Income Tax (Earnings and Pensions) Act 2003

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(1)For the purposes of this Chapter an employment-related loan is a loan—

(a)made to an employee or a relative of an employee, and

(b)of a class described in subsection (2).

(2)For the purposes of this Chapter the classes of employment-related loan are—

A loan made by the employee’s employer.

A loan made by a company or partnership over which the employee’s employer had control.

A loan made by a company or partnership by which the employer (being a company or partnership) was controlled.

A loan made by a company or partnership which was controlled by a person by whom the employer (being a company or partnership) was controlled.

A loan made by a person having a material interest in—

(a)a close company which was the employer, had control over the employer or was controlled by the employer, or

(b)a company or partnership controlling that close company.

(3)In this section—

(4)References in this section to a loan being made by a person extend to a person who—

(a)assumes the rights and liabilities of the person who originally made the loan, or

(b)arranges, guarantees or in any way facilitates the continuation of a loan already in existence.

(5)A loan is not an employment-related loan if—

(a)it is made by an individual in the normal course of the individual’s domestic, family or personal relationships, or

(b)it is made to a relative of the employee and the employee derives no benefit from it.

(6)For the purposes of this section a person (“X”) is a relative of another (“Y”) if X is—

(a)Y’s spouse [F1or civil partner] ,

(b)a parent, child or remoter relation in the direct line either of Y or of Y’s spouse [F1or civil partner] ,

(c)a brother or sister of Y or of Y’s spouse [F1or civil partner] , or

(d)the spouse [F1or civil partner] of a person falling within paragraph (b) or (c).

Textual Amendments