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3. The following are specified exclusions from the meaning of “financial instrument” for the purposes of section 259N(3)(b) of the Taxation (International and Other Provisions) Act 2010—
(a)Additional Tier 1 instruments,
(b)Tier 2 instruments,
(c)an item listed in point (a)(iii) or (b) of Article 69 of CDR which is a Tier 1 item under—
(i)Article 69 or 79 of CDR, or
(ii)rule 4.1 in the Annex to the Transitional Instrument,
(d)an item listed in point (a)(iii) or (b) of Article 72 of CDR which is a Tier 2 item under—
(i)Article 72 or 79 of CDR, or
(ii)rule 4.2 in the Annex to the Transitional Instrument, or
(e)own funds and eligible liabilities which are not excluded under article 123(4) of the Bank Recovery and Resolution (No. 2) Order 2014(1).
S.I. 2014/3348, amended by S.I. 2016/1239; there are other amending instruments but none is relevant.
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