PART XIIU.K. SPECIAL CLASSES OF COMPANIES AND BUSINESSES

CHAPTER IIIU.K. UNIT TRUST SCHEMES, DEALERS IN SECURITIES ETC.

Dealers in securities, banks and insurance businessesU.K.

474 Treatment of tax-free income.U.K.

(1)M1Where a banking business, an insurance business or a business consisting wholly or partly in dealing in securities is carried on in the United Kingdom by a person not resident there, then—

(a)in computing for any of the purposes of the Tax Acts the profits arising from, or loss sustained in, the business, F1. . .

(b)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

all interest, dividends and other payments whatsoever to which section 48 or 123(4) extends shall be included notwithstanding the exemption from tax conferred by those sections respectively.

(2)Where a banking business, an insurance business or a business consisting wholly or partly in dealing in securities—

(a)is carried on in the United Kingdom by a person not ordinarily resident there, and

(b)in making any such computation as is referred to in subsection (1) above with respect to that business, any interest on any securities issued by the Treasury is excluded by virtue of a condition of the issue thereof regulating the treatment of the interest on those securities for tax purposes,

then any expenses attributable to the acquisition or holding of, or to any transaction in, the securities (but not including in those expenses any interest on borrowed money), and any profits or losses so attributable, shall also be excluded in making that computation.

[F2(3)In this section any reference to insurance business includes a reference to insurance business of any category.]

Textual Amendments

F1S. 474(1)(b) and preceding word repealed (with effect in accordance with Sch. 8 para. 55 of the repealing Act) by Finance Act 1995 (c. 4), Sch. 8 para. 25(1)(a), Sch. 29 Pt. 8(5), Note 1

F2S. 474(3) inserted (with effect in accordance with Sch. 8 para. 55 of the amending Act) by Finance Act 1995 (c. 4), Sch. 8 para. 25(2)

Marginal Citations

M1Source—1970 s.328(1)(2); 1970(F) Sch.5 Part III 11(6)(f)