soon as practical if by the start of the first accounting period commencing on or after 1 January 2011 or the 30 April 2011, whichever is the later, its assets in money debts do not pass the lower threshold.
This period should facilitate the necessary changes to be made and enable the fund to operate as it intended.
If the fund has met the old threshold under its rules but decides not to meet the new lower threshold then savings income will arise on a sale/redemption once its assets in money debts pass the 25% threshold."
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