Taxation (International and Other Provisions) Act 2010

[F1 Exemption for tax-interest expense or income amounts U.K.

Textual Amendments

F1 Pt. 10: the existing Pt. 10 renumbered as Pt. 11 (except for ss. 375, 376 which are repealed), the existing ss. 372-374, 377-382 renumbered as ss. 499-507 and a new Pt. 10 (ss. 372-498) inserted (with effect in accordance with Sch. 5 para. 25(1)-(3) of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 5 para. 1, 10(1)(2)(a)(3) (with Sch. 5 paras. 27, 32-34)

458 Co-operative and community benefit societies etc U.K.

(1) This section applies where—

(a) apart from this section, an amount would be a tax-interest expense amount or tax-interest income amount of a company as a result of meeting condition A in section 382 or 385 (loan relationships), and

(b) the amount meets that condition only because of section 499 of CTA 2009 (certain sums payable by co-operative and community benefit societies or UK agricultural or fishing co-operatives treated as interest under loan relationship).

(2) The amount is treated as not being a tax-interest expense amount or tax-interest income amount of the company.

459 Charities U.K.

(1) This section applies where—

(a) apart from this section, an amount would be a tax-interest expense amount of a company as a result of meeting condition A in section 382 (loan relationship debits),

(b) the creditor is a charity,

(c) the company is a wholly-owned subsidiary of the charity, and

(d) the charitable gift condition is met at all times during the accounting period in which the amount is (or apart from this Part would be) brought into account.

(2) The amount is treated as not being a tax-interest expense amount of the company.

(3) For the purposes of this section the “charitable gift condition” is met at any time at which, were the company to make a donation to the charity at that time, it would be a qualifying charitable donation (see section 190 of CTA 2010).

(4) In this section—

• “charity” has the same meaning as in Chapter 2 of Part 6 of CTA 2010 (see section 202 of that Act as read with Schedule 6 to FA 2010), and

• “the creditor” means the person who is party to the loan relationship in question as creditor.]