Finance (No. 2) Act 2017

Meaning of “outstanding”: loans

5(1)This paragraph applies where—

(a)a person (“P”) has made a loan to a relevant person,

(b)the loan was made on or after 6 April 1999, and

(c)before the end of 5 April 2019, A or B acquires (whether or not for consideration) a right to payment of the whole or part of the loan.

(2)The amount of the loan in respect of which A or B acquires a right to payment is to be treated—

(a)for the purposes of paragraph 1(1) as an amount, of the loan made by P to the relevant person, that is outstanding immediately before the end of 5 April 2019;

(b)for the purposes of paragraph 1(4) and section 554Z3(1) of ITEPA 2003, as an amount of the loan that is outstanding at the time P is treated as taking the relevant step under paragraph 1(1).

(3)Where a quasi-loan or a loan made by P to a relevant person is replaced, directly or indirectly, by a loan or another loan (the “replacement loan”), references in sub-paragraphs (1) and (2) to the loan are references to the replacement loan.