Introductory provisions
80Taxation of loan relationships
(1)For the purposes of corporation tax all profits and gains arising to a company from its loan relationships shall be chargeable to tax as income in accordance with this Chapter.
(2)To the extent that a company is a party to a loan relationship for the purposes of a trade carried on by the company, profits and gains arising from the relationship shall be brought into account in computing the profits and gains of the trade.
(3)Profits and gains arising from a loan relationship of a company that are not brought into account under subsection (2) above shall be brought into account as profits and gains chargeable to tax under Case III of Schedule D.
(4)This Chapter shall also have effect for the purposes of corporation tax for determining how any deficit on a company’s loan relationships is to be brought into account in any case, including a case where none of the company’s loan relationships falls by virtue of this Chapter to be regarded as a source of income.
(5)Subject to any express provision to the contrary, the amounts which in the case of any company are brought into account in accordance with this Chapter as respects any matter shall be the only amounts brought into account for the purposes of corporation tax as respects that matter.
81Meaning of “loan relationship” etc
(1)Subject to the following provisions of this section, a company has a loan relationship for the purposes of the Corporation Tax Acts wherever—
(a)the company stands (whether by reference to a security or otherwise) in the position of a creditor or debtor as respects any money debt; and
(b)that debt is one arising from a transaction for the lending of money;
and references to a loan relationship and to a company’s being a party to a loan relationship shall be construed accordingly.
(2)For the purposes of this Chapter a money debt is a debt which falls to be settled—
(a)by the payment of money; or
(b)by the transfer of a right to settlement under a debt which is itself a money debt.
(3)Subject to subsection (4) below, where an instrument is issued by any person for the purpose of representing security for, or the rights of a creditor in respect of, any money debt, then (whatever the circumstances of the issue of the instrument) that debt shall be taken for the purposes of this Chapter to be a debt arising from a transaction for the lending of money.
(4)For the purposes of this Chapter a debt shall not be taken to arise from a transaction for the lending of money to the extent that it is a debt arising from rights conferred by shares in a company.
(5)For the purposes of this Chapter—
(a)references to payments or interest under a loan relationship are references to payments or interest made or payable in pursuance of any of the rights or liabilities under that relationship; and
(b)references to rights or liabilities under a loan relationship are references to any of the rights or liabilities under the agreement or arrangements by virtue of which that relationship subsists;
and those rights or liabilities shall be taken to include the rights or liabilities attached to any security which, being a security issued in relation to the money debt in question, is a security representing that relationship.
(6)In this Chapter “money” includes money expressed in a currency other than sterling.