Finance Act 2000

Beneficial loans: exception of loan where whole of interest qualifies for relief

4 (1) After section 161 (exceptions from the charge to tax on beneficial loan arrangements), insert—

“161A Treatment of qualifying loans

(1) In this Chapter a “qualifying loan” means a loan made to a person where, assuming interest is paid on the loan (whether or not it is in fact paid), the whole or part of the interest paid on it for the year—

(a) is eligible for relief under section 353 or would be so eligible but for subsection (2) of that section, or

(b) is deductible in computing the amount of the profits to be charged—

(i) under Case I or II of Schedule D in respect of a trade, profession or vocation carried on by him, or

(ii) under Schedule A in respect of a Schedule A business carried on by him.

(2) Section 160(1) does not apply to a loan in any year in which, on the assumption mentioned in subsection (1) above, the whole of the interest paid on it is eligible for relief or deductible as mentioned in that subsection.”.

(2) In section 160—

(a) subsection (1C) shall cease to have effect, and

(b) in subsection (5), after “161” insert “, 161A”.