ALBA 2007 â 1 plc - Irish Stock Exchange
ALBA 2007 â 1 plc - Irish Stock Exchange
ALBA 2007 â 1 plc - Irish Stock Exchange
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2. Provision of information<br />
2.1 Noteholders should note that where any interest on the Notes is paid to them (or to any person<br />
acting on their behalf) by the Issuer or any person in the United Kingdom acting on behalf of<br />
the Issuer (a ‘‘paying agent’’), or is received by any person in the United Kingdom acting on<br />
behalf of the relevant Noteholder (other than solely by clearing or arranging the clearing of a<br />
cheque) (a ‘‘collecting agent’’), then the Issuer, the paying agent or the collecting agent (as the<br />
case may be) may, in certain cases, be required to supply to HM Revenue and Customs details<br />
of the payment and certain details relating to the Noteholder (including the Noteholder’s name<br />
and address). These provisions will apply whether or not the interest has been paid subject to<br />
withholding or deduction for or on account of United Kingdom income tax and whether or not<br />
the Noteholder is resident in the United Kingdom for United Kingdom tax purposes. Where the<br />
Noteholder is not so resident, the details provided to HM Revenue and Customs may, in certain<br />
cases, be passed by HM Revenue and Customs to the tax authorities of the jurisdiction in which<br />
the Noteholder is resident for taxation purposes.<br />
2.2 With effect from 6 April <strong>2007</strong>, the provisions referred to above may also apply, in certain<br />
circumstances, to payments made on redemption of any Notes where the amount payable on<br />
redemption is greater than the issue price of the Notes.<br />
3. Other points relating to United Kingdom withholding tax<br />
3.1 Where interest has been paid under deduction of United Kingdom income tax, noteholders who<br />
are not resident in the United Kingdom may be able to recover all or part of the tax deducted if<br />
there is an appropriate provision in any applicable double taxation treaty.<br />
3.2 Where the Notes are to be, or may fall to be, redeemed at a premium, as opposed to being<br />
issued at a discount, any such element of premium may constitute a payment of interest.<br />
Payments of interest are subject to United Kingdom withholding tax and reporting requirements<br />
as outlined above.<br />
3.3 The references to ‘‘interest’’ above mean ‘‘interest’’ as understood in United Kingdom tax law.<br />
The statements above do not take any account of any different definitions of ‘‘interest’’ or<br />
‘‘principal’’ which may prevail under any other law or which may be created by the terms and<br />
conditions of the notes or any related documentation.<br />
4. Stamp duty and stamp duty reserve tax<br />
4.1 No United Kingdom stamp duty or stamp duty reserve tax is chargeable on the issue of the<br />
Notes or the Instruments.<br />
4.2 United Kingdom stamp duty may be chargable on any instruments transferring a MERC or a R<br />
Certificate (including where such Instruments are in Definitive Form) and Instrumentholders are<br />
advised to consult with their professional advisers in respect of matters relating to the<br />
acquisition and holding of the Instruments.