The Finance Act 1995, Section 127(12) (Designated Transactions) Regulations 2003

Designated transaction

2.—(1) In this regulation “section 127(12)” means section 127(12) of the Finance Act 1995 (meaning of “investment transaction” for the purposes of determining whether person capable of being the UK representative of a non-resident taxpayer).

(2) For the purposes of section 127(12) a transaction falling within paragraph (3) is designated.

(3) A transaction falls within this paragraph if it is a contract, not otherwise falling within section 127(12), whose terms—

(a) provide that—

(i) after setting off their obligations to each other under the contract, a cash payment is to be made by one party to the other in respect of the excess, if any, or

(ii) each party is liable to make to the other party one or more cash payments in respect of that party’s obligations to the other under the contract, and

(b) do not provide for the delivery of any property other than currency.

This is subject to the following qualification.

(4) A transaction does not fall within paragraph (3) if it is—

(a) a contract which relates to land;

(b) a contract of insurance; or

(c) a contract effected in the course of capital redemption business within the meaning of section 458 of the Income and Corporation Taxes Act 1988(1).

(1)

1988 c. 1.Relevant amendments to section 458 were made by Schedule 33 to the Finance Act 1996, and article 31 of S.I. 2001/3629.