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ISA Bulletin 55

The ISA Bulletin keeps ISA managers informed of any new developments relating to the ISA scheme. Please ensure the appropriate people in your organisation read it.

We suggest that you keep Bulletins at the front of your copy of the Guidance Notes for ISA Managers.

 

This Bulletin contains articles on
  • ISA qualifying investments
  • EEA passport rights and approval to offer ISA

 

Enquiries on this bulletin should be addressed to

e-mail: savings.audit@hmrc.gsi.gov.uk

ISA qualifying investments

ISA Bulletin 54 explained that company shares traded on any market of a recognised stock exchange in the EEA can be included within a stocks and shares ISA from 5 August 2013.

This Bulletin addresses a number of enquiries.

Which markets qualify

Shares must be company shares admitted to trading on a recognised stock exchange (RSE) within the EEA.

The table available via the link below shows the current list of RSEs. Since 5 August, company shares traded on those markets on which securities do not meet the HMRC definition of 'listed' will now qualify for investment in an ISA, provided the relevant RSE is within the EEA: www.hmrc.gov.uk/fid/table1-rse.pdf

The change does not affect the ISA eligibility of company shares 'listed' on a RSE.

Interaction with other reliefs

Company shares which became newly eligible for ISA inclusion as a result of this change will remain eligible for the Enterprise Investment Scheme (EIS), the Venture Capital Trust (VCT) scheme, and Inheritance Tax Business Property Relief (BPR).

However, if an investor already holds company shares which are traded on a newly qualifying market these cannot simply be moved into an ISA.

If an investor sells an investment that currently qualifies for EIS, VCT or BPR, and their ISA manager uses the proceeds to purchase a replacement holding of the same shares for investment in an ISA, the effect would be that:

  • for EIS, the sale of the original holding will be a disposal for the purpose of the provisions for withdrawal of EIS Income Tax reliefs. The new holding will qualify for EIS relief only if it is new shares in a qualifying company
  • for VCT, the sale of the original holding will be a disposal for the purpose of the provisions for the recovery of VCT tax reliefs. The new holding will qualify only for dividend relief and Capital Gains Tax exemptions under the VCT rules
  • for BPR, there would be two ownership periods, one for the original holding and one for the 'new' holding in the ISA wrapper. Provided the combined ownership period was more than two years, BPR would be available on the replacement holding.

The use of depository interests on London Stock Exchange markets

UK regulation requires securities to be electronically settled (in CREST). For companies registered outside the UK, this is achieved through a depositary interest (DI) mechanism. The DI is effectively an electronic 'wrapper' around the ordinary share, to facilitate securities to be held electronically rather than in paper form. A company applies for DIs representing ordinary shares to be admitted to CREST with effect from its admission to the market.

So when checking the status of international shares on the London Stock Exchange's markets for ISA qualification purposes, whether officially listed or otherwise admitted to trading, the descriptor will state the listed/trading instrument e.g. ordinary shares. Reference to 'DI' in the descriptor simply confirms that the shares are settled electronically through CREST using the depository interest mechanism, and will not have any bearing on eligibility for investment in an ISA.

EEA passport rights and approval to offer ISA

Special ISA rules apply where a firm does not intend to carry out all of its functions as an ISA manager from a UK branch or business establishment.

The Government proposes to amend the ISA Regulations shortly to allow:

  • non-UK based undertakings pursuing the activity of direct insurance; and
  • non-UK based UCITS management companies

to qualify for HMRC approval as an ISA manager. Any such approval will depend upon the undertaking being an EEA firm for the purposes of paragraph 5(d) or 5(f) of Schedule 3 (EEA Passport Rights) to the Financial Services and Markets Act (FISMA).

The Government intends that these changes will have effect so that, subject to making a successful application to become an ISA manager when the regulations are amended, non-UK based UCITS management companies and insurance providers with the appropriate passporting rights will be able to have their approval as an ISA manager backdated.

Non-UK based UCITS management companies and insurance providers proposing to commence ISA business from the date of this Bulletin, but before the changes to the ISA regulations are made, should contact HMRC in advance.


ISA Bulletin, 14/08/2013
Crown Copyright material is reproduced by permission of the Controller of Her Majesty's Stationery Office.