HMRC's income tax charge on 'disguised interest' expected to be introduced in 2013 will have no impact on products such as structured deposits where the returns are subject to income tax, according to law firm Ashurst.
HMRC has released a summary of responses to its consultation paper on the taxation of interest, with a number of the proposals which had been causing concern to market players being dropped.
However, the proposal to introduce an income tax charge on 'disguised interest' will be implemented, and structured products providers will have to assess the potential impact of the proposal on structured products targeting UK tax-resident individuals.
According to Ashurst, the new rule may affect products that would currently attract capital gains tax (CGT) treatment including zero coupon preference shares that are used to generate returns which, although related to rolled-up interest, attract a CGT treatment.
The return on such products may be subject to income tax rather than capital gains tax, said Ashurst, but there are also other products or combinations of products which could be affected by these rules.
Our current expectation is that the majority of structured products which we would expect to deliver a CGT return are unlikely to be affected by this proposal, depending on the actual terms of the final legislation, said the law firm in a newsflash.
According to HRMC, the new income tax charge will apply to a particular product if its return is a return by reference to the time value of money; its return is at a rate reasonably comparable to what is, in all the circumstances, a commercial rate of interest; and at the relevant time there is no practical likelihood that its return will cease to be produced in accordance with the arrangements.
To access the responses to HMRC's consultation on possible changes to income tax rules on interest, click here.