23rd December 2009
Early in the New Year, the FSCS will write to Keydata customers who invested in Category Two products to explain how they may make their claims for compensation.
The FSCS is finalising the details of a process with HM Revenue and Customs (HMRC) and PricewaterhouseCoopers (the Administrators) whereby it will pay compensation that is due to eligible Category Two investors directly to HMRC on an annual basis. Where the FSCS pays compensation directly to HMRC on a claimant’s behalf, the claimant will not be required to pay income tax to HMRC themselves in respect of their Keydata Category Two investments which were incorrectly sold to them as ISA-qualifying.
The FSCS and HMRC have devised this process in order to minimise the administrative burden for all parties, especially Keydata customers. It will enable the FSCS to pay compensation that is due in the most efficient way. The FSCS will be writing to those Keydata customers who are affected as soon as the compensation process has been finalised, which we anticipate will be early in 2010.
Background to ‘Category Two’ investments
Category Two investments are ISA investments in the following products:
The Secure Income Bond issue 4, the Secure Income Plan issues 1 to 12 and 14, the Defined Income Plan issues 1 to 8 and the Income Plan issues 1 to 12 and 14.
HMRC has confirmed that these Category Two products do not meet the requirements for ISA investments. This only affects ISA products which had a term of five years or less. The FSCS is now aware of approximately 14,000 investors in these affected products.
For the period before Keydata went into administration (8 June 2009), investors will not have to pay any income tax because HMRC will pursue recovery of the tax from Keydata itself.
For the period following administration, the FSCS anticipates that the majority of investors in Category Two will be eligible for compensation in respect of any tax losses incurred as a result of the fact that these investments were not ISA-qualifying.
The FSCS has compiled a list of
which you may find helpful.
The FSCS previously issued a Keydata update on 13 November 2009.
Tax guidance for Keydata investors from HMRC
HMRC has published details of the tax implications for Keydata investors. This information can be found on HMRC’s website.
The Administrators' website
For further details about the Administrators' work, including a comprehensive list of Keydata products affected by the ISA issues, please refer to www.pwc.co.uk/KIS.