PART XVII TAX AVOIDANCE
CHAPTER II TRANSFERS OF SECURITIES
Transfers with or without accrued interest: supplemental
C1C2C3726AF1New issues of securities.
1
This section applies where—
a
securities (old securities) of a particular kind are issued by way of the original issue of securities of that kind,
b
on a later occasion securities (new securities) of the same kind are issued,
c
a sum (the extra return) is payable in respect of the new securities, by the person issuing them, to reflect the fact that interest is accruing on the old securities,
d
the issue price of the new securities includes an element (whether or not separately identified) representing payment for the extra return, and
e
the extra return is equal to the amount of interest payable for the relevant period on so many old securities as there are new (or, if there are more new securities than old, the amount of interest which would be so payable if there were as many old securities as new).
2
For the purposes of sections 710 to 728—
a
the new securities shall be treated as having been issued on the relevant day;
b
they shall be treated as transferred to the person to whom they are in fact issued (though not treated as transferred by any person);
c
the transfer shall be treated as a transfer with accrued interest and as made on the day on which the new securities are in fact issued;
d
that day shall be treated as the settlement day (notwithstanding section 712);
but this subsection is subject to subsection (7) below.
3
If the new securities are in fact issued under an arrangement by virtue of which the acquirer accounts to the issuer separately for the extra return mentioned in subsection (1) above and the rest of the issue price, in relation to the transfer mentioned in subsection (2)(b) above—
a
section 713(4) shall not apply, and
b
for the purposes of section 713(2) the accrued amount shall be the amount found under subsection (4) or (5) below (as the case may be);
and here “the acquirer” means the person to whom the new securities are in fact issued and “the issuer” means the person by whom they are in fact issued.
4
Subject to subsection (5) below, the amount is one equal to the amount (if any) of the extra return separately accounted for.
5
If the interest on the new securities is payable in a currency other than sterling, the amount is the sterling equivalent on the settlement day of the amount found under subsection (4) above; and for this purpose the sterling equivalent of an amount on the settlement day is the sterling equivalent calculated by reference to the London closing rate of exchange for that day.
6
If the new securities are in fact issued otherwise than as mentioned in subsection (3) above, section 713(4)(b) shall apply in relation to the transfer mentioned in subsection (2)(b) above.
7
If the new securities are securities to which section 717 applies (after applying subsection (2)(a) above) subsection (2)(b) to (d) above shall not apply.
8
For the purposes of this section the relevant period is the period beginning with the day following the relevant day and ending with the day on which the new securities are in fact issued.
9
For the purposes of this section the relevant day is—
a
the last (or only) interest payment day to fall in respect of the old securities before the day on which the new securities are in fact issued, or
b
the day on which the old securities were issued, in a case where no interest payment day fell in respect of them before the day on which the new securities are in fact issued.