SCHEDULES
F1F1F2SCHEDULE 7A Beneficial loans: loans on ordinary commercial terms
Sch. 7A inserted (with effect in accordance with s. 57(2) of the amending Act) by Finance Act 2000 (c. 17), s. 57(1), Sch. 10 para. 5(2)
Requirements relating to original loan
2
1
This paragraph applies to any loan and the relevant time for the purposes of this paragraph is the time the loan was made.
2
The requirements of this paragraph are—
a
that at the relevant time comparable loans were available to all those who might be expected to avail themselves of the services provided by the lender in the course of his business;
b
that a substantial proportion of the relevant loans were made to members of the public;
c
that the loan in question and comparable loans generally made by the lender at or about the relevant time to members of the public are held on the same terms; and
d
that if those terms differ from those applicable immediately after the relevant time they were imposed in the ordinary course of the lender’s business.
3
For the purposes of this paragraph a loan is comparable to another loan if it is made for the same or similar purposes and on the same terms and conditions.
4
The relevant loans for the purposes of sub-paragraph (2)(b) are—
a
the loan in question, and
b
comparable loans made by the lender at or about the relevant time.
5
In determining for the purposes of this paragraph whether any loans made by any person before 1st June 1994 are made on the same terms or conditions, or held on the same terms, there shall be left out of account any amounts, by way of fees, commission or other incidental expenses, incurred for the purpose of obtaining any of those loans by the persons to whom they are made.
Schs. 6, 6A, 7, 7A repealed (6.4.2003 with effect in accordance with s. 723(1) of the repealing Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 6 paras. 110, 111, Sch 8 Pt. 1 (with Sch. 7)