RE: Divided6 Oct 2023 11:40
Hi guys, had this from HL yesterday
We’re contacting you about a change in the tax treatment of distributions made by Glencore plc (Glencore). If you hold Glencore shares in an ISA or SIPP this is for information purposes only and will not have any tax consequences for you.
Since listing in 2011, Glencore has made distributions to shareholders out of its share premium account. As a company domiciled in Switzerland, these payments have been made free of Swiss withholding tax. Based on guidance provided by Glencore at the time, we have paid Glencore distributions to you as a return of capital and not a dividend / income payment
We have been made aware of a case in which HMRC has issued a notice to a UK shareholder assessing that the payments from Glencore should be classified as income for UK tax purposes and not capital.
This assessment was appealed to the First-tier Tribunal Tax Chamber (FTT), who concluded the payments were dividends of an income nature and therefore dismissed the appeal.
If you would like to read the full judgement it is available at https://financeandtax.decisions.tribunals.gov.uk/judgmentfiles/j12414/TC%2008460.pdf
In light of the FTT’s decision, we will be paying any future distributions from Glencore to you as a dividend / income payment. This includes the recent payment on 22 September 2023 which was made to holders at the end of 30 August 2023.
We are aware that this case is being further appealed to the Upper Tribunal and we’ll assess this again depending on the outcome of that appeal. We understand that this appeal is likely to be later this year, although it could take some time until a judgment is published. A decision on whether we will reclassify any historic payments will also be taken after this point.
If you have any questions or concerns, please contact us. Nothing here should be regarded as tax advice and we recommend you speak to a tax advisor for advice on the tax treatment of these payments.
Yours sincerely
Dave Ford
Corporate Actions