Commentary

D1.794 Loan relationships—Structured finance arrangements involving partnerships

Corporate tax
Corporate tax | Commentary

D1.794 Loan relationships—Structured finance arrangements involving partnerships

Corporate tax | Commentary

D1.794 Loan relationships—Structured finance arrangements involving partnerships

Anti-avoidance measures apply to counter two types of structured finance arrangements which involve the use of partnerships. The first of these, Type 2, concerns arrangements whereby a company transfers an asset to a partnership and the company is, or immediately following the transfer becomes, a member of the partnership. Following the transfer of the asset the lender or a person connected with the lender would then become a member of the partnership, or where the lender, or person connected with the lender, was already a member of the partnership there would be an increase in its entitlement to share the profits of the partnership.

The second provision, Type 3, applies where the asset which is the subject of the structured finance arrangement is already held by a partnership and the lender, or a person connected with a lender, becomes a member of the partnership, or where the lender or person connected with the lender is already a member of the partnership, there is an increase in that person's entitlement to share in the profits of the partnership.

Type 2

A finance arrangement will be a Type 2 finance arrangement where the following conditions are satisfied:

  1.  

    •     a person (the transferor) disposes of an asset (the security) under the arrangement to a partnership (the partnership)

  2.  

    •     the transferor (or person connected with the transferor) is a member of the partnership immediately after the disposal; this would cover a case where the transferor partner becomes a member

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