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Official guidance
Company Taxation Manual

CTM61500 · Close companies: loans to participators and arrangements conferring benefit on participator

  • CTM61505 · General
  • CTM61510 · Charging provisions
  • CTM61515 · Meaning of ‘relevant person’
  • CTM61520 · Partnerships
  • CTM61525 · Loans to trusts
  • CTM61530 · Close companies: loans to participators: business of lending money
  • CTM61535 · Close companies: loans to participators: extended meaning of loan: debts
  • CTM61537 · Close companies: loans to participators: unpaid share capital
  • CTM61540 · Close companies: loans to participators: exclusion of certain loans
  • CTM61545 · Close companies: loans to participators: material interest
  • CTM61550 · Close companies: loans to participators: indirect loans
  • CTM61555 · Close companies: loans to participators: indirect loans: total income
  • CTM61558 · Close companies: Loans to participators: liquidations and dissolutions: general
  • CTM61559 · Close companies: Loans to participators: Members Voluntary Liquidations (MVL)
  • CTM61560 · Close companies: loans to participators: Insolvent liquidations and dissolutions
  • CTM61561 · Close companies: loans to participators: company insolvent and loan irrecoverable
  • CTM61565 · Close companies: loans to participators: aggregating accounts
  • CTM61570 · Close companies: arrangements conferring benefit on participators: TAAR: arrangements to which a close company becomes party on or after 20 March 2013
  • CTM61575 · Close companies: arrangements conferring benefit on participators: TAAR: tax avoidance arrangements
  • CTM61580 · Close companies: arrangements conferring benefit on participators: TAAR: benefit conferred
  • CTM61585 · Close companies: arrangements conferring benefit on participators: TAAR: benefit conferred: partnerships
  • CTM61600 · Close companies: loans to participators and arrangements conferring benefit on participators: repayment of - general
  • CTM61602 · Close companies: loans to participators and arrangements conferring benefit on participators: repayment of – repayment actually made?
  • CTM61604 · Close companies: loans to participators and arrangements conferring benefit on participators: repayment of - transfers of assets
  • CTM61605 · Close companies: loans to participators and arrangements conferring benefit on participators: Repayment of- assignment/novation
  • CTM61610 · Close companies: loans to participators and arrangements conferring benefit on participators: repayment of - date relief is due
  • CTM61615 · Close companies: loans to participators and arrangements conferring benefit on participators: repayment of - bed and breakfasting - general
  • CTM61620 · B&B -repayments made up to 19 March 2013
  • CTM61625 · Close companies: loans to participators and arrangements conferring benefit on participators: B&B - repayments made on or after 20 March 2013 and return payments made before 30 October 2024: general
  • CTM61630 · Close companies: loans to participators and arrangements conferring benefit on participators: B&B: 30 day rule
  • CTM61635 · Close companies: loans to participators and arrangements conferring benefit on participators: B&B: arrangements rule:
  • CTM61640 · Close companies: loans to participators and arrangements conferring benefit on participators: B&B repeated loans/repayments
  • CTM61642 · Close companies: loans to participators and arrangements conferring benefit on participators: B&B - Exclusions
  • CTM61645 · Close companies: loans to participators and arrangements conferring benefit on participators: B&B operation of S464ZA - flowchart
  • CTM61646 · Close companies: loans to participators and arrangements conferring benefit on participators: B&B operation of S464ZA- table
  • CTM61650 · Close companies: loans to participators and arrangements conferring benefit on participators: repayment of - claims for relief
  • CTM61655 · Close companies: loans to participators: release or writing-off of loan or advance
  • CTM61657 · Close companies: Loans to participators: release or writing-off of loan or advance while temporarily non-resident
  • CTM61660 · Close companies: loans to participators: release or writing off of loan or advance: Class 1 NIC
  • CTM61665 · Close companies: loans to participators: death of recipient
  • CTM61670 · Close companies: loans to participators: termination of a trust
  • CTM61700 · Close companies: loans to participators: by controlled companies
  • CTM61710 · Close companies: loans to participators: companies controlled by a close company
  • CTM61720 · Close companies: loans to participators: acquisition of control of company
  • CTM61730 · Close companies: loans to participators: two or more close companies
  • CTM61740 · Close companies: loans to participators: arrangements not caught
  • CTM61750 · Close companies: loans to participators: treating loan as made by another company
  • CTM61760 · Close companies: loans to participators and arrangements conferring benefit on participators: referrals for unusual schemes
  • CTM61790 · Assessments
  • CTM61587 · Close companies: arrangements conferring benefits on participators: TAAR: benefit conferred: partnerships: interaction CTA10/S464A and mixed member rules S850C/ITTOIA05
  1. Close companies: loans to participators and arrangements conferring benefit on participator: contents
  2. Close companies: loans to participators: release or writing off of loan or advance: Class 1 NIC

CTM61660 | Close companies: loans to participators: release or writing off of loan or advance: Class 1 NIC

From HM Revenue & Customs · Company Taxation Manual

As well as attracting a potential charge under ITTOIA05/S415, where the participator or associate is an employee, the amount released or written off will attract Class 1 NIC if it is remuneration or profit derived from an employment (section 3 (1) SSCBA 1992). This was confirmed in the First Tier Tribunal in Stewart Fraser Ltd v HMRC [2011] UKFTT 46 (TC).

An officer who finds that a loan to which CTA10/S455 applied has been wholly or partly written off or released should make a report to RIS Referrals. This report should:

  • refer to ITTOIA05/S415, to SSCBA92/S3 (1) and to this paragraph,

  • give the full name and address (and the tax reference, if known) of the person to whom the loan etc was made,

  • give the date the loan etc was released or written off and the amount released or written off,

  • give the name of the company that made the loan or advance

For the treatment on the death of the individual to whom the loan was made see CTM61665.

For the treatment on the termination of a trust see CTM61670.

For sums paid into settlement see ITTOIA05/S633; this treatment is not followed if S633 applies to the loan.

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