Part 6Relationships treated as loan relationships etc

Chapter 7Shares with guaranteed returns etc

Non-qualifying shares

526Non-qualifying shares

1

This section applies to the share held by the investing company if—

a

it is a non-qualifying share (see subsection (2)),

b

it does not fall to be treated for the accounting period in question as if it were rights under a creditor relationship of the company because of section 490 (holdings in OEICs, unit trusts and offshore funds treated as creditor relationship rights), and

c

section 130 (traders receiving distributions etc) does not apply in relation to distributions in respect of the share.

2

A share is a non-qualifying share for the purposes of this section if one or more of the following conditions is met—

a

the increasing value condition,

b

the redemption return condition, and

c

the associated transactions condition.

3

In this Chapter—

  • “the increasing value condition” has the meaning given in section 527,

  • “the redemption return condition” has the meaning given in section 529, and

  • “the associated transactions condition” has the meaning given in section 532.