Relief not available where bond-holder acquires control of underlying assetU.K.
3(1)Paragraph 2 does not apply if control of the underlying asset is acquired by—U.K.
(a)a bond-holder, or
(b)a group of connected bond-holders.
(2)A bond-holder (“BH”), or a group of connected bond-holders, acquires control of the underlying asset if—
(a)the rights of bond-holders under an alternative finance investment bond include the right of management and control of the bond assets, and
(b)BH, or the group, acquires sufficient rights to enable BH, or the members of the group acting jointly, to exercise the right of management and control of the bond assets to the exclusion of any other bond-holders.
4(1)But paragraph 3(1) does not apply (and, accordingly, [F1section 564S of ITA 2007] applies by virtue of paragraph 2) in either of the following cases.U.K.
(2)The first case is where—
(a)at the time that the rights were acquired BH (or all of the connected bond-holders) did not know and had no reason to suspect that the acquisition enabled the exercise of the right of management and control of the bond assets to the exclusion of other bond-holders, and
(b)as soon as reasonably practicable after BH (or any of the bond-holders) becomes aware that the acquisition enables that exercise, BH transfers (or some or all of the bond-holders transfer) sufficient rights for that exercise no longer to be possible.
(3)The second case is where BH—
(a)underwrites a public offer of rights under the bond, and
(b)does not exercise the right of management and control of the bond assets.
(4)In this paragraph—
“connected” is to be read in accordance with [F2section 1122 of CTA 2010], and
“underwrite”, in relation to an offer of rights under a bond, means to agree to make payments of capital under the bond in the event that other persons do not make those payments.
Textual Amendments
F1Words in Sch. 61 para. 4(1) substituted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 8 para. 229(4) (with Sch. 9 paras. 1-9, 22)
F2Words in Sch. 61 para. 4(4) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 724(2) (with Sch. 2)