Qualifying investor alternative investment fund information
Irish zero-tax legal structure
Central Bank of Ireland ("CBI") regulates QIAIFs. When Irish public tax scandals concerning the Section 110 SPV, also regulated by the CBI, emerged in 2016–2017, the CBI upgraded the little-used LQIAIF,[1] to give the same benefits as Section 110 SPVs, but with full confidentiality and tax secrecy.[2]
Qualifying Investor Alternative Investment Fund or QIAIF is a Central Bank of Ireland regulatory classification[a] established in 2013 for Ireland's five tax-free legal structures for holding assets. The Irish Collective Asset-management Vehicle or ICAV is the most popular of the five Irish QIAIF structures, it is the main tax-free structure for foreign investors holding Irish assets. A QIAIF constitutes an alternative investment fund (AIF) under the Alternative Investment Fund Managers Directive (AIFMD) and is required to appoint an alternative investment fund manager (AIFM). The AIFM may be either an EU manager or a non-EU manager.[3]
In 2018, the Central Bank of Ireland expanded the Loan Originating QIAIF or L–QIAIF regime which enables the five tax-free structures to be used for closed-end debt instruments. The L–QIAIF is Ireland's main debt–based BEPS tool as it overcomes the lack of confidentiality and tax secrecy of the Section 110 SPV.[b] It is asserted that many assets in QIAIFs and LQIAIFs are Irish assets being shielded from Irish taxation.[c][5] Irish QIAIFs and LQIAIFs can be integrated with Irish corporate base erosion and profit shifting ("BEPS") tax tools to create confidential routes out of the Irish tax system to Ireland's main Sink OFC, Luxembourg.[d]
In March 2019, the UN identified Ireland's "preferential tax regimes" for foreign funds on Irish assets as affecting the human rights of tenants in Ireland.[7][8]
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^"Qualifying Investor Alternative Investment Fund (QIAIF) Meaning &…". Mason Hayes Curran. Retrieved 16 February 2024.
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