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Legislation
Corporation Tax Act 2009

Crossheading Deemed debt releases on impaired debts becoming held by connected company

  • Section 361 Acquisition of creditor rights by connected company at undervalue
  • Section 361A The corporate rescue exception
  • Section 361B The debt-for-debt exception
  • Section 361C The equity-for-debt exception
  • Section 361D Corporate rescue: debt released shortly after acquisition
  • Section 362 Parties becoming connected where creditor's rights subject to impairment adjustment etc
  • Section 362A Corporate rescue: debt released shortly after connection arises
  • Section 363 Companies connected for sections 361 to 362A
  • Section 363A Arrangements for avoiding section 361 or 362
  1. Deemed debt releases on impaired debts becoming held by connected company
  2. The equity-for-debt exception

Section 361C | The equity-for-debt exception

From legislation.gov.uk

(1)For the purposes of section 361 the “equity-for-debt exception” applies if the following two conditions are met.

(2)The first condition is that the acquisition is an arm's length transaction.

(3)The second condition is that the consideration given by C for the acquisition consists only of—

(a)shares forming part of the ordinary share capital of C,

(b)shares forming part of the ordinary share capital of a company connected with C, or

(c)an entitlement to shares within paragraph (a) or (b).

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