Part 16

Factoring of income etc
Chapter 2

Finance arrangements

Type 3 arrangements

Type 3 finance arrangement defined
767
1
For the purposes of this Chapter an arrangement is a type 3 finance arrangement if conditions A and B are met.
2
Condition A is that—
a
a partnership holds an asset (“the security”) as a partnership asset at any time before the arrangement is made,
b
under the arrangement the partnership receives money or another asset (“the advance”) from another person (“the lender”),
c
there is a relevant change in relation to the partnership (see section 764), and
d
under the arrangement the share in the partnership's profits of the person involved in the change is determined by reference (wholly or partly) to payments in respect of the security.
2A
For the purposes of subsection (2)(d) it does not matter if any determination of the share in the partnership's profits of the person involved in the relevant change as mentioned is subject to any condition.
3
Condition B is that in accordance with generally accepted accounting practice—
a
the partnership's accounts for the period in which the advance is received record a financial liability in respect of it, and
b
the payments reduce the amount of the financial liability.
4
The reference to the partnership's accounts includes a reference to the accounts of any person who is a member of the partnership immediately before the arrangement is made.
Pt. 16 Ch. 2 restricted by Finance Act 2004 (c. 12), s. 196G(2)(3) (as inserted (with effect in accordance with Sch. 13 para. 3 of the amending Act) by Finance Act 2012 (c. 14), Sch. 13 para. 1 (with Sch. 13 Pt. 2))
Pt. 16 Ch. 2 restricted by Finance Act 2004 (c. 12), s. 196I(5)(6) (as inserted (with effect in accordance with Sch. 13 para. 17 of the amending Act) by Finance Act 2012 (c. 14), Sch. 13 para. 15 (with Sch. 13 Pt. 4))
S. 767(2A) inserted (with effect in accordance with Sch. 13 para. 42 of the amending Act) by Finance Act 2012 (c. 14), Sch. 13 para. 41