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Legislation
Corporation Tax Act 2009

Chapter 8 Connected parties relationships: late interest

  • Section 372 Introduction to Chapter
  • Section 373 Late interest treated as not accruing until paid in some cases
  • Section 374 Connection between debtor and person standing in position of creditor
  • Section 375 Loans to close companies by participators etc
  • Section 376 Interpretation of section 375
  • Section 377 Party to loan relationship having major interest in other party
  • Section 378 Loans by trustees of occupational pension schemes
  • Section 379 Persons indirectly standing in the position of creditor
  1. Chapter 8 · Connected parties relationships: late interest
  2. Loans by trustees of occupational pension schemes

Section 378 | Loans by trustees of occupational pension schemes

From legislation.gov.uk

(1)The case to which this section applies is where—

(a)the loan is one made by trustees of an occupational pension scheme, and

(b)condition A, B or C is met.

(2)Condition A is that there is a time in the actual accrual period when the company which has the debtor relationship (“D”) is the employer of employees to whom the scheme relates.

(3)Condition B is that there is a connection between D and such an employer for the actual accrual period.

(4)Condition C is that a company is such an employer and there is a time in the actual accrual period when—

(a)D has a major interest in that company, or

(b)that company has a major interest in D.

(5)In this section “occupational pension scheme” has the meaning given in section 150(5) of FA 2004.

(6)Section 466 (companies connected for an accounting period) applies for the purposes of this section.

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