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HMRC Recognizes Cyprus Stock Exchange,
by Robert Lee, Tax-News.com, London
Friday, June 26, 2009
The Cyprus Stock Exchange has been designated as a recognised stock exchange
for the purposes of HM Revenue and Customs tax treatment, the UK tax authority
announced on June 24.
The designation takes effect from June 22, 2009 under section 1005 (1) (b)
Income Tax Act 2007. The CSE is also regarded as a recognized stock exchange
for Inheritance Tax purposes from the same date.
Securities admitted to trading and listed on the EU regulated markets of the
Cyprus Stock Exchange (those regulated under Title III of the Markets in Financial
Instruments Directive (MiFID) will meet the HMRC interpretation of ‘listed’
as set out in section 1005.3a and b Income Tax Act 2007. However,
securities traded on the soon-to-be launched Emerging Companies Market will
not meet the HMRC definition of ‘listed’.
The term 'recognized stock exchange' occurs throughout the UK Tax Acts and
in various tax regulations. For example it is used in connection with close
companies in section 415.1b Income and Corporation Taxes Act 1988, and
in the definition of investments which may be held in Individual Savings Accounts
(ISAs).
The definition of a recognized stock exchange is given in section 1005 Income
Tax Act 2007. It includes the London Stock Exchange and Plus-listed market and
any such stock exchange outside the UK as is designated in an Order of the Commissioners
of HM Revenue and Customs.
HMRC said that recognition under section 1005 Income Tax Act 2007 is for tax
purposes only and does not constitute any form of recognition or approval for
regulatory or other purposes.
HMRC recognizes stock exchanges in a number of ‘offshore’ (the
term being used loosely) jurisdictions including Bermuda, the Cayman Islands,
the Channel Islands, Hong Kong, Ireland, Luxembourg, Malta, Singapore and Switzerland.
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