Corporation Tax Act 2010

Loan treated as made by close company U.K.

460 Loan treated as made by close company U.K.

(1) This section applies if a company (C) which is controlled by another company makes a loan or advance which, apart from this section, does not give rise to a charge to tax under section 455.

(2) If C is controlled by a close company at the time the loan or advance is made, sections 455 to 459 apply as if the loan or advance had been made by the close company.

(3) If C is not controlled by a close company at that time but a close company subsequently acquires control of it, sections 455 to 459 apply as if the loan or advance had been made by the close company immediately after the time when it acquired control.

(4) If two or more close companies together control C or together acquire control of C, subsection (2) or (as the case may be) subsection (3) is to have effect—

(a) as if each of them controlled C, and

(b) as if the loan or advance had been made by each of those close companies.

But the loan or advance is to be apportioned between those close companies in such proportion as may be appropriate having regard to the nature and amount of their respective interests in C.

(5) For an exception to this section, see section 461.

(6) See also section 462 (determination of particular questions as a result of this section).

(7) References in this section and sections 461 and 462 to a company making a loan include references to cases in which the company is, or if it were a close company would be, regarded as making a loan because of section 455(4).

461 Exception to section 460 U.K.

(1) Section 460 does not apply if it is shown that no person has made any arrangements (otherwise than in the ordinary course of a business carried on by the person) as a result of which there is a connection—

(a) between—

(i) the making of the loan or advance, and

(ii) the acquisition of control, or

(b) between—

(i) the making of the loan or advance, and

(ii) the provision by the close company of funds for C.

(2) The close company is to be treated for the purposes of subsection (1) as providing funds for C if it directly or indirectly makes a payment or transfers property to, or releases or satisfies (in whole or in part) a liability of, C.

462 Determination of particular questions as a result of section 460 U.K.

(1) This section applies if, as a result of section 460, sections 455 to 459 have effect as if a loan or advance made by C had been made by another company.

(2) Any question under those sections whether—

(a) the company making the loan or advance did so in the ordinary course of a business carried on by it which includes the lending of money,

(b) the loan or advance or part of it has been repaid to the company, or

(c) the company has released or written off the whole or part of the debt in respect of the loan or advance,

is to be determined by reference to C.