EIM26102 | The benefits code: beneficial loans: when a chargeable benefit arises from a taxable cheap loan
From HM Revenue & Customs · Employment Income Manual
Section 175(1) and (2) ITEPA 2003
Subject to the exceptions summarised at EIM26132 a chargeable benefit arises when an employment-related loan (EIM26113) which is a taxable cheap loan is provided to an employee, except for 2015/16 and earlier one in an excluded employment (see EIM20007).
A taxable cheap loan is an employment-related loan
which is outstanding for all or part of the year in which the employee is in employment, and
no interest is paid on the loan, or the interest paid is less than is due at the official rate (EIM26104) of interest, and
none of the exceptions in sections 176-179 ITEPA applies (EIM26132).
It is not necessary for the loan to be advantageous to the recipient for a chargeable benefit to arise. It is sufficient if the cheap or interest-free loan is made by reason of his or her employment (see Williams v Todd (60TC727)).