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Finance Act 2002

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This is the original version (as it was originally enacted).

Repayments of loan capital

30(1)Where the investment consists of a loan, if—

(a)the average capital balance of the loan for the third, fourth or final year of the five year period is less than the permitted balance for the year in question, and

(b)the difference between those balances is not an amount of insignificant value,

any relief attributable to the investment in respect of any tax year or accounting period must be withdrawn.

(2)For the purposes of this paragraph—

  • “the average capital balance” of the loan for a period is the mean of the daily balances of capital outstanding during that period, disregarding any non-standard repayments of the loan made in that period or at any earlier time;

  • “the permitted balance” of the loan is—

    (a)

    for the third year of the five year period, 75% of the average capital balance for the period of six months beginning 18 months after the investment date,

    (b)

    for the fourth year of that period, 50% of that balance, and

    (c)

    for the final year of that period, 25% of that balance.

(3)For the purposes of sub-paragraph (2), a repayment of the loan is a non-standard repayment if it is made—

(a)at the choice or discretion of the CDFI and not as a direct or indirect consequence of any obligation provided for under the terms of the loan agreement, or

(b)as a consequence of the failure of the CDFI to fulfil any obligation of the loan agreement which—

(i)is imposed by reason only of the commercial risks to which the investor is exposed as lender under that agreement, and

(ii)is no more likely to be breached than any obligation that might reasonably have been agreed in respect of the loan in the absence of this Schedule.

(4)For the purposes of this paragraph “an amount of insignificant value” means an amount which—

(a)does not exceed £1,000, or

(b)if it exceeds that amount, is insignificant in relation to the average capital balance of the loan for the year of the five year period in question.

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