Do you have an open-ended, non-UK corporate fund (‘Offshore Fund’) marketed to UK individual investors, funds of funds or UK companies?

UK tax resident and domiciled individual investors with interests in an Offshore Fund will be taxed under income tax rules at rates of up to 45% when they dispose of their investment, crystallising an ‘Offshore Income Gain’. Such investors are only able to benefit from preferential capital gains tax rates of up to 24% when they redeem, if the class of interest for which they subscribed has been certified as a reporting fund throughout the duration of their investment.

In order to comply with the regime, once a share class or series has successfully applied to HMRC for certification and obtained reporting fund status (‘RFS’), annually within six months of the year end of the fund, a reportable income calculation (net of relevant expenses) is required to be computed, with reports being made available to both investors and HMRC. To the extent any ‘Excess Reportable Income’ arises, investors are required to pay tax on their share. Often there is nil Excess Reportable Income due to allowable expenses (e.g. management fees) that offset against income of the fund.

Obtaining RFS and remaining compliant with the regime is particularly advantageous for funds with investment strategies that generate significant capital returns.

The abolition of the UK’s non-dom regime from April 2025 means that UK tax-resident individual investors are no longer be able to benefit from the UK’s remittance basis of taxation. It makes obtaining UK RFS for such classes of investor more advantageous, as historically, they would have been less concerned with crystallising an Offshore Income Gain, as they would not have remitted sums to the UK.

Other investors who may benefit from the regime include funds of funds with RFS in their own right and UK companies.

What should I do?

For funds with a year-end of 31 December 2025, it is critical to note that RFS applications to HMRC submitted before year end will be effective from the beginning of the accounting period in which the application is submitted, so from 1 January 2025. If you had any new fund launches or share classes in the year, please contact us urgently to avoid missing the deadline.

A fund with a 31 December 2025 year-end has a “soft” annual reporting compliance deadline to both investors and HMRC is 30 June 2026 – six months from the end of the reporting period. While there are no ramifications for a further four months, as long as you meet the annual compliance requirements by 31 October 2026, that would mitigate a minor breach arising. If you need assistance with your reporting requirements, please contact us as soon as possible via the form below.

Please also speak to us about applying for RFS. We would be delighted to assist you with a staged process.

1. Consideration of whether your fund is structured appropriately and eligible to access the regime.

2. Consideration of whether obtaining RFS for your fund’s particular investment strategy is beneficial.

3. Initial application to HMRC for relevant share classes and series to become reporting funds.

4. Annual compliance with the regime within six months of the fund’s year end, including the reportable income calculations and making reports available to investors and HMRC.