Finance Act 2006

Creditor relationships and benefit derived by connected persons

16 (1) After section 93B of FA 1996 insert—

“93C Creditor relationships and benefit derived by connected persons

(1) This section applies in the case of any loan relationship which is a creditor relationship of a company (“company C”) if—

(a) the return to company C from the relationship is less than a return (a “commercial return”) on an investment of money at a commercial rate of interest,

(b) another company (“company P”) that is connected with company C directly or indirectly derives any benefit as a result of any arrangements made in consequence of, or otherwise in connection with, the relationship, and

(c) that benefit is designed to represent some or all of the amount by which the return to company C from the relationship is less than a commercial return.

(2) The credits to be brought into account by company C in respect of the relationship for the purposes of this Chapter must be determined on the basis of fair value accounting.

(3) The fair value of company C’s rights under the relationship must include the fair value of the benefit which is derived by company P as a result of the arrangements.

(4) Section 839 of the Taxes Act 1988 (connected persons) applies for the purposes of this section.

(5) In this section—

• “arrangements” includes any agreement or understanding (whether or not legally enforceable);

• “benefit” includes value in any form.

(6) In determining for the purposes of subsection (1)(a) the return to company C from the relationship, any benefit which company C derives directly or indirectly from the benefit derived by company P as mentioned in subsection (1)(b) is to be disregarded.”.

(2) The amendment made by this paragraph has effect in relation to loan relationships to which a company is a party on or after 22nd March 2006.

(3) But amounts are to be brought into account for the purposes of Chapter 2 of Part 4 of FA 1996 as a result of that amendment only if the amounts relate to any time on or after that date.