Corporation Tax Act 2010

Taxation of debtor on release of loan to trustees of settlement which has ended U.K.

463 Taxation of debtor on release of loan to trustees of settlement which has ended U.K.

(1) This section applies if each of conditions A to D is met.

(2) Condition A is that a company (X) is or was chargeable to tax under section 455 (charge to tax in the case of loan to participator) in respect of a loan or advance made to the trustees of a settlement.

(3) Condition B is that X releases or writes off the whole or part of the debt in respect of the loan or advance.

(4) Condition C is that the person from which the debt was due at the time of the release or writing off is a company (Y).

(5) Condition D is that the release or writing off takes place after the settlement has ended.

(6) When the release or writing off takes place, Y is treated as receiving an amount to which the charge to corporation tax on income applies.

[F1 (7) The amount which Y is treated as receiving is equal to the amount released or written off.]

Textual Amendments

F1 S. 463(7) substituted (with effect in accordance with Sch. 1 para. 73 of the amending Act) by Finance Act 2016 (c. 24), Sch. 1 para. 31

464 Section 463: other person treated as releasing or writing off debt U.K.

(1) This section applies if sections 455 to 459 have effect under section 460 (loan treated as made by close company) as if a loan or advance had been made by a company (“A”), rather than the company (“B”) which—

(a) actually made it,

(b) is regarded as having made it under section 455(4) (deemed loan where debt incurred or assigned to close company), or

(c) would be so regarded if it were a close company.

(2) If the whole or part of the debt is released or written off by B, A rather than B is treated, for the purposes of section 463, as releasing it or writing it off.