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Section 37

Determination of income

(1) The special investment fund determines the special investment fund's income under section 2(2), first sentence, no. 2 and section 23(3) of the Income Tax Act accordingly, and structures it according to its tax effects on the investor. In doing so, the income to which the rules under sections 42 to 47 apply for the investor must in particular be shown separately. Additions under section 10 of the Foreign Tax Act are not to be included in determining the income under the first sentence.
(2) Special investment income accruing, or deemed to accrue, to a special fund-of-funds is to be structured according to the type of income of the target special investment fund and according to the tax effects on the investors of the special fund-of-funds, unless differing provisions are made in Chapter 3. In the structuring under the first sentence, the special investment income under section 34(1), nos. 1 and 2 is not to be treated as tax-free accumulable capital income within the meaning of section 36(2).
(3) Depreciation amounts accruing to a special fund-of-funds may be distributed by it as depreciation amounts under the conditions of section 35(4), second sentence. Allocation amounts and real estate allocation amounts accruing to a special fund-of-funds are not available to it for distribution as such amounts.

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