Modifications etc. (not altering text)
C1Pt. 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)
C2Pt. 5 applied (with modifications) (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), ss. 990(5), 1184(1) (with Sch. 2)
C3Pt. 5 modified (15.11.2011 for specified purposes, 30.3.2012 for E.W.) by Localism Act 2011 (c. 20), ss., 240(5)(o), Sch. 24 para. 5; S.I. 2012/628, art. 3(b)
C4Pt. 5 modified (1.4.2012) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 4 para. 2; S.I. 2011/2576, art. 5
(1)For the purposes of the Corporation Tax Acts a company has a loan relationship if—
(a)the company stands in the position of a creditor or debtor as respects any money debt (whether by reference to a security or otherwise), and
(b)the debt arises from a transaction for the lending of money.
(2)References to a loan relationship and to a company being a party to a loan relationship are to be read accordingly.
(3)For cases where this Part applies as if a relationship were a loan relationship despite the money debt not arising from a transaction for the lending of money see Chapter 2 of Part 6 (relevant non-lending relationships).
(4)See also the following provisions of Part 6 (under which other matters are treated as loan relationships or rights, payments or profits under loan relationships)—
(a)Chapter 3 (OEICs, unit trusts and offshore funds),
(b)Chapter 4 (building societies),
(c)Chapter 5 (industrial and provident societies),
(d)Chapter 6 (alternative finance arrangements),
(e)Chapter 7 (shares with guaranteed returns etc),
(f)Chapter 8 (returns from partnerships),
(g)Chapter 9 (manufactured interest etc),
(h)Chapter 10 (repos), and
(i)Chapter 11 (investment life insurance contracts).
(5)In this Part “creditor relationship”, in relation to a company, means any loan relationship of the company where it stands in the position of a creditor as respects the debt in question.
(6)In this Part “debtor relationship”, in relation to a company, means any loan relationship of the company where it stands in the position of a debtor as respects the debt in question.
Modifications etc. (not altering text)
C6S. 302(1) applied (19.7.2011) by Finance Act 2011 (c. 11), Sch. 19 para. 26(7)