Section 302 | “Loan relationship”, “creditor relationship”, “debtor relationship”

(1)For the purposes of the Corporation Tax Acts a company has a loan relationship if—

(a)the company stands in the position of a creditor or debtor as respects any money debt (whether by reference to a security or otherwise), and

(b)the debt arises from a transaction for the lending of money.

(2)References to a loan relationship and to a company being a party to a loan relationship are to be read accordingly.

(3)For cases where this Part applies as if a relationship were a loan relationship despite the money debt not arising from a transaction for the lending of money see Chapter 2 of Part 6 (relevant non-lending relationships).

(4)See also the following provisions of Part 6 (under which other matters are treated as loan relationships or rights, payments or profits under loan relationships)—

(a)Chapter 3 (OEICs, unit trusts and offshore funds),

(b)Chapter 4 (building societies),

(c)Chapter 5 (registered societies),

(d)Chapter 6 (alternative finance arrangements),

(e)Chapter 7 (shares with guaranteed returns etc),

(f)Chapter 8 (returns from partnerships),

(g)Chapter 9 (manufactured interest etc),

(h)Chapter 10 (repos), and

(i)Chapter 11 (investment life insurance contracts).

(5)In this Part “creditor relationship”, in relation to a company, means any loan relationship of the company where it stands in the position of a creditor as respects the debt in question.

(6)In this Part “debtor relationship”, in relation to a company, means any loan relationship of the company where it stands in the position of a debtor as respects the debt in question.