Paragraph 15S F1

(1)

Paragraph 15U applies if—

(a)

the bank levy is charged as provided for by paragraph 4 (groups),

(b)

an entity (“M”) within sub-paragraph (5) has liabilities to another entity (“N”) not within that sub-paragraph (“M’s liabilities”),

(c)

M, or another member of the relevant group, recognises, as assets, amounts (“N’s liabilities”) that are due to any member of the relevant group from N or another entity not within sub-paragraph (5),

(d)

there is in place an agreement which makes net settlement provision, and

(e)

that provision is legally effective and enforceable.

(2)

In sub-paragraph (1)(d), “net settlement provision” means provision for there to be a single net settlement—

(a)

if a netting event occurs, or

(b)

at the option of M or N, if a netting event occurs.

(3)

The reference in sub-paragraph (2) to a “single net settlement” is a reference to a single net settlement of—

(a)

all M’s liabilities, and liabilities of other entities within sub-paragraph (5), to N or another entity which is not within that sub-paragraph (so far as covered by the provision mentioned in sub-paragraph (1)(d)), and

(b)

all N’s liabilities (so far as covered by that provision).

(4)

But a provision for there to be single net settlement—

(a)

at the option of M, but not at the option of N, if a netting event occurs, or

(b)

at the option of N, but not at the option of M, if a netting event occurs,

is not to be treated as a net settlement provision for the purposes of sub-paragraph (1)(d).

(5)

An entity is within this sub-paragraph if it is —

(a)

a UK resident entity which is a member of a UK sub-group, or

(b)

a chargeable UK resident entity.

(6)

For the purposes of sub-paragraph (1)—

(a)

“agreement” includes an agreement which forms part of a multi-lateral agreement, arrangement or trading facility,

(b)

if N is a relevant foreign bank which is a member of the relevant group, liabilities of M to N are to be ignored so far as N recognises assets in respect of those liabilities as assets of the permanent establishment through which N carries on a trade in the United Kingdom as determined at Step 2 in paragraph 24(1),

(c)

references to amounts due from N or another entity not within sub-paragraph (5) include securities provided by M, or another member of the relevant group, to N or another entity not within sub-paragraph (5) as collateral, but only where M or that other member recognises those securities in its balance sheet or statement of financial position, and

(d)

“a netting event occurs”—

(i)

in relation to M, if the insolvency or bankruptcy of M, or another entity within sub-paragraph (5) which has a liability covered by the provision mentioned in sub-paragraph (1)(d), gives rise to the termination of any arrangements under which such a liability arises, or

(ii)

in relation to N, if the insolvency or bankruptcy of N, or another entity not within sub-paragraph (5) which has a liability covered by the provision mentioned in sub-paragraph (1)(d), gives rise to the termination of any arrangements under which such a liability arises.

(7)

Section 556 of CTA 2009 (meaning of securities and similar securities) applies for the purposes of sub-paragraph (6) and paragraph 15T(5) as it applies for the purposes of Chapter 10 of Part 6 of that Act.

Annotations

Textual amendments

F1: Sch. 19 paras. 15-15Z5 and cross-headings substituted for Sch. 19 paras. 15-23 (with effect in accordance with Sch. 9 para. 35 of the amending Act) by Finance Act 2018 (c. 3), Sch. 9 para. 2