Part 6Relationships treated as loan relationships etc

Chapter 6Alternative finance arrangements

Arrangements that are alternative finance arrangements

506Profit share agency arrangements

1

This section applies to arrangements if under them—

F1a

a person (“the principal”) appoints an agent,

ab

one or both of the principal and agent is a financial institution,

b

the agent uses money provided by the principal with a view to producing a profit,

c

the principal is entitled, to a specified extent, to profits resulting from the use of the money,

d

the agent is entitled to any additional profits resulting from its use (and may also be entitled to a fee paid by the principal), and

e

payments made because of the principal's entitlement to profits equate, in substance, to the return on an investment of money at interest.

2

This section is subject to section 508 (provision not at arm's length: exclusion of arrangements from sections 503 to 505, this section and section 507).