Part 3Employment income: earnings and benefits etc. treated as earnings

C1Chapter 7Taxable benefits: loans

Annotations:
Modifications etc. (not altering text)
C1

Pt. 3 Ch. 7 extended (with modifications) (with effect in accordance with s. 97(3) of the amending Act) by Finance Act 2006 (c. 25), s. 97(1)(2)

Supplementary provisions relating to taxable cheap loans

184Interest treated as paid

1

This section applies where F1

a

the cash equivalent of the benefit of a taxable cheap loan is treated as earnings from an employee's employment for a tax year under section 175(1), or

b

the relevant amount in respect of the benefit of a taxable cheap loan is treated as earnings from an employee's employment for a tax year under section 175(1A).

2

The employee is to be treated for the purposes of the Tax Acts as having paid interest on the loan in that year equal to the cash equivalent.

3

But the employee is not to be treated as having paid that interest for the purposes of this Chapter or of any of F2the following Chapters of this Part—

  • Chapter 3 (taxable benefits: expenses payments);

  • Chapter 6 (taxable benefits: cars, vans and related benefits);

  • Chapter 10 (taxable benefits: residual liability to charge).

4

The interest is to be treated—

a

as accruing during the period in the tax year during which the employee holds the employment and the loan is outstanding, and

b

as paid by the employee at the end of the period.

5

The interest is not to be treated—

a

as income of the person making the loan, or

b

as relevant loan interest to which section 369 of ICTA applies (mortgage interest payable under deduction of tax).