Finance Act 2007, Paragraph 13 is up to date with all changes known to be in force on or before 03 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
13(1)For paragraph 12 of Schedule 7AC substitute—U.K.
“12(1)This paragraph applies where—
(a)a company (“the borrower”) which holds shares in another company sells the shares under an arrangement by reference to which the borrower has a debtor repo, and
(b)by virtue of paragraph 6 of Schedule 13 to the Finance Act 2007 (sale and repurchase of securities) the sale is ignored for the purposes of corporation tax in respect of chargeable gains.
(2)For the period for which the arrangement is in force—
(a)the borrower shall be treated for the purposes of this Part as continuing to hold the shares and accordingly as retaining its entitlement to any rights attaching to them, and
(b)the lender shall be treated for those purposes as not holding the shares and as not becoming entitled to any such rights.
This is subject to the following qualification.
(3)If at any time before the end of that period the borrower, or another member of the same group as the borrower, becomes the holder—
(a)of any of the shares, or
(b)of any shares directly or indirectly representing any of them,
sub-paragraph (2) does not apply after that time in relation to those shares or, as the case may be, the shares represented by them.
(4)Expressions used in this paragraph and in Schedule 13 to the Finance Act 2007 have the same meaning in this paragraph as in that Schedule.”
Commencement Information
I1Sch. 14 para. 13 in force at 1.10.2007 for the purposes of the amendments made by that paragraph, with effect in relation to an arrangement that comes into force on or after 1.10.2007 by S.I. 2007/2483, art. 3
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