PART IX ANNUAL PAYMENTS AND INTEREST
Relief for payments of interest (excluding MIRAS)
C1C2353 General provision.
F11
Where a person pays interest in any year of assessment, that person, if he makes a claim to the relief, shall for that year of assessment be entitled (subject to F2. . . F3section 52 of ITTOIA 2005) to relief in accordance with this section in respect of so much (if any) of the amount of that interest as is eligible for relief under this section by virtue of F4section 365.
F5F61A
Where a person is entitled for a year of assessment to relief under this section in respect of an amount of interest which is eligible for relief by virtue of section 365, the relief is given as a tax reduction for that tax year.
1AA
The amount of the tax reduction is 23% of the amount of the interest.
1AB
The tax reduction is given effect at Step 6 of the calculation in section 23 of ITA 2007.
1B
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1C
F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1D
F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1E
Where any person is entitled for any year of assessment to relief F9. . . in respect of any amount of interest as is eligible for that relief partly as mentioned in subsection (1A) above and partly as mentioned in F10section 383 of ITA 2007 (relief for interest payments), that amount of interest shall be apportioned between the cases to which each of F11those provisions applies without regard to what parts of the total amount borrowed remain outstanding but according to F12. . . —
a
the proportions of the total amount borrowed which were applied for different purposes; F13. . .
b
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14and subsection (1A) above or section 383 of ITA 2007 shall apply accordingly to the case in which that subsection or section applies.
1F
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1G
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1H
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
M1This section does not apply to a payment of relevant loan interest to which section 369 applies.
3
M2Relief under this section shall not be given in respect of—
a
interest on a debt incurred by overdrawing an account or by debiting the account of any person as the holder of a credit card or under similar arrangements; or
b
where interest is paid at a rate in excess of a reasonable commercial rate, so much of the interest as represents the excess.
4
F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
354 Loans to buy land etc.
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
355 Matters excluded from section 354.
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
356 Job-related accommodation.
F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
356AF20 Limit on relief for home loans: residence basis.
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
356BF22 Residence basis: married couples.
F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
356CF24 Payments to which sections 356A and 356B apply.
F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
356DF26 Provisions supplementary to sections 356A to 356C.
F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
357 Limit on amount of loan eligible for relief by virtue of section 354.
F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29357A Substitution of security.
F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31357B Treatment of loans following security substitution.
F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F33357C Substitution of security: supplemental.
F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
358 Relief where borrower deceased.
F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
359 Loan to buy machinery or plant.
F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
360 Loan to buy interest in close company.
F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
360AF38 Meaning of “material interest” in section 360.
F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
361 Loan to buy interest in co-operative or employee-controlled company.
F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
362 Loan to buy into partnership.
F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
363 Provisions supplementary to sections 360 to 362.
F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
364 Loan to pay inheritance tax.
F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
365 Loan to buy life annuity.
M31
Subject to the following provisions of this section, interest is eligible for relief under section 353 if it is interest on a loan in respect of which the following conditions are satisfied—
F44aa
that the loan was made before 9th March 1999;
a
that the loan was made as part of a scheme under which not less than nine-tenths of the proceeds of the loan were applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of two or more persons (“the annuitants”) who include the person to whom the loan was made;
b
that at the time the loan was made the person to whom it was made or each of the annuitants had attained the age of 65 years;
c
that the loan was secured on land in the United Kingdom or the Republic of Ireland and the person to whom it was made or one of the annuitants owns an estate or interest in that land; and
d
that, if the loan was made after 26th March 1974, the person to whom it was made or each of the annuitants F45used the land on which it was secured as his only or main residence immediately before 9th March 1999 .
F461AA
Where—
a
a loan made on or after 9th March 1999 was made in pursuance of an offer made by the lender before that date, and
b
the offer was either in writing or evidenced by a note or memorandum made by the lender before that date,
the loan shall be deemed for the purposes of subsection (1)(aa) above to have been made before that date.
F471AB
Subject to subsection (1AC) below, the conditions in paragraphs (aa) and (a) of subsection (1) above shall be treated as satisfied in relation to a loan (“the new loan”) if—
a
the new loan was made on or after the day on which the Finance Act 1999 was passed;
b
the new loan was made as part of a scheme (“the scheme”) under which the whole or any part of the proceeds of the loan was used to defray money applied in paying off another loan (“the old loan”); and
c
the conditions in subsection (1) above were, or were treated by virtue of this subsection as, satisfied with respect to the old loan.
1AC
If only part of the proceeds of the new loan was used to defray money applied in paying off the old loan, subsection (1AB) above applies only if, under the scheme, not less than nine-tenths of the remaining part of the proceeds of the new loan was applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of two or more persons who include him.
1AD
In subsection (1AC) above “the remaining part” means the part of the proceeds of the new loan that was not used to defray money applied in paying off the old loan.
F48F491A
The condition in subsection (1)(d) above shall be treated as satisfied in relation to a loan if—
a
the person to whom the loan was made, or any of the annuitants, ceased to use the land as his only or main residence at a time falling within the period of twelve months ending with 8th March 1999, and
b
the intention at that time of the person to whom the loan was made, or each of the annuitants owning an estate or interest in the land, was to take steps, before the end of the period of twelve months after the day on which the land ceased to be so used, with a view to the disposal of his estate or interest.
1B
If it appears to the Board reasonable to do so, having regard to all the circumstances of a particular case, they may direct that in relation to that case subsection (1A) above shall have effect as if for the reference to 12 months there were substituted a reference to such longer period as meets the circumstances of that case.
2
Interest is not eligible for relief by virtue of this section unless it is payable by the person to whom the loan was made or by one of the annuitants.
3
If the loan was made after 26th March 1974 interest on it is eligible for relief by virtue of this section only to the extent that the amount on which it is payable does not exceed F50the sum of £30,000; and if the interest is payable by two or more persons the interest payable by each of them is so eligible only to the extent that the amount on which it is payable does not exceed such amount as bears to F51that sum the same proportion as the interest payable by him bears to the interest payable by both or all of them.
366 Information.
1
M4A person who claims relief under section 353 in respect of any payment of interest shall furnish to the inspector a statement in writing by the person to whom the payment is made, showing—
a
the date when the debt was incurred;
b
the amount of the debt when incurred;
c
the interest paid in the year of assessment for which the claim is made F52. . . ; and
d
the name and address of the debtor.
2
M5Where any such interest as is mentioned in section 353 is paid, the person to whom it is paid shall, if the person who pays it so requests in writing, furnish him with such statement as regards that interest as is mentioned in subsection (1) above; and the duty imposed by this subsection shall be enforceable at the suit or instance of the person making the request.
3
Subsections (1) and (2) above do not apply to interest paid to a building society, or to a local authority.
367 Provisions supplementary to sections 354 to 366.
1
F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C35
367AF57Alternative finance arrangements
1
Sections 353 and 365 have effect as if—
a
purchase and resale arrangements involved the making of a loan, and
b
alternative finance return were interest.
2
Section 366 has effect accordingly.
3
In this section—
“alternative finance return” has the meaning given in sections 564I to 564L of ITA 2007, and
“purchase and resale arrangements” means arrangements to which section 564C of ITA 2007 applies.
368 Exclusion of double relief etc.
F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .