delete The Stamp Duty and Stamp Duty Reserve Tax (Collective Investment Schemes) (Exemptions) Regulations 2013
The Stamp Duty and Stamp Duty Reserve Tax (Collective Investment Schemes) (Exemptions) Regulations 2013 provide exemptions from stamp duty and stamp duty reserve tax for transfers of securities to depositaries under authorised contractual schemes (in exchange for units), transfers between depositaries under the same scheme, and transfers of units in such schemes. The regulations include an anti-avoidance clause preventing the exemptions from applying where avoidance of stamp duty or SDRT is a main purpose.
These exemptions distort investment decisions by privileging authorised contractual schemes over other investment structures, creating Unequal treatment in the tax system that favors certain vehicles without justification. The regulations add complexity to an already convoluted stamp duty regime while picking winners and losers through the tax code. The anti-avoidance provision itself is subjective and creates compliance uncertainty. Far from enhancing competitiveness, such targeted exemptions fragment the market and invite tax planning around the specific structural forms mentioned, rather than allowing neutral taxation that lets market participants choose optimal structures freely.