[F195A Depositary receipts: exception for replacement securities.U.K.
(1)There shall be no charge to tax under section 93 above in respect of the transfer F2... or appropriation of chargeable securities (“the new securities”) issued by a company in place of existing securities of the same company (“the old securities”) if the following conditions are met.
(2)The first condition is that the old securities are held under a depositary receipt scheme.
(3)The second condition is that—
(a)there was a charge to tax under section 93 above in respect of the transfer F3... or appropriation—
(i)of the old securities, or
(ii)of earlier securities in relation to which on a previous application of this section those securities were the new securities,
or there would have been such a charge if that section had been in force; or
(b)there would have been such a charge but for section 95(2) F4... above.
(4)The third condition is that there is an arrangement under which—
(a)the new securities are transferred F5... or appropriated as mentioned in section 93(1)(b), and
(b)the old securities are cancelled.
(5)For the purposes of subsection (2) above the cases in which securities are held under a depositary receipt scheme are those specified (in relation to shares) in section 95(5) above.
(6)The exception provided by this section applies only to the extent that the value of the new securities immediately after their issue does not exceed the value of the old securities immediately before the issue of the new securities.]
Textual Amendments
F1S. 95A inserted (with application as mentioned in s. 118(5) of the amending Act) by Finance Act 1999 (c. 16), s. 118(1) (with s. 123(4))
F2Word in s. 95A(1) omitted (with effect in accordance with Sch. 11 para. 25 of the amending Act) by virtue of Finance Act 2024 (c. 3), Sch. 11 para. 10(a) (with Sch. 11 para. 26)
F3Word in s. 95A(3)(a) omitted (with effect in accordance with Sch. 11 para. 25 of the amending Act) by virtue of Finance Act 2024 (c. 3), Sch. 11 para. 10(b)(i) (with Sch. 11 para. 26)
F4Words in s. 95A(3)(b) omitted (with effect in accordance with Sch. 11 para. 25 of the amending Act) by virtue of Finance Act 2024 (c. 3), Sch. 11 para. 10(b)(ii) (with Sch. 11 para. 26)
F5Word in s. 95A(4)(a) omitted (with effect in accordance with Sch. 11 para. 25 of the amending Act) by virtue of Finance Act 2024 (c. 3), Sch. 11 para. 10(c) (with Sch. 11 para. 26)