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Legislation
Corporation Tax Act 2010

Crossheading Receipts of value

  • Section 246 Value received by investor during 6 year period: loans
  • Section 247 Value received by investor during 6 year period: securities or shares
  • Section 248 Receipts of insignificant value to be added together
  • Section 249 When value is received
  • Section 250 The amount of value received
  • Section 251 Value received if there is more than one investment
  • Section 252 Effect of receipt of value on future claims
  • Section 253 Receipts of value by or from connected persons
  1. Receipts of value
  2. Value received by investor during 6 year period: loans

Section 246 | Value received by investor during 6 year period: loans

From legislation.gov.uk

(1)This section applies if the investment consists of a loan and the investor receives any value (other than an amount of insignificant value) from the CDFI during the 6 year period (see section 249 for provision about when value is received).

(2)The investor is treated for the purposes of—

(a)section 222 (determination of “invested amount”), and

(b)section 245 (repayments of loan capital),

as having received a repayment of the loan of an amount equal to the amount of the value received.

(3)For those purposes the repayment is treated as made—

(a)if the value is received in the first or second year of the 6 year period, at the beginning of that second year, and

(b)if the value is received in a later year of that period, at the beginning of the year in question.

(4)For the purposes of section 245 the repayment is treated as a repayment other than a non-standard repayment (within the meaning of that section).

(5)For the purposes of this section “an amount of insignificant value” means an amount of value which—

(a)is not more than £1,000, or

(b)if it is more than £1,000, is insignificant in relation to the average capital balance of the loan for the year of the 6 year period in which the value is received.

(6)For the purposes of subsection (5)(b)—

(a)“the average capital balance” of the loan for a year is the mean of the daily balances of capital outstanding during the year (ignoring the receipt of value in question), and

(b)any value received in the first year of the 6 year period is treated as received at the beginning of the second year of that period.

(7)This section is subject to section 251 (value received if there is more than one investment).

(8)Value received is ignored, for the purposes of this section, so far as the CITR attributable to any loan, securities or shares in respect of any one or more accounting periods has already been reduced or withdrawn on its account.

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