Income Tax Act 2007

598 Cash collateral under stock lending arrangements: supplementary

(1) This section supplements section 597.

(2) The interest which the borrower is treated as receiving under section 597 is charged to income tax under Chapter 2 of Part 4 of ITTOIA 2005 (interest).

(3) The fact that the borrower is treated as receiving an amount of interest under section 597 does not imply that the interest is payable by the lender or any other person.

(4) For the purposes of section 597—

(a) any reference in that section to the transfer of securities back has the same meaning as the reference in section 568(1)(d) (see subsections (2) to (6) of section 568), but

(b) if it becomes apparent that the borrower will not comply with the requirement to transfer any securities back, the borrower is treated as transferring them back on the date on which it becomes so apparent.

(5) For the purposes of section 597 it does not matter—

(a) whether the cash collateral is payable by the borrower or by any other person,

(b) whether the cash collateral is payable under the stock lending arrangement or under any other arrangement, or

(c) whether collateral in another form is also provided in connection with the stock lending arrangement.

(6) See section 599—

(a) for provision treating some arrangements as stock lending arrangements for the purposes of section 597 and this section, and

(b) for provision treating some amounts as cash collateral for those purposes.