Statutory Instruments
2003 No. 2172
INCOME TAX
The Finance Act 1995, Section 127(12) (Designated Transactions) Regulations 2003
Made
21st August 2003
Laid before the House of Commons
22nd August 2003
Coming into force
12th September 2003
The Treasury, in exercise of the powers conferred upon then by section 127(12)(c) of the Finance Act 1995( 1 ), make the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Finance Act 1995, Section 127(12) (Designated Transactions) Regulations 2003 and shall come into force on 12th September 2003.
Designated transaction
2. —(1) In this regulation “section 127(12)” means section 127(12) of the Finance Act 1995 (meaning of “investment transaction” for the purposes of determining whether person capable of being the UK representative of a non-resident taxpayer).
(2) For the purposes of section 127(12) a transaction falling within paragraph (3) is designated.
(3) A transaction falls within this paragraph if it is a contract, not otherwise falling within section 127(12), whose terms—
(a) provide that—
(i) after setting off their obligations to each other under the contract, a cash payment is to be made by one party to the other in respect of the excess, if any, or
(ii) each party is liable to make to the other party one or more cash payments in respect of that party’s obligations to the other under the contract, and
(b) do not provide for the delivery of any property other than currency.
This is subject to the following qualification.
(4) A transaction does not fall within paragraph (3) if it is—
(a) a contract which relates to land;
(b) a contract of insurance; or
(c) a contract effected in the course of capital redemption business within the meaning of section 458 of the Income and Corporation Taxes Act 1988( 2 ).
Joan Ryan
Jim Murph
Two of the Lords Commissioners of Her Majesty’s Treasury
21st August 2003