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Home / Simons-Taxes /Capital gains tax /Part C3 Capital gains exemptions and reliefs /Division C3.18 CGT exempt gains and assets /CGT exempt gains / C3.1807 CGT exempt gains—sale and repurchase of securities—repo transactions
Commentary

C3.1807 CGT exempt gains—sale and repurchase of securities—repo transactions

Capital gains tax

A repo is effectively a collateralized (secured) loan structured as a sale and repurchase of securities. The party that wants to borrow cash (the original owner) transfers securities (the collateral) to the buyer (the interim holder) who pays the purchase price, which is in economic terms, the loan1. The agreement also provides for the obligatory repurchase of the securities by the original owner or someone connected to him. In legal form this is a sale and repurchase, but in economic substance it is a secured loan, and the capital gains tax provisions seek to reflect this by ignoring the disposal and repurchase, and where it is not ignored, adjusting the sale and repurchase price to match the economic reality of the transaction,

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