Introduction Details of the Section
2.Subsection (1) permits regulations to be made allowing companies approved as investment trusts under section 842 of the Income and Corporation Taxes Act 1988 (ICTA) or companies having a reasonable belief that they will be approved as investment trusts under that section, to designate a dividend (or part of a dividend) as an interest distribution. Regulations can also be made so that in the hands of the shareholder, the interest distribution is treated as a payment of yearly interest for an individual or as a loan relationship credit for a company.
3.Subsection (2) provides that the regulation making power includes power to make regulations about:
	when a dividend may or may not be treated as an interest distribution;
	the maximum amount of a dividend that may be designated as an interest distribution;
	when income tax is deducted from the interest distributions;
	accounts and record-keeping; and
	information that an investment trust or prospective investment trust will be required to provide to its shareholders or other persons such as HM Revenue & Customs (HMRC). It allows for a penalty to be levied by HMRC up to a maximum amount of £3,000 for the failure to provide information.
4.Subsection (3) further expands the power in subsection (1). In particular, it allows for other enactments to be applied (with or without modifications). It also permits provisions to be made with respect to different types of ITCs or shareholder or sets of circumstances.
5.Subsection (5) provides that any regulations are made by the House of Commons and are subject to the negative resolution procedure.