The Individual Savings Account Regulations 1998
S.I. 1998/1870 · Made 31 July 1998 · Extends to United Kingdom
INCOME TAX
Made 31st July 1998
Laid before the House of Commons 31st July 1998
Coming into force In accordance with regulation 1
The Treasury, in exercise of the powers conferred on them by sections 333, 333A and 333B of the Income and Corporation Taxes Act 1988M1, section 151 of the Taxation of Chargeable Gains Act 1992M2 and sections 75 and 76(3) of the Finance Act 1998, hereby make the following Regulations:C1C2C3
Annotations to the whole text
Marginal citations
- M1
1988 c.1; section 333 was amended by section 70 of the Finance Act 1991 (c.31) and by sections 75 and 123(7) of the Finance Act 1998 (c.36). Section 333A was inserted by section 64(1) of the Finance Act 1995 (c.4). Section 333B was inserted by section 77(1) of the Finance Act 1998.
- M2
1992 c.12; section 151 was amended by section 85 of the Finance Act 1993 (c.34), by section 64(2) of the Finance Act 1994 (c.9), and by section 75(6) of the Finance Act 1998, and was extended by section 123(7) of the Finance Act 1998.
Modifications
- C1
Regulations applied (with modifications) (21.2.2009) by The Banking Act 2009 (Parts 2 and 3 Consequential Amendments) Order 2009 (S.I. 2009/317), arts. 1, 3, Sch.
- C2
Regulations applied (with modifications) (8.2.2011) by The Investment Bank Special Administration Regulations 2011 (S.I. 2011/245), reg. 1, Sch. 6 Pt. 1 (with reg. 27(a))
- C3
Regulations applied (with modifications) (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), reg. 2, Sch. 3 paras. 2, 3 (with reg. 5) (as amended (4.1.2024) by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 4)
Contents
- 1Citation and commencement
- 2Interpretation
- 2AMeaning of account investor
- 2BMeaning of junior ISA account
- 2CMeaning of “registered contact” etc.
- 2DRegulations that do not apply to junior ISA accounts
- 2EContracts entered into by or on behalf of a child who is 16 or over
- 2FSpecial provision in respect of Looked After Children
- 2GContinuing account of a deceased investor and administration-period investments
- 3Introductory
- 4General conditions for accounts and subscriptions to accounts
- 4ZASubscriptions to an account other than a junior ISA account
- 4ZBSubscriptions to a junior ISA account
- 4ZCInalienability of a junior ISA account
- 4ZDPermitted withdrawals from a junior ISA account
- 4ZEPermitted withdrawals from a junior ISA account where the named child is terminally ill
- 4ARepair of certain incompatible account and excess subscriptions - accounts other than junior ISA accounts
- 4AAApplication of the repair provisions to Lifetime ISAs
- 4BClosure of cash account that is not a junior ISA account prior to the opening of the same type of account to be disregarded once Repealed
- 4CRemoval of insurance components at 6th April 2005 Repealed
- 4DRemoval of maxi-accounts, mini-accounts and TESSA only accounts at 6th April 2008 Repealed
- 5ATreatment of sums held in accounts managed by Icesave Bank Repealed
- 5BTreatment of certain sums held in accounts managed by Keydata Investment Services Limited Repealed
- 5CTreatment of certain sums held in dormant accounts
- 5DSubscriptions disregarded for the purposes of the subscription limits in regulations 4ZA(1) and 4ZB
- 5DZTreatment of ISA where funds transferred under regulation 13A of the Child Trust Funds Regulations (maturity of child trust fund - instructions)
- 5DZATreatment of ISA where funds transferred under regulation 13B(2)(b) of the Child Trust Funds Regulations (maturity of child trust fund - no instructions)
- 5DADefaulted cash account subscription
- 5DAADefaulted Lifetime ISA subscription
- 5DBDefaulted investment subscription
- 5DCDefault event in respect of cash account
- 5DDDefaulted investment payment
- 5DDAAdditional permitted subscription to an account other than a junior ISA account
- 5DDBFlexible account
- 5DDCAdditional permitted subscription of cash to an account other than a junior ISA on closure of Help to Buy ISA
- 5DEAdditional permitted subscription to a junior ISA account
- 5DFInformation required by regulation 5D
- 5DFADeclarations required by regulation 5D
- 5DFBNotices required by regulation 5D
- 5DFCNotices required by regulation 5D
- 5DFDNotices required by regulation 5D
- 5DGSingle regulation 5D subscription
- 5DHDefault event or default investment payment occurring in the period beginning on 6th April 2011 and ending on 7th August 2012
- 5DISpecial provision in respect of Lehman Brothers investments and Keydata investments
- 5DJSpecial application of regulations 5DB, 5DD, 5DF and 5DH in respect of a Lehman Brothers investment
- 5DKDeemed defaulted investment payment in respect of a Lehman Brothers investment
- 5DLSpecified amount for the purposes of a defaulted investment subscription in respect of a Lehman Brothers investment
- 5DMSpecial application of regulations 5DJ to 5DL in respect of a Keydata investment
- 5ESubscriptions made by account investors issued with certificates by Royal Bank of Scotland Group disregarded for the purposes of regulations 4ZA and 31(3)(c)(ii)
- 5Transfers from matured tax-exempt special savings accounts Repealed
- 6General investment rules
- 7Qualifying investments for a stocks and shares component
- 8Qualifying investments for a cash component
- 8ZAQualifying investments for a Lifetime ISA component
- 8AQualifying investments for an innovative finance component
- 9Insurance policies
- 10Qualifying individuals who may invest under an account that is not a junior ISA account nor a Lifetime ISA
- 10ALifetime ISA qualifying individuals who may invest under a Lifetime ISA
- 11Account investor ceasing to qualify
- 12Conditions for application to open an account that is not a junior ISA account or a Lifetime ISA
- 12AConditions for application to open an account that is a junior ISA account
- 12BConditions for application to open an account that is a Lifetime ISA
- 13Application by curator bonis Repealed
- 14Account manager—qualifications and Board’s approval
- 15Special requirements relating to insurer-managers
- 16Account manager—appointment of tax representative
- 17Account manager—withdrawal by Board of approval
- 17AAccount manager – withdrawal by Board of approval of junior ISA manager
- 18Account manager—appeal against withdrawal of Board’s approval
- 19Account manager’s intention to make a bulk transfer of accounts or to cease to act as an account manager
- 20Account manager ceasing to qualify
- 21Transfers relating accounts other than junior ISA accounts
- 21AFurther requirements relating to transfers between cash accounts
- 21BTransfers relating to junior ISA accounts
- 21CRepair of invalid junior ISA accounts
- 22Exemption from tax of account income and gains
- 23Interest on cash deposits held under a stocks and shares component of an account that is not a junior ISA account Repealed
- 24Tax liabilities and reliefs—account manager to act on behalf of account investor
- 25Repayments in respect of tax to account manager—interim claims
- 26Repayments in respect of tax to account manager—annual returns and annual claims
- 27Account manager’s returns and claims—supplementary provisions
- 28Assessments for withdrawing relief and recovering tax
- 29Records to be kept by account manager
- 30Information to be given to account investor by account manager in relation to an account that is not a junior ISA account
- 31Returns of information by account manager
- 32Information to be provided to the Board Repealed
- 33Inspection of records by officer of the Board Repealed
- 34Capital gains tax—adaptation of enactments
- 34ACapital gains tax–administration-period investment
- 35Administration of tax in relation to accounts—supplementary
- 36Application of the provisions of Chapter II of Part XIII of the Taxes Act and of Chapter 9 of Part 4 of ITTOIA 2005 to policies where an investor ceases to be or was not entitled to relief from tax
- 37Regulation 37
- Signature
- Schedule: LIFETIME ISA FURTHER PROVISION
- 1Interpretation
- 2Government bonus claim
- 3Rejection of government bonus claim
- 4Specified age; terminal illness; transfer to another Lifetime ISA-no withdrawal charge
- 5Specified percentage for withdrawal charge
- 5AParagraph 5A
- 6First-time residential purchase
- 7Definitions for the purposes of paragraph 6
- 8Specified information for the purposes of paragraph 6
- 9Information from conveyancer
- 10Purchase failure
- 11Amounts not treated as withdrawals
- 12Recoupment of government bonus payment
- 13Withdrawals: information returns
- 14Payment to the Board of withdrawal charges
- 15Payments and Interest
- 16Appeals
- 17Information to be given by account manager to account investor
- 18Extensions
- Explanatory note