C1Part 15Deduction of income tax at source

Annotations:
Modifications etc. (not altering text)
C1

Pt. 15 modified (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), ss. 551(4), 1329(1) (with Pts. 1, 2, Sch. 2 para. 78)

Chapter 3Deduction from certain payments of yearly interest

Exceptions from duty to deduct

886Interest paid by recognised clearing houses etc

1

The duty to deduct a sum representing income tax under section 874 does not apply to a payment of interest made by a F2relevant entity if—

a

the F3relevant entity is carrying on business as the provider of a central counterparty clearing service, and

b

the interest is paid in the ordinary course of that business, on margin or other collateral deposited with it by users of the service.

2

The duty to deduct a sum representing income tax under section 874 does not apply to interest treated by virtue of section 607 (treatment of price differences under repos)F1 , or paragraph 5 of Schedule 13 to FA 2007 (relief for borrower for finance charges in case of debtor repos and debtor quasi-repos), as paid by F4a relevant entity in respect of contracts made by it as the provider of a central counterparty clearing service.

3

In this section—

  • central counterparty clearing service” means the service provided by F5a relevant entity to the parties to a transaction where there are contracts between each of the parties and F5the relevant entity (in place of, or as an alternative to, a contract directly between the parties), and

  • F7“relevant entity”, means any of the following (as defined for the purposes of FISMA 2000 by section 285 of that Act)—

    1. a

      a recognised clearing house;

    2. b

      a recognised investment exchange;

    3. c

      an EEA central counterparty;

    4. d

      a third country central counterparty.

  • F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .