Aim of the new rules
The new rules are being introduced to prevent a saver from subscribing up to £20,000:
- In cash into a non-cash ISA and leaving the cash there long-term, earning tax-free interest.
- In a non-cash ISA and then transferring those funds to a cash ISA.
- To a non-cash ISA and then using the funds to purchase cash-like investments.
A non-cash ISA means a stocks and shares ISA or an innovative finance ISA.
What this means
There will be a 22% charge on any interest paid on cash held within a non-cash ISA. This rate applies even if a saver is a higher or additional rate taxpayer. The personal savings allowance cannot be used to mitigate the charge.
The transfer restriction means surplus cash cannot be moved to a cash ISA to escape the 22% charge. To avoid the charge, cash will have to be invested or withdrawn from the ISA.
A non-cash ISA portfolio made up of 100% cash-like investments will not be permitted:
- Only money market funds (these are low risk, investing in highly liquid, short-term debt securities) will be treated as a cash-like investment.
- The existing ISA investment rules are unchanged, so investments such as short-dated UK gilts will not be treated as cash-like investments.
The 100% requirement does appear to present an easy loophole, since holding just a penny’s worth of shares should circumvent the restriction.
65 and over
Savers aged 65 and over will continue to benefit from the current cash ISA limit of £20,000. Entitlement will apply from the start of the tax year in which a saver reaches 65.
From that point, the transfer restriction will no longer apply. The charge on interest earned on cash held in a non-cash ISA and the prohibition on 100% cash-like investments will, however, remain in place.
The government’s factsheet on the ISA anti-circumvention rules is available here.
Photo by Towfiqu barbhuiya on Unsplash
