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Stock lending arrangements - changes to tax charges

Legislation will be introduced next year to relieve the tax charges that might otherwise arise on persons who have entered into stock lending arrangements with a financial institution which subsequently becomes insolvent.

The changes apply where the borrower becomes insolvent, or to sale and repurchase arrangements ('repos') where the purchaser becomes insolvent, from 1 September 2008. Consequently, and importantly, they will cover stock lending arrangements entered into with Lehman Brothers.

Legislation will be introduced in Finance Bill 2009 to disapply the rule that treats the non-return of borrowed securities as a disposal by the lender for the purposes of tax on chargeable gains (both for individuals and companies), provided that the lender uses collateral provided by the borrower to acquire replacement securities of the same kind in the market.

The Finance Bill will also contain a provision removing, retrospectively, the stamp duty or Stamp Duty Reserve Tax charge where the lender in a stock lending arrangement, or repo counterparty, uses collateral provided by the borrower (who has since become insolvent) to buy replacement securities of the same kind.

Our view
The proposed exemptions represent a welcome clarification in relation to the non-return of stock and collateral, and are a sensible and proportionate response to the issues faced by those required to re-align their portfolios, as highlighted in particular by the collapse of Lehman Brothers in mid September this year.