Part 23Company distributions

Chapter 2Matters which are distributions

Exceptions to section 1008

1009Securities reflecting dividends on certain shares etc: exclusion of section 1008

(1)

Section 1008 does not apply in relation to a security issued by a company (“the issuing company”) if—

(a)

the security reflects to a significant extent dividends or other distributions in respect of, or fluctuations in the value of, shares, and

(b)

those shares are in one or more companies each of which is the issuing company or an associated company of the issuing company.

(2)

Subsection (1) does not prevent section 1008 from applying in relation to a security if—

(a)

the issuing company is a bank or securities house,

(b)

the issuing company issues the security in the ordinary course of its business, and

(c)

the security reflects dividends or other distributions in respect of the shares mentioned in subsection (1), or fluctuations in the value of those shares, only because it reflects fluctuations in a qualifying index.

(3)

In this section—

“bank” has the meaning given by section 1120, and

“securities house” means a person—

(a)

who is authorised for the purposes of FISMA 2000, and

(b)

whose business consists wholly or mainly of dealing as principal in financial instruments within the meaning of section 984 of ITA 2007.