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Finance Act 2002

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This is the original version (as it was originally enacted).

Value received treated as repayment of loan

31(1)This paragraph applies where the investment consists of a loan and the investor receives any value (other than insignificant value) from the CDFI during the period of restriction.

(2)The investor shall be treated for the purposes of—

(a)paragraph 21 (determination of “invested amount”), and

(b)paragraph 30 (repayments of loan capital),

as having received a repayment of the loan of an amount equal to the amount of the value received.

(3)For those purposes the repayment shall be treated as made—

(a)where the value was received in the first or second year of the period of restriction, at the beginning of that second year, and

(b)where the value was received in a later year of that period, at the beginning of the year in question.

(4)For the purposes of paragraph 30 the repayment shall be treated as a repayment other than a non-standard repayment (within the meaning of that paragraph).

(5)For the purposes of this paragraph the investor receives insignificant value where he receives an amount of insignificant value; and for this purpose “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 period of restriction in which the value is received.

(6)For the purposes of sub-paragraph (5)(b)—

(a)“the average capital balance” of the loan for a year is the mean of the daily balances of capital outstanding during the year (disregarding the receipt of value in question), and

(b)any value received in the first year of the period of restriction shall be treated as received at the beginning of the second year of that period.

(7)This paragraph is subject to paragraph 37 (value received where there is more than one investment).

(8)Value received shall be disregarded, for the purposes of this paragraph, to the extent to which relief attributable to any loan, securities or shares in respect of any one or more tax years or accounting periods has already been reduced or withdrawn on its account.

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