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Carry MoU meaning

What does Carry MoU mean?
Shorthand used in UK private equity and venture capital practice for the July 2003 memorandum of understanding between the British Private Equity and Venture Capital Association (bvca) and HM Revenue & Customs (HMRC) on the tax treatment of carried interest and related co-investment/ratchet arrangements for fund managers. It described HMRC’s then approach to whether returns should be taxed as income or as capital gains (CGT), and how common fund structures should be analysed. The Carry mou is not legislation or case law and is not legally binding; it was a statement of practice. Its relevance has been substantially overtaken by subsequent statute and HMRC guidance, including the disguised investment management fees rules and the post-2015/2016 income-based carried interest regime. While still cited as a historical reference (for example, in due diligence on legacy funds and when considering pre-2015 expectations), current structuring and disputes are determined under the later legislative framework and HMRC manuals. Usage is consistent across England & Wales, Scotland and Northern Ireland as a UK tax concept. There is no equivalent memorandum with Irish Revenue; in Ireland the taxation of carried interest is governed by Irish legislation and Revenue guidance.
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