CTM61710 | Close companies: loans to participators: companies controlled by a close company

From HM Revenue & Customs · Company Taxation Manual

makes sure that a loan made by a company (whether a close company or not) which is controlled by a close company, is chargeable under . It does not operate where applies (see ).

A loan by a company controlled by a close company to a participator in the controlling company is normally chargeable directly under . This will be the case if the lending company is close because the definition of ‘participator’ in includes participators in the controlling company.

, however, does not by itself charge a loan made by a company which is not close (for example because it is non-resident).

So, for example, a non-resident subsidiary company may be set up or acquired and loans made to participators in the parent company. A loan out of money subscribed for share capital or out of existing funds of that subsidiary to a participator of the close company is brought within by .