Income and Corporation Taxes Act 1988

376 Qualifying borrowers and qualifying lenders. U.K.

(1) M1 Subject to subsection (2) below, an individual is a qualifying borrower with respect to the interest on any loan.

(2) In relation to interest paid at a time when the borrower or the borrower’s husband or wife holds an office or employment in respect of the emoluments of which he or she would but for some special exemption or immunity from tax be chargeable to tax under Case I, II or III of Schedule E, the borrower is not a qualifying borrower.

(3) In subsection (2) above references to the borrower’s husband or wife do not include references to a separated husband or wife, and for this purpose “separated” has the meaning given by section 367(1).

(4) M2 The following bodies are qualifying lenders:—

(a) a building society;

(b) a local authority;

(c) the Bank of England;

(d) the Post Office;

(e) a company which is authorised under section 3 or 4 of the M3 Insurance Companies Act 1982 to carry on in the United Kingdom any of the classes of business specified in Schedule 1 to that Act;

(f) any company to which property and rights belonging to a trustee savings bank were transferred by section 3 of the M4 Trustee Savings Bank Act 1985;

[F1 (g) a friendly society;]

(h) a development corporation within the meaning of the M5 New Towns Act 1981 or the M6 New Towns (Scotland) Act 1968;

(j) the Commission for the New Towns;

(k) the Housing Corporation;

[(ka) Housing for Wales]

(l) the Northern Ireland Housing Executive;

(m) the Scottish Special Housing Association;

(n) the Development Board for Rural Wales;

(o) the Church of England Pensions Board;

(p) any of the following which is prescribed under subsection (5) below, namely, an institution authorised under the M7 Banking Act 1987, a company which is authorised as mentioned in paragraph (e) above to carry on in the United Kingdom any of the classes of business specified in Schedule 2 to the Insurance Companies Act 1982, and a 90 per cent. subsidiary of any such institution or company or of a company within paragraph (e) above and any other body whose activities and objects appear to the Treasury to qualify it for inclusion in this paragraph.

[F2 (4A) In subsection (4)(g) above, “friendly society” means—

(a) a friendly society within the meaning of the Friendly Societies Act 1992 (including any society that by virtue of section 96(2) of that Act is to be treated as a registered friendly society within the meaning of that Act), or

(b) a registered branch within the meaning of that Act (including any branch that by virtue of section 96(3) of that Act is to be treated as a registered branch within the meaning of that Act).]

(5) M8 The Treasury may by order prescribe for the purposes of subsection (4) above generally or in relation to any specified description of loan any of the bodies referred to in paragraph (p) of subsection (4) above; and a body which is prescribed by such an order shall become a qualifying lender generally or, as the case may be, in relation to such description of loan as is specified in the order with effect from such date as may be so specified.

(6) M9 Without prejudice to subsection (4) above, in relation to interest to which section 370(3) applies, the person who, as a qualifying lender for the purposes of Part II of the M10 Housing Subsidies Act 1967 or Part VIII of the M11 Housing (Northern Ireland) Order 1981, was the lender in relation to the loan referred to in section 370(3) shall also be a qualifying lender.

Textual Amendments

F1 S. 376(4)(g) substituted (19.2.1993) by Finance (No. 2) Act 1992 (c. 48), s. 56, Sch. 9 paras. 3(2), 22; S.I. 1993/236, art.2

F2 S. 376(4A) inserted (19.2.1993) by Finance (No. 2) Act 1992 (c. 48), s. 56, Sch. 9 paras. 3(3), 22; S.I. 1993/236, art. 2

Modifications etc. (not altering text)

C1 For orders see Part III Vol.5 (under

“Interest Relief: qualifying lenders”).

Marginal Citations

M1 Source-1982 Sch.7 13

M2 Source-1982 Sch.7 14(1); 1983 s.17(3)

M3 1982 c. 50.

M4 1985 c. 50.

M5 1981 c.64.

M6 1968 c. 16.

M7 1987 c. 22.

M8 Source-1982 Sch.7 14(2); 1983 s.17(4); 1985 s.37(4)

M9 Source-1982 Sch.7 15

M10 1967 c. 29.

M11 S.I. 1981/156 (N.I.3).