Finance Act 1986

[F197A Clearance services: election for alternative system of charge.U.K.

(1)A person whose business is or includes the provision of clearance services for the purchase and sale of chargeable securities or relevant securities (an “operator”) may, with the approval of the Board, elect that stamp duty and stamp duty reserve tax shall be chargeable in accordance with this section in connection with those clearance services.

(2)An election under subsection (1) above—

(a)shall come into force on such date as may be notified to the operator by the Board in giving their approval; and

(b)shall continue in force unless and until it is terminated in accordance with the following provisions of this section.

(3)If and so long as an election under subsection (1) above is in force, stamp duty or stamp duty reserve tax (as the case may require) shall, in connection with the clearance services to which the election relates, be chargeable in relation to—

(a)a transfer or issue falling within section 70(1) or 96(1) above,

(b)an agreement falling within section 90(4) above by virtue of section 96(1) above, or

(c)an agreement falling within section 90(5) above,

as it would be chargeable apart from sections 70, 90(4) and (5) and 96 above.

(4)Where stamp duty or stamp duty reserve tax is chargeable by virtue of subsection (3) above in relation to a transfer, issue or agreement, sections 70, 90(4) and (5) and 96 above shall not have effect in relation to that transfer, issue or agreement.

(5)Nothing in subsection (3) or (4) above affects the application of section 70 or 96 above in relation to a transfer falling within section 70(1) or 96(1) above by the operator or his nominee to, or to a nominee of, another operator in relation to whom no election under subsection (1) above is for the time being in force.

(6)The Board may require the operator, as a condition of the approval of his election under subsection (1) above, to make and maintain such arrangements as they may consider satisfactory—

(a)for the collection of stamp duty reserve tax chargeable in accordance with this section, and

(b)for complying, or securing compliance, with the provisions of this Part and of regulations under section 98 below, so far as relating to such tax.

(7)Where the operator is not resident in the United Kingdom and has no branch or agency in the United Kingdom, the Board may require him, as a condition of the approval of his election under subsection (1) above, to appoint and, so long as the election remains in force, maintain a tax representative.

(8)A person shall not be an operator’s tax representative under this section unless that person—

(a)has a business establishment in the United Kingdom, and

(b)is approved by the Board.

(9)A person who is at any time an operator’s tax representative under this section—

(a)shall be entitled to act on the operator’s behalf for the purposes of stamp duty and stamp duty reserve tax in connection with the clearance services to which the operator’s election under subsection (1) above relates,

(b)shall secure (where appropriate by acting on the operator’s behalf) the operator’s compliance with and discharge of the obligations and liabilities to which the operator is subject, in connection with the clearance services to which the operator’s election under subsection (1) above relates, by virtue of legislation relating to stamp duty or stamp duty reserve tax (including obligations and liabilities arising before he became the operator’s tax representative), and

(c)shall be personally liable in respect of any failure to secure the operator’s compliance with or discharge of any such obligation or liability, and in respect of anything done for purposes connected with acting on the operator’s behalf,

as if the obligations and liabilities imposed on the operator were imposed jointly and severally on the tax representative and the operator.

(10)An election under subsection (1) above may be terminated—

(a)by not less than thirty days’ notice given by the operator to the Board or by the Board to the operator; or

(b)if there is or has been a breach of a condition of the approval of the election imposed by virtue of subsection (6) or (7) above, by a notice—

(i)given by the Board to the operator,

(ii)taking effect on the giving of the notice or at such later time as may be specified in the notice, and

(iii)stating that it is given by reason of the breach of condition.

(11)Where an election under subsection (1) above is terminated, section 96 above shall have effect as if chargeable securities of the same amounts and kinds as are, immediately before the termination, held by the operator or his nominee in connection with the provision of the clearance services, had, immediately after the termination, been transferred to the operator or, as the case may be, to the nominee by a transfer falling within subsection (1) of that section.

(12)In this section “relevant securities” has the same meaning as in section 70 above.

[F2(13)Nothing in section 70(9) or 97(1) above has effect to prevent a charge to stamp duty or stamp duty reserve tax arising—

(a)on a transfer to which subsection (5) above applies, or

(b)on a deemed transfer under subsection (11) above.]]