Section 18I Association through a loan creditorF1

(1)

A company (“A”) is not under the control of another company (“B”) for the purposes of section 18E(4) if—

(a)

B is a loan creditor of A,

(b)

there is no other connection between A and B, and

(c)

either—

(i)

B is not a close company, or

(ii)

B's relationship to A as a loan creditor arose in the ordinary course of a business which B carries on.

(2)

Subsection (3) applies if—

(a)

two companies (“A” and “B”) are controlled by the same person who is a loan creditor of each of them,

(b)

there is no other connection between A and B, and

(c)

either—

(i)

the loan creditor is a company which is not a close company, or

(ii)

the loan creditor's relationship to each of A and B as a loan creditor arose in the ordinary course of a business which the loan creditor carries on.

(3)

In determining for the purposes of this Part whether A and B are associated with each other, rights which the loan creditor has as a loan creditor of A, or as a loan creditor of B, are ignored.

(4)

In subsection (2)(a) “control” has the same meaning as in section 18E(4).

(5)

In this section—

(a)

“connection” includes a connection in the past as well as a connection in the present, and

(b)

references to a connection between two companies include any dealings between them.

(6)

In this section references to a loan creditor of a company are to be read in accordance with section 453.

Annotations

Textual amendments

F1: Pt. 3A inserted (with effect in accordance with Sch. 1 para. 34 of the amending Act) by Finance Act 2021 (c. 26), Sch. 1 para. 3

Notes on Part 3A

Modifications

C1: Pt. 3A excluded (9.12.2021) by S.I. 2006/964, reg. 14B(3)(c) (as inserted by The Authorised Investment Funds (Tax) (Amendment) Regulations 2021 (S.I. 2021/1270), regs. 1, 4(b))
C2: Pt. 3A excluded (9.12.2021) by S.I. 2006/964, reg. 14DA(3)(a) (as inserted by The Authorised Investment Funds (Tax) (Amendment) Regulations 2021 (S.I. 2021/1270), regs. 1, 3(2))
C3: Pt. 3A applied (with effect in accordance with Sch. 1 para. 33 of the amending Act) by 2001 c. 2, s. 99(4A) (as inserted by Finance Act 2021 (c. 26), Sch. 1 para. 16(3))
C4: Pt. 3A applied (with effect in accordance with Sch. 1 para. 33 of the amending Act) by S.I. 1998/3175, reg. 2(2A) (as inserted by Finance Act 2021 (c. 26), Sch. 1 para. 13(2)(c))