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Investment manager's exemption: carbon trading

Regulations have been made by the Treasury to extend the types of business that UK investment managers can undertake on behalf of non-residents without bringing the latter into the UK tax net, to include trading in carbon emission credits (legal entitlements to emit carbon) and similar instruments. Therefore, these provisions will allow offshore hedge funds to invest in carbon emissions credits through a UK investment manager. The new Regulations will be laid before Parliament on 22 March 2007 and it is expected that they will have effect on or after 21 days when the Regulations are laid. Until now, it has not been possible for carbon emission credits to qualify for the exemption, which has until now only applied to 'investment transactions' (although transactions in derivatives based on them, such as futures and options, may have been able to qualify). Although measured in tonnes of carbon, they will be distinguished from physical commodities, which remain excluded from the exemption.
 

Our view
This is a welcome move to extend the scope of the Investment Manager’s Exemption to transactions that are increasingly prevalent in Investment Management. Similar clarification would be welcome in connection with property and commodity industries, and loan origination type transactions.