SCHEDULES

SCHEDULE 11 U.K. Employment income provided through third parties: loans etc outstanding on 5 April 2019

PART 3 U.K. Exclusions

Commercial transactions U.K.

25 U.K. Chapter 2 of Part 7A of ITEPA 2003 does not apply by reason of a relevant step within paragraph 1 which is treated as being taken by a person (“P”) if—

(a) P is treated as taking a relevant step by that paragraph by reason of the payment of a sum of money by way of a loan,

(b) the loan is (at the time it is made) a loan on ordinary commercial terms within the meaning of section 176 of ITEPA 2003, ignoring conditions B and C in that section, and

(c) there is no connection (direct or indirect) between the relevant step and a tax avoidance arrangement.

26 U.K. In section 554F of ITEPA 2003 (exclusions: commercial transactions), at the end insert—

“(6) See paragraph 25 of Schedule 11 to F(No. 2)A 2017 for provision about exclusions where a loan is made on ordinary commercial terms and the relevant step is within paragraph 1 of that Schedule.”