Income Tax Bill

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Income Tax Bill

Income Tax Bill
Part 11 — Manufactured payments and repos
Chapter 5 — Price differences under repos
317

(6)
Subsection (7) applies in calculating the sale price for the purposes of this
section if the repo involves the exercise of an option (see section 569(4)(b) and
(c)).
(7)
The amount of any consideration given for the option is—
(a)
in a case falling within section 569(4)(b), added to what would
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otherwise be the price, and
(b)
in a case falling within section 569(4)(c), subtracted from what would
otherwise be the price.
(8)
This section is subject to section 608 (exceptions) and Chapter 6 (powers to
modify repo provisions: non-standard repo cases and redemption
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arrangements).
608
Exceptions to section 607
(1)
Section 607 does not apply in a case within subsection (2) or (3).
(2)
A case is within this subsection if the agreement or agreements for sale and
repurchase are not what one would expect of persons dealing at arm’s length.
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(3)
A case is within this subsection if the interim holder has all the benefits and
risks from fluctuations in the market value of the securities between their sale
and repurchase.
(4)
This section is subject to any regulations under—
(a)
section 611 (power to modify Chapter 5 in non-arm’s length case), and
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(b)
sections 612 to 614 (powers to modify repo provisions: non-standard
repo cases and redemption arrangements).
Additional tax treatment
609
Additional income tax consequences of price differences
(1)
Subsections (2) and (3) apply if an amount is treated under section 607 as a
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payment of interest.
(2)
If the repurchase price is more than the sale price, the repurchase price is
treated for other income tax purposes as reduced by the amount of the
payment of interest.
(3)
If the sale price is more than the repurchase price, the repurchase price is
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treated for other income tax purposes as increased by the amount of the
payment of interest.
(4)
“Other income tax purposes” means income tax purposes other than the
purposes of—
(a)
sections 601 to 605 (deemed manufactured payments: repos), and
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(b)
this Chapter.
(5)
The Treasury may by regulations provide for any amount which is treated
under section 607 as received as a payment of interest to be treated, in such
circumstances and so far as may be described in the regulations, as exempt
pension income.
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Income Tax Bill
Part 11 — Manufactured payments and repos
Chapter 6 — Powers to modify repo provisions
318

(6)
“Exempt pension income” means income which is eligible for relief from
income tax as a result of section 613(4) or 614(2), (3) or (4) of ICTA or section
186 of FA 2004 (exemptions about pensions and annuities).
(7)
Section 261G of TCGA 1992 deals with the effect on the repurchase price for
capital gains tax purposes of an amount being treated under section 607 as a
5
payment of interest.
Interpretation
610
Repurchase price in deemed manufactured payment case
(1)
This section applies if section 602 (deemed manufactured payments: repos)
applies to a case in which section 607 applies.
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(2)
References in sections 607 to 609 to the repurchase price are to be read as
references to the repurchase price which is applicable as a result of section
604(2), (4) or (5).
Power to modify
611
Power to modify Chapter in non-arm’s length case
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(1)
The Treasury may by regulations provide for—
(a)
sections 607 to 610 (price differences under repos), or
(b)
any of those sections,

to apply with modifications if the exception in section 608(2) (agreement not at
arm’s length) would otherwise prevent section 607 from applying.
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(2)
Regulations under this section may make different provision for different
cases.
(3)
Regulations under this section may contain incidental, supplemental,
consequential and transitional provision and savings.
(4)
The incidental, supplemental and consequential provision may include
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modifications of—
(a)
section 604 (deemed increase in repurchase price: price differences
under repos), and
(b)
section 605 (deemed increase in repurchase price: other income tax
purposes).
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(5)
In this section “modifications” includes exceptions and omissions.
(6)
Accordingly, the power in subsection (1) includes power to provide for any of
sections 607 to 610 not to apply in relation to the case mentioned in that
subsection.
Chapter 6
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Powers to modify repo provisions
612
Non-standard repo cases
(1)
The Treasury may by regulations provide for—

Income Tax Bill
Part 11 — Manufactured payments and repos
Chapter 6 — Powers to modify repo provisions
319

(a)
sections 601 to 606 (deemed manufactured payments: repos),
(b)
sections 607 to 610 (treatment of price differences under repos), or
(c)
any of those sections,

