C1Part 5Loan Relationships

Annotations:
Modifications etc. (not altering text)
C1

Pt. 5 applied (with effect in accordance with Sch. 24 paras. 13-16 of the amending Act) by Finance Act 2009 (c. 10), Sch. 24 para. 15(2)(3)

Chapter 8Connected parties relationships: late interest

378Loans by trustees of occupational pension schemes

1

The case to which this section applies is where—

a

the loan is one made by trustees of an occupational pension scheme, and

b

condition A, B or C is met.

2

Condition A is that there is a time in the actual accrual period when the company which has the debtor relationship (“D”) is the employer of employees to whom the scheme relates.

3

Condition B is that there is a connection between D and such an employer for the actual accrual period.

4

Condition C is that a company is such an employer and there is a time in the actual accrual period when—

a

D has a major interest in that company, or

b

that company has a major interest in D.

5

In this section “occupational pension scheme” has the meaning given in section 150(5) of FA 2004.

6

Section 466 (companies connected for an accounting period) applies for the purposes of this section.