What Is a Regulated Investment Company (RIC)
A regulated investment company (RIC) can be any one of several investment entities. For example, it may take the form of a mutual fund or exchange-traded fund (ETF), a 澳洲幸运5开奖号码历史查询:real estate investment trust (REIT), or a 澳洲幸运5开奖号码历史查询:unit investment trust (UIT). Whichever form the RIC as𒆙sumes, the structure must be deemed eligible by the Internal Revenue Servicไe (IRS) to pass through taxes for capital gains, dividends, or interest earned to the individual investors.
A regulated investment company is qualified to pass-through income under Regulation M of the IRS, with the specific regulations for qualifying as an RIC delineated💞 in U.S. code, title 26, sections 851 through 855, 860, and 4982.
Regulated Investment Company (RIC) Basics
The purpose of utilizing pass-through or flow-through income is to avoid a double-taxation scenario as would be the case if both the investment company and its investors paid tax on company generated income and profits. The concept of pass-through income is also referred to as the 澳洲幸运5开奖号码历史查询:conduit theory, as the investment company is functioning as a conduit for passing on capiওtal gains, dividends and interest to individual shareholders.
Fast Fact
R🤡egulated investment companies do no🐟t pay taxes on their earnings.
Without the regulated investment company allowance, both the investment company and its investors would have to pay taxes on the company's capital gains or earnings. With pass-through income, the company is ❀not required to pay corporate income taxes on profits passed through to the shareholders. The only income tax imposed is on individual shareholders.
Requirements to Qualify as an RIC
To qualify as a regulated inves🉐tment company the business has 🧸to meet specific perimeters.
- Exist as a corporation, or other entity, which would ordinarily have taxes assessed as a corporation.
- Be registered as an investment company with the Securities and Exchange Commission (SEC).
- Elect to be deemed as an RIC by the 澳洲幸运5开奖号码历史查询:Investment Company Act of 1940 as long as its income source and diversification of assets meets specified requirements.
Additionally, an RIC must derive a minimum of 90% of its income from capital gains, interest or dividends earned on investments. Further, an RIC must distribute a minimum of 90% of its 澳洲幸运5开奖号码历史查询:net investment income in💦 the form of interest, dividends or capital ga🔯ins to its shareholders.
Should the RIC not distribute this share of income, it may be subject to an 澳洲幸运5开奖号码历史查询:excise tax by the IRS. The RIC would also have to issue an IRS 澳洲幸运5开奖号码历史查询:Form 2439 to shareholders stating that the ca😼pital gains are being retained.
Finally, to qualify as a regulated investment company, at least 50% of a company's total assets must be in the form of cash, cash equivalents or securities. No more than 25% of the company’s total assets may be invested in securities of a single issuer unless the investments are government securities or the securities of other RICs.
Key Takeaways
- A regulated investment company can be any type of investment entity including mutual funds, ETFs, and REITS.
- An RIC must derive a minimum of 90% of its income from capital gains, interest, or dividends earned on investments.
- To qualify, at least 50% of a company's total assets must be in the form of cash, cash equivalents, or securities.
- President Obama signed the Regulated Investment Company Modernization Act of 2010 into law Dec. 22, 2010.
Real World Example
President Obama signed the into law Dec. 22, 2010. It made changes to the rules governing the tax treatment of regulated investment companies (RICs), including open-end mutual funds, closed-end funds, and m🦄ost exchange-traded funds. The last update to the rules governing RICs was the Tax Reform Act of 1986.
The primary reason for the 2010 RIC Modernization Act was 👍due to vast changes in the mutual fund industry in the 25 years between 1986 and 2010. Further, many of the tax rules applicable to RICs became obsolete, created administrative burdens or caused uncertainty.