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Legislation
Income Tax (Earnings and Pensions) Act 2003

Chapter 3C Securities acquired for less than market value

  • Section 446Q Application of this Chapter
  • Section 446R Case outside this Chapter
  • Section 446S Notional loan
  • Section 446T Amount of notional loan
  • Section 446U Discharge of notional loan
  • Section 446UA Pre-acquisition avoidance cases
  • Section 446V Chapter to be additional to other income tax charges
  • Section 446W Definitions
  1. Chapter 3C
  2. Notional loan

Section 446S | Notional loan F1

From legislation.gov.uk

(1)Where this Chapter applies an interest-free loan (“the notional loan”) is to be treated as having been made to the employee by the employer at the time of the acquisition.F1

(2)The provisions listed in subsection (3) apply as though the notional loan were an employment-related loan as defined in section 174 if and for so long as the employment has not terminated.F1

(3)The provisions are—F1

section 175 (benefit of taxable cheap loan treated as earnings),

section 178 (exception for loans where interest qualifies for tax relief),

section 180 (threshold for benefit of loan to be treated as earnings),

section 182 (normal method of calculation: averaging),

section 183 (alternative method of calculation),

section 184 (interest treated as paid),

section 185 (apportionment of cash equivalent in case of joint loan etc), and

section 187 (aggregation of loans by close company to director).

(4)This section is not affected by section 554Z2(2).F1F2

Notes

  1. F1

    Pt. 7 Ch. 3C inserted (with effect in accordance with Sch. 22 para. 7(2) of the amending Act) by Finance Act 2003 (c. 14), Sch. 22 para. 7(1)

  2. F2

    S. 446S(4) inserted (with effect in accordance with Sch . 2 para. 52-59 of the amending Act) by Finance Act 2011 (c. 11), Sch. 2 para. 21

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