Stamp Duty exemption for financial institutions in resolution
This measure makes sure that stamp taxes are not chargeable on exercise of resolution powers under the UK special resolution regime.
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Under the Banking Act 2009, the Bank of England has various resolution stabilisation powers to manage a failing financial institution in an orderly way. These ensure that an institution’s operations can be maintained to protect financial stability, depositors and the taxpayer. Upon exercise of a resolution stabilisation power, the Bank of England may arrange a transfer of the failed institution’s issued share capital in exchange for temporary certificates issued to bondholders of the failed institution, or a transfer of securities and/or property held by the failed institution to a temporary holding entity appointed by the Bank of England or to a temporary public body. Both transfer situations are within scope of a charge to Stamp Duty, Stamp Duty Reserve Tax (SDRT) or Stamp Duty Land Tax (SDLT).