Chapter 3U.K.Tax credits: stock lending arrangements and repos
Stock lending arrangementsU.K.
592No tax credits for borrower under stock lending arrangementU.K.
(1)This section applies if—
(a)there is a stock lending arrangement in respect of UK shares, [F1or overseas shares,]
(b)a qualifying distribution is made to the person who is the borrower under the arrangement,
(c)the qualifying distribution is, or is a payment representative of, a dividend in respect of the F2... shares, and
(d)a manufactured dividend [F3or manufactured overseas dividend] representative of the dividend is paid by the borrower in respect of any UK shares [F4or overseas shares] in respect of which the arrangement is made.
(2)The borrower is not entitled to a tax credit under section 397(1) [F5or 397A(2)] of ITTOIA 2005 (tax credits for qualifying distributions) in respect of the distribution.
(3)If the borrower is UK resident, section 399(2) of ITTOIA 2005 (recipients of qualifying distributions treated as having paid income tax at dividend ordinary rate on them) does not apply in respect of the distribution.
Textual Amendments
F1Words in s. 592(1)(a) inserted (21.7.2008 with effect in accordance with s. 34(2) of the amending Act) by Finance Act 2008 (c. 9), Sch. 12 para. 27(2)(a)
F2Word in s. 592(1)(c) omitted (21.7.2008 with effect in accordance with s. 34(2) of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 12 para. 27(2)(b)
F3Words in s. 592(1)(d) inserted (21.7.2008 with effect in accordance with s. 34(2) of the amending Act) by Finance Act 2008 (c. 9), Sch. 12 para. 27(2)(c)(i)
F4Words in s. 592(1)(d) inserted (21.7.2008 with effect in accordance with s. 34(2) of the amending Act) by Finance Act 2008 (c. 9), Sch. 12 para. 27(2)(c)(ii)
F5Words in s. 592(2) inserted (21.7.2008 with effect in accordance with s. 34(2) of the amending Act) by Finance Act 2008 (c. 9), Sch. 12 para. 27(3)
ReposU.K.
593No tax credits for interim holder under repoU.K.
(1)This section applies if—
(a)there is a repo in respect of UK shares [F6or overseas shares] ,
(b)under the repo, the original owner has transferred the F7... shares to the interim holder,
(c)a qualifying distribution is made to the interim holder,
(d)the qualifying distribution is, or is a payment representative of, a dividend in respect of the F8... shares, and
(e)a manufactured dividend [F9or manufactured overseas dividend] representative of the dividend is paid by the interim holder in respect of any UK shares [F10or overseas shares] in respect of which the repo is made.
(2)The interim holder is not entitled to a tax credit under section 397(1) [F11or 397A(2)] of ITTOIA 2005 (tax credits for qualifying distributions) in respect of the distribution.
(3)If the interim holder is UK resident, section 399(2) of ITTOIA 2005 (recipients of qualifying distributions treated as having paid income tax at dividend ordinary rate on them) does not apply in respect of the distribution.
Textual Amendments
F6Words in s. 593(1)(a) inserted (21.7.2008 with effect in accordance with s. 34(2) of the amending Act) by Finance Act 2008 (c. 9), Sch. 12 para. 28(2)(a)
F7Word in s. 593(1)(b) omitted (21.7.2008 with effect in accordance with s. 34(2) of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 12 para. 28(2)(b)
F8Word in s. 593(1)(d) omitted (21.7.2008 with effect in accordance with s. 34(2) of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 12 para. 28(2)(b)
F9Words in s. 593(1)(e) inserted (21.7.2008 with effect in accordance with s. 34(2) of the amending Act) by Finance Act 2008 (c. 9), Sch. 12 para. 28(2)(c)(i)
F10Words in s. 593(1)(e) inserted (21.7.2008 with effect in accordance with s. 34(2) of the amending Act) by Finance Act 2008 (c. 9), Sch. 12 para. 28(2)(c)(ii)
F11Words in s. 593(2) inserted (21.7.2008 with effect in accordance with s. 34(2) of the amending Act) by Finance Act 2008 (c. 9), Sch. 12 para. 28(3)
594No tax credits for original owner under repoU.K.
(1)This section applies if—
(a)there is a repo in respect of UK shares [F12or overseas shares] ,
(b)under the repo, the original owner has transferred the F13... shares to the interim holder,
(c)a qualifying distribution is made,
(d)the qualifying distribution is a manufactured dividend [F14or manufactured overseas dividend] paid under the repo in respect of the F15... shares by the interim holder to the original owner, and
(e)the repo is not such that the actual dividend which the manufactured dividend [F16or manufactured overseas dividend] represents is receivable by a person other than the original owner.
(2)The original owner is not entitled to a tax credit under section 397(1) [F17or 397A(2)] of ITTOIA 2005 (tax credits for qualifying distributions) in respect of the distribution.
(3)If the original owner is UK resident, section 399(2) of ITTOIA 2005 (recipients of qualifying distributions treated as having paid income tax at dividend ordinary rate on them) does not apply in respect of the distribution.
Textual Amendments
F12Words in s. 594(1)(a) inserted (21.7.2008 with effect in accordance with s. 34(2) of the amending Act) by Finance Act 2008 (c. 9), Sch. 12 para. 29(2)(a)
F13Word in s. 594(1)(b) omitted (21.7.2008 with effect in accordance with s. 34(2) of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 12 para. 29(2)(b)
F14Words in s. 594(1)(d) inserted (21.7.2008 with effect in accordance with s. 34(2) of the amending Act) by Finance Act 2008 (c. 9), Sch. 12 para. 29(2)(c)(i)
F15Word in s. 594(1)(d) omitted (21.7.2008 with effect in accordance with s. 34(2) of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 12 para. 29(2)(c)(ii)
F16Words in s. 594(1)(e) inserted (21.7.2008 with effect in accordance with s. 34(2) of the amending Act) by Finance Act 2008 (c. 9), Sch. 12 para. 29(2)(d)
F17Words in s. 594(2) inserted (21.7.2008 with effect in accordance with s. 34(2) of the amending Act) by Finance Act 2008 (c. 9), Sch. 12 para. 29(3)
InterpretationU.K.
595Meaning of “manufactured dividend”U.K.
In this Chapter “manufactured dividend” [F18and “manufactured overseas dividend” have] the same meaning as in Chapter 2 (see [F19sections 573(1)(a) and 581(1)(a)]).
Textual Amendments
F18Words in s. 595 substituted (21.7.2008 with effect in accordance with s. 34(2) of the amending Act) by Finance Act 2008 (c. 9), Sch. 12 para. 30(2)
F19Words in s. 595 substituted (21.7.2008 with effect in accordance with s. 34(2) of the amending Act) by Finance Act 2008 (c. 9), Sch. 12 para. 30(3)