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HMRC internal manual

Stamp Taxes on Shares Manual

Collectives: exemptions: exempt investments - interests in other collective investment schemes - practicalities

As outlined in STSM105050, an investment in a Collective Investment Scheme is to be regarded as an exempt investment under FA86/S99(5B)(b) if, and only if, both:

  • The underlying scheme is a Collective Investment Scheme as defined in the Financial Services and Markets Act 2000 (FSMA);

and

  • the value of the underlying scheme’s non-exempt investments is no more than 20% of the value of its total investments.

Practicalities

Self-certification - fund managers will need to  sign the notice confirming that their investment are either exempt or non-exempt for FA 1999 Schedule 19 purposes. They can categorise investments meeting the above two conditions as exempt.

Cash - Which is held for the day-to-day management of a Collective Investment Scheme is not an investment (FA86/S99(5B)(d)) and therefore should not be included in any calculation of whether the 20% limit is met.

However, cash holdings which are regarded as investments can be included in the calculation. It is best practice to hold cash held for day-to-day management separately from any cash investments.

Evidence - Managers first need to satisfy themselves that the interests they hold are exempt. If they are unable to do this, then they must classify the interests as part of their non-exempt investments.

Upon any HM Revenue & Customs (HMRC) enquiry, a manager may be requested to provide evidence that the interest in the underlying scheme did indeed qualify as an exempt investment by meeting the two conditions outlined above.

Historic evidence may be used (although it should be as contempoeaneous as possible) as long as there is no indication that it has become unreliable or that circumstances have changed. As evidence ages, fund managers will have to be less confident over its reliability.

Acceptable evidence which may be viewed as providing a reasonable basis for deciding that an investment is exempt, and as acceptable evidence to HMRC, might include the following:

  • The underlying scheme is listed by a reliable source which indicates that it fulfils the above two conditions. For example, inclusion in a sector classification scheme such as the Investment Management Association sectors, or sectors provided by commercial data providers, where individual sector definitions would require a fund to have no more than 20% of its holdings in non-exempt investments;
  • Information about the composition of a scheme from the investment policy laid down in a scheme’s rules or instrument of incorporation; or
  • Other reliable sources of information such as the underlying scheme’s accounts, a fund’s factsheet, or information from the custodian or administrator.
  • Calculation and market value - there is guidance on calculating values for ‘N’ and ‘E’ (as required by paragraph 5 of Schedule 19) at STSM104060 and STSM104070. This guidance should be followed, with fund managers needing to determine what is exempt (or not) at the date of any valuation used in that calculation. The method of determination of market value should be consistent across all Schedule 19 requirements.

Fund managers do not necessarily need to re-evaluate the exempt status of an investment in an underlying scheme at every valuation point. They will need to judge how frequently to re-evaluate each investment depending on the quality of the evidence previously used and the likelihood of any change in the intervening period. Where an investment qualifies for the exemption by only a small margin then frequent re-evaluation may be necessary.

The FA99/SCH19 charge applies only to units and OEIC shares which are surrendered and  transferred prior to 30 March 2014. See STSM103005.

See STSM101010 for the meaning of a Collective Investment Scheme.

See STSM101020 for the meaning of a unit trust.

See STSM101050 for the meaning of an OEIC.

See STSM105070 and STSM105080 for further information on Exempt Investments - interests in other collective investment schemes.