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New guidance on 1.5% stamp tax charge and s 138 clearances

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HMRC has published noteworthy updates to two of its manuals. First, the Stamp Taxes on Shares Manual contains new commentary on the scope of the statutory exemptions from the 1.5% charge (for certain transfers to depositary receipt issuers and clearance services) that came into effect at the start of this year. Second, the Capital Gains Manual contains new pages on clearance under TCGA 1992 s 138, and the circumstances in which TCGA 1992 s 137 might be engaged to deny rollover treatment (in particular reflecting HMRC’s win on one aspect of the Euromoney case).

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