Income and Corporation Taxes Act 1988

367 Provisions supplementary to sections 354 to 366. U.K.

(1) In sections 354 to 366 as they apply throughout the United Kingdom and in relation to the Republic of Ireland—

• “caravan” has the meaning given by section 29(1) of the M1 Caravan Sites and Control of Development Act 1960;

• M2 “dependent relative” means, in relation to any person, a relative of his, or of his spouse, who is incapacitated by old age or infirmity from maintaining himself, or the mother of that person, or of his spouse, if the mother is widowed or living apart from her husband, or, in consequence of dissolution or annulment of marriage, a single woman;

• “house-boat” means a boat or similar structure designed or adapted for use as a place of permanent habitation;

• F1 . . .

• “separated” means separated under an order of a court of competent jurisdiction or by deed of separation or in such circumstances that the separation is likely to be permanent; and

• “street works” means any works for the sewering, levelling, paving, metalling, flagging, channelling and making good of a road, and includes the provision of proper means for lighting a road.

(2) M3 Sections 354(1) and 360 to 364 do not apply to a loan unless it is made—

(a) in connection with the application of money, and

(b) on the occasion of, or within what is in the circumstances a reasonable time from, the application of the money;

and those sections do not apply to a loan the proceeds of which are applied for some other purpose before being applied as mentioned in those sections.

(3) M4 For the purposes of sections 354 to 364, the giving of credit for any money due from the purchaser under any sale shall be treated as the making of a loan to defray money applied by him in making the purchase.

(4) M5 Where part only of a debt fulfils the conditions required under sections 354 to 364 for interest on the debt to be eligible for relief under section 353, such proportion of the interest shall be treated as eligible for relief under that section as is equal to the portion of the debt fulfilling those conditions at the time of the application of the money in question.

(5) M6 In sections [F2 356A to 357] and 365(3) references to the qualifying maximum for the year of assessment are references to such sum as Parliament may determine for the purpose for that year.

Textual Amendments

F1 In s. 367(1): definition of "large caravan" repealed by Finance Act 1991 (c. 31, SIF 63:1), s. 123, Sch. 19, Pt. V, Note 6 (for year 1991-92 and subsequent years of assessment)

F2 Words in s. 367(5) substituted by Finance Act 1988 (c. 39), s. 42(3)(b).

Modifications etc. (not altering text)

C1 The definition in s.29(1)reads as follows:

“ “caravan” means any structure designed or adapted for human habitation which is capable of being moved from one place to another (whether by being towed or by being transported on a motor vehicle or trailer) and any motor vehicle so designed or adapted, but does not include—(a) any railway rolling stock which is for the time being on rails forming part of a railway system, or(b) any tent.”

C2 S. 367(5): £30,000 specified (1988-89) by Finance Act 1988 (c. 39), s. 41

S. 367(5): £30,000 specified (1989-90) by Finance Act 1989 (c. 26), s. 46

S. 367(5): £30,000 specified (1990-91) by Finance Act 1990 (c. 29), s. 71

S. 367(5): £30,000 specified (1991-92) by Finance Act 1991 (c. 31), s. 26

S. 367(5): £30,000 specified (1992-93) by Finance Act 1992 (c. 20), s. 10(4) (with s. 10(5))

S. 367(5): £30,000 specified (1993-94) by Finance Act 1993 (c. 34), s. 55

S. 367(5): £30,000 specified (1994-95, 1995-96) by Finance Act 1994 (c. 9), s. 80

S. 367(5): £30,000 specified (1996-97) by Finance Act 1996 (c. 8), s. 76

S. 367(5): £30,000 specified (1997-98) by Finance Act 1997 (c. 16), s. 57

S. 367(5): £30,000 specified (1998-99) by Finance (No. 2) Act 1997 (c. 58), s. 16

S. 367(5): £30,000 specified (1999-2000) by Finance Act 1999 (c. 16), s. 37

Marginal Citations

M1 1960 c. 62.

M2 Source-1972 Sch.9 5A, 9; 1974 Sch.1 3, 4(4)

M3 Source-1972 Sch.9 2; 1974 Sch.1 23

M4 Source-1972 Sch.9 14; 1974 Sch.1 23

M5 Source-1972 Sch.9 15; 1974 Sch.1 1, 23

M6 Source-1972 Sch.9 5(1A); 1984 s.22(1)(c)