CFM36080 | Loan relationships: partnerships: company partners and connected debtors

Company partners and connected debtor companies

A company partner may be ‘connected’ with a company that is a borrower. There are a number of consequences of this in the loan relationships rules. CFM35000 explains the tax consequences of ‘connection’ in the loan relationships rules.

Control

The company partner may be connected to a borrowing company through ‘control’ (CFM35110). Where companies are connected through control

• they must use the amortised cost basis (CFM35170)

• the creditor company is denied debits for impairment (CFM35300)

• the debtor company is subject to the late interest rule (CFM35800) and the postponement of debits on deeply discounted securities (CFM37250).

Participation

The company partner may be connected to the borrowing company by reason of being a participator in it. In such cases, the debtor company is subject to the late interest rule (CFM35800) and the postponement of debits on deeply discounted securities (CFM37270 and see also the example at CFM37310).

Major interest

The company partner may be connected to the borrowing company by reason of one having a ‘major interest’ in the other. In such cases, the debtor company is subject to the late interest rule (CFM35800) and the postponement of debits on deeply discounted securities (CFM37250).