OpenLegislation

Section 392 Loan to buy interest in close company etcF7

United Kingdom

(1)

This section applies to a loan to an individual that is used in one or more of the ways specified in subsection (2).

(2)

The ways are—

(a)

acquiring any part of the ordinary share capital of a close company that is not a close investment-holding company,

(b)

lending to such a company money which is used wholly and exclusively—

(i)

for the purposes of the business of the company, or

(ii)

for the purposes of the business of any associated company of the company which is also a close company that is not a close investment-holding company, or

(c)

repaying another loan to which this section applies.

(3)

Subsection (2)(a) does not apply if at any time the individual by whom the shares are acquired or that individual's spouse or civil partner—

(a)

makes a claim for relief in respect of them under Part 5 of this Act or, in the case of shares issued before 6 April 2007, Chapter 3 of Part 7 of ICTA (enterprise investment scheme), or

(b)

makes a claim in respect of them under Schedule 5B to TCGA 1992 (enterprise investment scheme: reinvestment).

F1(3A)

Subsection (2) does not apply if at any time the individual by whom the shares are acquired or the money is lent, or that individual's spouse or civil partner, makes—

(a)

a claim under Part 5B of this Act for relief in respect of the amount invested in acquiring the shares or (as the case may be) in return for the debentures in respect of the money lent, or

(b)

a claim in respect of the amount under Schedule 8B to TCGA 1992 (hold-over relief for gains re-invested in social enterprises).

(3B)

For the purposes of subsection (3A)(a) “debenture” includes any instrument creating or acknowledging indebtedness.

(4)

In this section and section 393—

  • F2“close company” includes a company which—

    1. (a)

      is resident in an EEA state F3..., and

    2. (b)

      if it were UK resident, would be a close company,

  • “close investment-holding company” F4is to be read in accordance with F5section 393A, and

  • “associated company” has the meaning given by F6section 449 of CTA 2010.

(5)

This section is subject to section 411 (ineligibility of interest where business is occupation of commercial woodlands).

Annotations

Textual amendments

F1

S. 392(3A)(3B) inserted (17.7.2014) by Finance Act 2014 (c. 26), Sch. 11 para. 10

F2

Words in s. 392(4) inserted (with effect in accordance with s. 13(5) of the amending Act) by Finance Act 2014 (c. 26), s. 13(2)(a)

F3

Words in s. 392(4) omitted (31.12.2020) by virtue of The Taxes (Amendments) (EU Exit) Regulations 2019 (S.I. 2019/689), regs. 1, 15(3) (with regs. 39-41); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in s. 392(4) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 521(a) (with Sch. 2)

F5

Words in s. 392(4) substituted (with effect in accordance with s. 13(5) of the amending Act) by Finance Act 2014 (c. 26), s. 13(2)(b)

F6

Words in s. 392(4) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 521(b) (with Sch. 2)

F7

Word in s. 392 heading inserted (with effect in accordance with s. 13(5) of the amending Act) by Finance Act 2014 (c. 26), s. 13(4)(c)

Notes on Loans for interests in close companies etc

Textual amendments

F1

Word in s. 392 cross-heading inserted (with effect in accordance with s. 13(5) of the amending Act) by Finance Act 2014 (c. 26), s. 13(4)(b)