Section 187 | Tax treatment if actual interest exceeds arm's length interest

(1)Subsection (6) applies if the following conditions are met.

(2)Condition A is that interest is paid by any person under the actual provision.

(3)Condition B is that section 147(3) or (5) applies in relation to the actual provision.

(4)Condition C is—

(a)that the amount (“ALINT”) of interest that would have been payable under the arm's length provision is less than the amount of interest paid under the actual provision, or

(b)that there would not have been any interest payable under the arm's length provision (so that ALINT is nil).

(5)Condition D is that the person receiving the interest paid under the actual provision makes—

(a)a claim under section 174, or

(b)a section 182 claim.

(6)The interest paid under the actual provision, so far as it exceeds ALINT—

(a)is not to be regarded as chargeable under Chapter 2 of Part 4 of ITTOIA 2005,

(b)is not subject to the provisions of Part 15 of ITA 2007 (deduction of income tax at source), and

(c)is not required to be brought into account under Part 5 of CTA 2009 (loan relationships) as a non-trading credit.