The following Corporation Tax guidance note Produced by Tolley provides comprehensive and up to date tax information covering:
The loan relationships legislation applies to any ‘money debt’ arising from the lending of money entered into by a company, either as a lender or borrower. The rules are contained in CTA 2009, ss 292–569 (Parts 5 and 6).
Broadly, the tax treatment of loan relationship-related debits and credits is based on the amounts reflected in profit and loss in the company’s accounts (under GAAP), with debits generally being allowable and credits being taxable. However, there are a number of exceptions to this general rule. One of the most important exceptions is where the relevant loan relationship is between ‘connected companies’. For connected companies, any loan relationship debits are generally not allowable and any loan relationship credits are treated as not taxable. Connected companies are also prevented from using fair value accounting and must use amortised cost basis accounting for their loan relationships.
Typically, the tax analysis would first involve assessing whether the debt actually constitutes a loan relationship. In some situations, this will be obvious (for example, a normal loan evidenced by a loan agreement), but in other cases the analysis is more involved. Once it is established that the debt is within the scope of the loan relationship rules, it is then necessary to consider if the companies are connected and what this means in terms of the tax treatment.
This guidance note provides a practical approach to tackling the legislation in relation to the second step. For the first step on deciding whether the debt actually constitutes a loan relationship, see the What is meant by a loan relationship ― practical approach guidance note.
Outlined below is a suggested approach for tax advisers (both in-house and in practice) on how to determine whether two companies party to a loan relationship are connected. An explanation of the relevant consideration at each stage is provided, together with practical points to be aware of
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