Income and Corporation Taxes Act 1988

PART I U.K. MEANING OF “OBTAINED BY REASON OF EMPLOYMENT”

1 (1) M1 Subject 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) M2 A 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) M3 A 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) [F1 M4 Sub-paragraphs (2) and (4) above do] not apply to a loan made by F2 . . . an individual, and shown to have been made in the normal course of his domestic, family or personal relationships.

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F2 Words in Sch. 7 para. 1(5) repealed (with effect in accordance with s. 88(5)(6) of the amending Act) by Finance Act 1994 (c. 9), s. 88(4)(a), Sch. 26 Pt. 5(5), Note

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)

2 M5 In paragraph 1 above—

(a) references to a loan being made by any person include references to his assuming the rights and liabilities of the person who originally made the loan and to his arranging, guaranteeing or in any way facilitating the continuation of a loan already in existence;

(b) “employer” includes a prospective employer; and

(c) “company”, except in the expression “close company”, includes a partnership.

Marginal Citations

M5 Source—1976 Sch.8 4