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The view of the UK Treasury and the Inland Revenue was that, the way was now open for the nationalised industries and the local authorities to borrow in this way, if the UK wanted this to happen, and that the Boards and authorities concerned were prepared to go ahead.

This led to a very important issue, which had to be fully recognised. The amendment to the Finance Bill will allow interest payments to be paid free of tax only where the bond of stock was issued through an overseas agent subject to foreign law. It did appear to mean that, when a Euro-bond was issued in London, withholding tax will still apply where the interest was paid out of UK income.

The European Court of Justice (ECJ) ruled on October 1 that the UK government’s levying of Stamp Duty Reserve Tax (SDRT) on UK companies raising capital outside the UK is unlawful, leaving the government with a potential refund bill topping GBP5bn (USD7.94bn), it is estimated.

The ECJ agreed with the conclusions of the Advocate-General who recommended in March that the levying of SDRT in such circumstances constituted a breach of European Community law.