Part 17Manufactured payments and repos

Chapter 5Stock lending arrangements and repos

Tax credits: stock lending arrangements and repos

809No tax credits for lender under creditor repo or creditor quasi-repo

1

This section applies if—

a

there is a creditor repo or creditor quasi-repo in respect of UK shares,

b

a qualifying distribution is made to the lender under the repo or quasi-repo,

c

the qualifying distribution is, or is a payment representative of, a dividend in respect of the UK shares, and

d

a manufactured dividend representative of the dividend is paid by the lender under the repo or quasi-repo in respect of any UK shares to which the repo or quasi-repo relates.

2

The lender under the repo or quasi-repo is not entitled to a tax credit under section 1109 (tax credits for certain recipients of exempt qualifying distributions) in respect of the distribution.

3

For the purposes of this section a person is taken to have paid a manufactured dividend representative of a dividend in respect of UK shares to which a creditor repo relates if—

a

the person is treated for the purposes of Chapter 9 of Part 15 of ITA 2007 (deduction of income tax at source: manufactured payments) as making a payment which is representative of the income payable on the shares, and

b

the person is so treated as a result of section 925A(2) of ITA 2007 (requirements to deduct tax from manufactured payments: creditor repos).