RE: Rubbish31 Mar 2023 17:03
Littlened, I hope you are right about the status of the DCUs!
Although even if not I now thing the situation is nowhere near as bad as I'd originally assumed, I had thought the DCU payments would be treated as income or dividends but this was I now believe an error and they will likely be taxed as a capital return (20% as opposed to 33.75%) and the valued of the hurricane shares on the day of purchase if outside an isa or the price at delisting if inside an isa would be deductible.
On whether they would remain in as isa is more complex, if you receive unlisted shares or bonds then these are definitely held outside an isa, there is no issue there but the DCU are simply a right to a deferred consideration so not shares or bonds. In tax law a deferred consideration is taxable at the date of the transaction if the consideration is fixed, if the consideration is variable then it is normally taxable at the time payment is received. If payment would be taxable at a date after the transaction date then I believe it would be outside an isa. I do think that if could be possible to argue that this payment is fixed as it's capped at 12p(total), also it maybe possible to elect to be taxed on the transaction date and hence all payments are received in the isa. I'm now 70/30 that payments will be within the isa and even if you the capital gains due will be minimal!