Corporation Tax Act 2009

Connected parties deriving benefit from creditor relationships

453 Connected parties deriving benefit from creditor relationships

(1) This section applies in the case of any loan relationship that is a creditor relationship of a company (“A”) if—

(a) the return to A from the relationship is less than a commercial return,

(b) another company (“B”) that is connected with A directly or indirectly derives any benefit as a result of any arrangements made—

(i) in consequence of the relationship, or

(ii) otherwise in connection with the relationship, and

(c) that benefit is designed to represent some or all of the amount by which the return to A from the relationship is less than a commercial return.

(2) The credits to be brought into account by A in respect of the relationship for the purposes of this Part are to be determined on the basis of fair value accounting.

(3) The fair value of A’s rights under the relationship must include the fair value of the benefit which is derived by B as a result of the arrangements.

(4) In determining the return to A from the relationship for the purposes of subsection (1)(a), any benefit which A derives directly or indirectly from the benefit derived by B as mentioned in subsection (1)(b) is ignored.

(5) In this section—

• “arrangements” includes any agreement or understanding, whether or not it is legally enforceable,

• “benefit” includes value in any form, and

• “commercial return” means a return on an investment of money at a commercial rate of interest.