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Finance Act 2003

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Changes and effects yet to be applied to Schedule 38 Crossheading Provisions-to-cover-both-put-and-call-options:

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This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

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Provisions to cover both “put” and “call” optionsE+W+S+N.I.

4In section 727A(1) of the Taxes Act 1988 (accrued income scheme not to apply to transfers of securities under repo agreements), for the words from “and under” to the end of paragraph (b) substitute and the transferor or a person connected with him— E+W+S+N.I.

(a)is required to buy them back in pursuance of an obligation imposed by, or in consequence of the exercise of an option acquired under, that agreement or any related agreement, or

(b)acquires an option to buy them back under that agreement or any related agreement which he subsequently exercises,.

5In section 730A(1) of the Taxes Act 1988 (treatment of price differential on sale and repurchase of securities), for paragraph (b) substitute—E+W+S+N.I.

(b)the original owner or a person connected with him—

(i)is required to buy them back in pursuance of an obligation imposed by, or in consequence of the exercise of an option acquired under, that agreement or any related agreement, or

(ii)acquires an option to buy them back under that agreement or any related agreement which he subsequently exercises; and.

6In section 731(2D) of the Taxes Act 1988 (provisions about purchase and sale of securities not to apply to repo agreements etc) for the words from “and, in” to “is entitled” in paragraph (c) substitute and the original owner— E+W+S+N.I.

(a)is required to buy them back in pursuance of an obligation imposed by, or in consequence of the exercise of an option acquired under, that agreement or any related agreement,

(b)acquires an option to buy them back under that agreement or any related agreement which he subsequently exercises, or

(c)under that agreement or any related agreement, is entitled.

7In section 737A(1) of the Taxes Act 1988 (deemed manufactured payments), for the words from “and under” to the end of paragraph (b) substitute and the transferor or a person connected with him— E+W+S+N.I.

(a)is required to buy them back in pursuance of an obligation imposed by, or in consequence of the exercise of an option acquired under, that agreement or any related agreement, or

(b)acquires an option to buy them back under that agreement or any related agreement which he subsequently exercises;.

8In section 737E(8) of the Taxes Act 1988 (power to modify provisions about repo arrangements), for paragraph (b) substitute—E+W+S+N.I.

(b)that person or a person connected with him—

(i)is required to buy them back in pursuance of an obligation imposed by, or in consequence of the exercise of an option acquired under, that agreement or any related agreement, or

(ii)acquires an option to buy them back under that agreement or any related agreement which he subsequently exercises..

9In paragraph 12(4) of Schedule 7AC to the Taxation of Chargeable Gains Act 1992 (c. 12) (exemptions for disposals by companies with substantial shareholding: effect of repurchase agreement), for paragraph (b) substitute—E+W+S+N.I.

(b)the original owner or a person connected with him—

(i)is required to buy them back in pursuance of an obligation imposed by, or in consequence of the exercise of an option acquired under, that agreement or any related agreement, or

(ii)acquires an option to buy them back under that agreement or any related agreement which he subsequently exercises..

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