OpenLegislation

Paragraph 1

United Kingdom

(1)

M1Subject to sub-paragraph (5) below, the benefit of a loan is obtained by reason of a person’s employment if, in relation to that person, it is of a class described in sub-paragraphs (2), (3) or (4) below.

(2)

A loan made by his employer.

(3)

M2A loan made by a company—

(a)

over which his employer had control;

(b)

by which his employer (being a company) was controlled; or

(c)

which was controlled by a person by whom his employer (being a company) was controlled.

(4)

M3A loan made in any case where—

(a)

his employer was, or had control over, or was controlled by, a close company; and

(b)

the loan was made by a person having a material interest in that close company or, that company being controlled by another company, in that other company.

(5)

F1M4Sub-paragraphs (2) and (4) above do not apply to a loan made by F2. . . an individual F3. . . in the normal course of his domestic, family or personal relationships.

Annotations

Textual amendments

F1

Words in Sch. 7 para. 1(5) substituted (with effect in accordance with s. 88(6) of the amending Act) by Finance Act 1994 (c. 9), s. 88(4)(a)

F2

Words in Sch. 7 para. 1(5) repealed (with effect in accordance with s. 88(5)(6) of the amending Act) by Finance Act 1994 (c. 9), s. 88(4)(a), Sch. 26 Pt. 5(5), Note

F3

Words in Sch. 7 para. 1(5) repealed (with effect in accordance with s. 134(2) of the repealing Act) by Finance Act 1996 (c. 8), Sch. 20 para. 41, Sch. 41 Pt. 5(10), Note

Marginal citations

M1

Source—1976 Sch.8 1(1)

M2

Source—1976 Sch.8 2

M3

Source—1976 Sch.8 3

M4

Source—1976 Sch.8 1(2)

Notes on Schedule 7

Textual amendments

F1

Schs. 6, 6A, 7, 7A repealed (6.4.2003 with effect in accordance with s. 723(1) of the repealing Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 6 paras. 110, 111, Sch 8 Pt. 1 (with Sch. 7)