Part 5Loan Relationships

Chapter 18General and supplementary provisions

Connections between persons

470Section 469: supplementary provisions

1

For the purposes of conditions D and E in section 469 assets are taken to be of the same kind if they—

a

are treated as being of the same kind by the practice of any recognised stock exchange, or

b

would be so treated if dealt with on such an exchange.

2

For the purposes of condition E in section 469 an asset is beneficially owned by a connected company if there is a connection between—

a

the company which beneficially owns it, and

b

a company which stands in the position of a debtor as respects the money debt by reference to which any loan relationship represented by that asset exists.

3

Whether there is a connection for the purposes of subsection (2) at any time in an accounting period (“the relevant time”) is determined in accordance with section 466(2), (3), (5) and (6)—

a

applying the conditions in section 466(2) only at the relevant time, and

b

ignoring section 468.