SAIM2250 - Interest: specific inclusions: alternative finance return
Profit share return from alternative finance arrangements
Islamic law (the Shari’a) prohibits lending at interest.
This stems from the principle in the Qur’an: “God hath
permitted trade and forbidden usury”. Muslims (or anyone
else) may enter into arrangements that have a similar economic
effect to deposits or loans, but which do not involve interest. The
tax treatment of some of the most commonly-used ‘alternative
finance arrangements’ is set out in Chapter 5 Part 2 FA 2005.
Detailed guidance is at CFM6050 onwards (
SAIM20000).
In particular, the legislation defines two arrangements that
give rise to ‘profit share return’. FA05/S49 is aimed
at an arrangement known by the Arabic name of Mudaraba. The
investor deposits money with a bank or similar financial
institution, which pools such deposits and invests the funds in a
way that complies with Shari’a law. The bank then credits the
investor with part of the investment proceeds from time to time, in
proportion to the amount they have invested. Such credits are
likely to equate, in substance, to the return on an investment of
money at interest. Where they do so, they come within the
legislation – in other words, they comprise ‘profit
share return’.
Finance Act 2006 added a new section, FA05/S49A, which
covers an agency arrangement known as Wakala. The investor appoints
a bank or other financial institution as their agent, giving the
bank a sum of money to invest on their behalf. The agent specifies
an investment return it expects to receive. Provided that the
investment achieves at least the expected return, this is the
amount that is paid out to the investor (who is at risk if the
return falls short of expectations). Any additional investment
proceeds are retained by the agent as an ‘incentive
fee’. FA05/S49A also characterises the amount received by the
investor under such arrangements as ‘profit share
return’.
For non-corporate investors, FA05/S51 provides that for the
purposes of ITTOIA 2005, profit share return is treated as if it
were interest. FA05/SCH2/PARA10 further provides that in
circumstances where interest would be paid under deduction of tax
(see
SAIM9000), income tax is also deducted
from alternative finance or profit share return.
