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What exactly is a ‘security’?

Alistair Godwin (Grant Thornton) focuses on the Taxes Acts in order to bring out some of the key features of a ‘security’ that are useful in practice.

The term ‘security’ appears frequently in the Taxes Acts in a number of practical contexts for example:

  • The meaning of a ‘debt on a security’ in the capital gains tax legislation. This is relevant for example when considering whether a capital gain arises to an individual on disposal of a receivable.
  • The meaning of ‘security’ in the transactions in securities legislation (both the income tax and corporation tax regimes). This may arise for example where a corporate reorganisation involves taking on bank debt. Does that constitute a security that represents a further transaction in securities?
  • The meaning of a ‘marketable security’ in the stamp duty legislation. This is relevant to considering whether for...

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