The UK government has published draft legislation introducing a new Securities Transfer Tax (STT).
The UK government has published draft legislation introducing a new Securities Transfer Tax (STT). STT is a proposed new tax on transfers of shares and certain other securities and is intended to replace both Stamp Duty and Stamp Duty Reserve Tax (SDRT) from 2027. The reforms aim to modernise and simplify the taxation of share transfers through a single digital regime.
Importantly, the reforms are not intended to increase the overall tax burden on share transfers. Instead, the focus is on simplifying administration and modernising the current framework.
The proposed rates are:
The government intends to introduce an HMRC portal through which STT will be reported and paid. Once a return has been submitted, HMRC will issue confirmation which can be used to register the transfer.
This should reduce delays commonly associated with the current Stamp Duty process and speed up share transfer registrations.
The draft legislation introduces a single approach to contingent and deferred consideration. Where the final amount payable is uncertain, STT will generally be calculated using a reasonable estimate and adjusted later if necessary. This is likely to be particularly relevant for private company acquisitions involving earn-outs and deferred consideration.
The current Stamp Duty exemption for certain share transfers of £1,000 or less is not expected to continue under STT. As a result, some lower-value transfers that are currently exempt may become reportable.
Transfers of shares in non-UK incorporated companies should generally fall outside the scope of STT, regardless of where the transaction documents are executed or where the company’s share register is maintained. However, STT may still apply to certain UK depositary interests representing shares or equity-like debt in a non-UK incorporated company where that company is UK tax resident.
For most businesses, the principal impact of STT will be on transaction processes rather than transaction costs.
Businesses involved in acquisitions, investment rounds, share transfers or corporate restructurings should review their transaction procedures once the final legislation is published. Although many familiar reliefs are expected to remain available, the draft legislation is not simply a re-statement of the existing Stamp Duty and SDRT rules.
The government currently intends STT to take effect in 2027. Transitional provisions are expected to apply for certain transactions entered into before the new regime comes into force.
Waterfront Law can:
If you are planning a share transfer, investment or corporate reorganisation, Waterfront Law can help you understand the practical implications of the proposed reforms and prepare for the introduction of the new regime. For more information, reach out to Andrew Gordon.
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