to apply with modifications in relation to non-standard repo cases.
(2)
A case is a non-standard repo case if—
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(a)
there is a repo in respect of securities,
(b)
under the repo, there has been a sale (“the original sale”) of the
securities by the original owner to the interim holder, and
(c)
any of conditions A to E is met in relation to the repo.
(3)
Condition A is that—
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(a)
the obligation to buy back the securities is not performed, or
(b)
the option to buy them back is not exercised.
(4)
Condition B is that provision is made by or under an agreement for different or
additional UK shares, UK securities or overseas securities to be treated as (or
as included with) representative securities.
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(5)
Condition C is that provision is made by or under an agreement for any UK
shares, UK securities or overseas securities to be treated as not included with
representative securities.
(6)
Condition D is that provision is made by or under an agreement for the sale
price or repurchase price to be decided or varied wholly or partly by reference
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to post-agreement fluctuations.
(7)
Condition E is that provision is made by or under an agreement for a person to
be required, in a case where there are post-agreement fluctuations, to make a
payment in the period—
(a)
beginning immediately after the making of the agreement for the
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original sale, and
(b)
ending when the repurchase price becomes due.
(8)
“Post-agreement fluctuations” are fluctuations in the value of —
(a)
securities transferred in pursuance of the original sale, or
(b)
representative securities,
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which occur in the period after the making of the agreement for the original
sale.
(9)
“Representative securities” are UK shares, UK securities or overseas securities
which, for the purposes of the repurchase, are to represent securities
transferred in pursuance of the original sale.
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613
Redemption arrangements
(1)
The Treasury may by regulations provide for—
(a)
sections 601 to 606 (deemed manufactured payments: repos),
(b)
sections 607 to 610 (treatment of price differences under repos), or
(c)
any of those sections,
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to apply with modifications in relation to cases involving redemption
arrangements.
(2)
A case involves redemption arrangements if—

Income Tax Bill
Part 12 — Tax avoidance
Chapter 1 — Transactions in securities
320

(a)
arrangements, corresponding to those made in cases where there is a
repo, are made by an agreement, or one or more related agreements, in
relation to securities that are to be redeemed in the period after their
sale,
(b)
the securities are UK shares, UK securities or overseas securities, and
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(c)
the arrangements are such that the seller or a person connected with the
seller (instead of being required to repurchase the securities or
acquiring an option to do so) is granted rights in respect of the benefits
that will result from the redemption.
614
Sections 612 and 613: supplementary
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(1)
Regulations under section 612 or 613 may make different provision for
different cases.
(2)
Regulations under either section may contain incidental, supplemental,
consequential and transitional provision and savings.
(3)
The incidental, supplemental and consequential provision may, in the case of
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regulations about sections 607 to 610, include modifications of—
(a)
section 604 (deemed increase in repurchase price: price differences
under repos), and
(b)
section 605 (deemed increase in repurchase price: other income tax
purposes).
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(4)
In this section and sections 612 and 613 “modifications” includes exceptions
and omissions.
(5)
Accordingly, a power in sections 612 and 613 to provide for a provision to
apply with modifications in relation to a particular case includes power to
provide for the provision not to apply in relation to that case.
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Part 12
Tax avoidance
Chapter 1
Transactions in securities
Introduction
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615
Overview of Chapter
(1)
This Chapter makes provision for counteracting income tax advantages
obtained or obtainable by persons to whom section 617 applies in respect of a
transaction or transactions in securities.
(2)
See section 631 (counteraction notices) for the way in which the income tax
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advantages may be counteracted.
616
Meaning of “income tax advantage”
(1)
In this Chapter “income tax advantage” means—
(a)
a relief from income tax or increased relief from income tax,

Income Tax Bill
Part 12 — Tax avoidance
Chapter 1 — Transactions in securities
321

(b)
a repayment of income tax or increased repayment of income tax,
(c)
the avoidance or reduction of a charge to income tax or an assessment
to income tax, or
(d)
the avoidance of a possible assessment to income tax.
(2)
For the purposes of subsection (1)(c) and (d) it does not matter whether the
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avoidance or reduction is effected—
(a)
by receipts accruing in such a way that the recipient does not pay or
bear income tax on them, or
(b)
by a deduction in calculating profits or gains.
(3)
In this section “relief from income tax” includes a tax credit.
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Person liable to counteraction of income tax advantages
617
Person liable to counteraction of income tax advantage
(1)
This section applies to a person in respect of a transaction in securities or two
or more such transactions if the person is in a position to obtain or has obtained
an income tax advantage—
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(a)
in circumstances where any of the provisions specified in subsection (2)
applies in relation to the person, and
(b)
in consequence of—
(i)
the transaction, or
(ii)
the combined effect of the transactions.
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(2)
The provisions are—
section 619 (abnormal dividends used for exemptions or reliefs
(circumstance A)),
section 620 (deductions from profits obtained following distribution or
dealings (circumstance B)),
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section 621 (receipt of consideration representing company’s assets,
future receipts or trading stock (circumstance C)),
section 622 (receipt of consideration in connection with relevant company
distribution (circumstance D)), and
section 623 (receipt of assets of relevant company (circumstance E)).
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(3)
For the purposes of this Chapter an income tax advantage is treated as obtained
or obtainable by a person in consequence of—
(a)
a transaction in securities, or
(b)
the combined effect of two or more such transactions,

if it is obtained or obtainable by the person in consequence of the combined
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effect of the transaction or transactions and the liquidation of a company.
(4)
This section is subject to—
section 618 (exception where no tax avoidance object shown),
section 629(3) (disapplication of this section where person receiving
preliminary notification that this section may apply makes a statutory
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declaration and the relevant officer of Revenue and Customs sees no
reason to take further action), and
section 630(5) (determination by tribunal that there is no prima facie case
that this section applies).