Commentary on Sections Overview Overview Section 886: Interest paid by recognised clearing houses etc
2669.This section provides an exception from the duty to deduct under this Chapter for certain payments of interest made by recognised clearing houses (RCH) and recognised investment exchanges (RIE), as defined in FISMA. It is based on section 349(3) and (6) of ICTA.
2670.In relation to such payments of interest, two conditions have to be met.
2671.The first condition (subsection (1)(a)) requires that the RCH or RIE carry on the business of providing a service whereby there are contracts between each of the parties to a transaction and the RCH or RIE, instead of contracts directly between the parties. Such a service is called a “central counterparty clearing service” (as defined in subsection (3)).
2672.The second condition (subsection (1)(b)) requires that the payment is made in the ordinary course of that business to users of the service in respect of margin or other collateral deposited with the payer.
2673.Subsection (2) concerns cases where an RCH or RIE may be a party to contracts involving the sale and repurchase of securities, with or without a put option. In such cases the margins between the sale price and the repurchase price are treated for tax purposes as payments of interest, which may (or may not) be yearly interest.