Commentary on Sections Part 5 – Application of Act and Tcma to Certain Persons and Bodies Section 36 - Co-ownership authorised contractual schemes
54.Section 36 provides that a co-ownership authorised contractual scheme (”CoACS”) is treated for the purposes of LTT as if the scheme were a company, and the rights of the participants were shares in the company, except in relation to group, reconstruction, or acquisition relief. A CoACS must be constituted in accordance with the relevant UK financial services legislation, or under the law of an EEA state other than the UK.
55.A power is conferred on the Welsh Ministers to make, by regulations (subject to the affirmative procedure), further provision which specifies that a scheme of a description specified in the regulations is to be treated as not being a CoACS for the purposes of this Act and TCMA.