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Finance Act 2014

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This is the original version (as it was originally enacted).

13Relief for loan interest: loan to buy interest in close company
This section has no associated Explanatory Notes

(1)Chapter 1 of Part 8 of ITA 2007 (relief for interest payments) is amended as follows.

(2)In section 392 (loan to buy interest in close company), in subsection (4)—

(a)after “section 393—” insert—

  • “close company” includes a company which—

    (a)

    is resident in an EEA state other than the United Kingdom, and

    (b)

    if it were UK resident, would be a close company,, and

(b)in the definition of “close investment-holding company”, for “section 34 of CTA 2010” substitute “section 393A”.

(3)After section 393 insert—

393AClose investment-holding companies

(1)For the purposes of sections 392 and 393, a close company (“the candidate company”) is a close investment-holding company in an accounting period unless throughout the period it exists wholly or mainly for one or more of the permitted purposes set out in subsection (2).

There is an exception to this rule in subsection (5).

(2)The candidate company exists for a permitted purpose so far as it exists—

(a)for the purpose of carrying on a trade or trades on a commercial basis,

(b)for the purpose of making investments in land, or estates or interests in land, in cases where the land is, or is intended to be, let commercially (see subsection (3)),

(c)for the purpose of holding shares in and securities of, or making loans to, one or more companies each of which—

(i)is a qualifying company, or

(ii)falls within subsection (4),

(d)for the purpose of co-ordinating the administration of two or more qualifying companies,

(e)for the purpose of the making of investments as mentioned in paragraph (b)—

(i)by one or more qualifying companies, or

(ii)by a company which has control of the candidate company, or

(f)for the purpose of a trade or trades carried on on a commercial basis—

(i)by one or more qualifying companies, or

(ii)by a company which has control of the candidate company.

(3)For the purposes of subsection (2)(b), any letting of land is taken to be commercial unless the land is let to—

(a)a person connected with the candidate company (“a connected person”), or

(b)a person who is—

(i)the spouse or civil partner of a connected person,

(ii)a relative of a connected person, or the spouse or civil partner of a relative of a connected person,

(iii)the relative of the spouse or civil partner of a connected person, or

(iv)the spouse or civil partner of a relative of a spouse or civil partner of the connected person.

(4)A company falls within this subsection (see subsection (2)(c)(ii)) if—

(a)it is under the control of the candidate company or of a company which has control of the candidate company, and

(b)it exists wholly or mainly for the purpose of holding shares in or securities of, or of making loans to, one or more qualifying companies.

(5)If a company is wound up and was not a close investment-holding company in the accounting period that ends (by virtue of section 12(2) of CTA 2009) immediately before the winding up starts, the company is not treated for the purposes of sections 392 and 393 as being a close investment-holding company in the subsequent accounting period.

(6)In this section “qualifying company” means a company which—

(a)is under the control of the candidate company or of a company which has control of the candidate company, and

(b)exists wholly or mainly for either or both of the purposes mentioned in subsection (2)(a) and (b).

(7)In this section—

  • “accounting period” has the meaning given by section 1119 of CTA 2010,

  • “close company” includes a company which—

    (a)

    is resident in an EEA state other than the United Kingdom, and

    (b)

    if it were UK resident, would be a close company,

  • “control” has the meaning given by section 450 of CTA 2010, and

  • “relative” means brother, sister, ancestor or lineal descendant.

(4)Accordingly—

(a)in section 383(2)(c), after “close company” insert “etc”,

(b)in the italic heading before section 392, after “close company” insert “etc”;

(c)in the heading of section 392, after “close company” insert “etc”.

(5)The amendments made by this section have effect in relation to interest paid in the tax year 2014-15 or any subsequent tax year.

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