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New queries, issue 4260

22 June 2010
Issue: 4260 / Categories: Forum & Feedback
Tax treatment of rebated commissions; VAT due on supplies to EU customers; timing of gain on sale of gifted asset; estate planning on property transfer

Renewal commission

My client invests in unit trusts/OEICs through an investment manager. The manager charges a fee and if the manager receives commission from the unit trust this is paid to my client.

My understanding of SP 4/97 is that this is not taxable income nor does it affect the capital gains tax computation. Athough rebated commissions on OEICs are not specifically mentioned the logic of the section on CGT is that a cashback is entirely separate from the transaction which created it so there is no reason to net it off against the cost of the investment. It is just a ‘windfall’.

What if the client receives renewal commission as well as introductory commission?

The fund manager pays this to the investment manager every year as long as the client keeps units in the fund and the investment manager remits it to the client.

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