Finance Act 2003

202Deduction of tax from interest: recognised clearing houses etc

(1)Section 349 of the Taxes Act 1988 (payment of annual interest etc) is amended as follows.

(2)In subsection (3) (cases where obligation to make interest payments net of tax does not apply), at the end insert or—

(j)to interest paid by a recognised clearing house or recognised investment exchange carrying on business as provider of a central counterparty clearing service, in the ordinary course of that business, on margin or other collateral deposited with it by users of the service; or

(k)to interest treated by virtue of section 730A(2)(a) or (b) (repos) as paid by a recognised clearing house or recognised investment exchange in respect of contracts made by it as provider of a central counterparty clearing service..

(3)In subsection (6) (definitions), at the appropriate places insert—

“central counterparty clearing service” means the service provided by a clearing house or investment exchange to the parties to a transaction where there are contracts between each of the parties and the clearing house or investment exchange (in place of, or as an alternative to, a contract directly between the parties);;

“recognised clearing house” and “recognised investment exchange” have the same meaning as in the Financial Services and Markets Act 2000 (see section 285 of that Act);.

(4)This section applies in relation to payments of interest on or after 14th April 2003.