349D Section 349A(1): consequences of reasonable but incorrect belief
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In force since 2026-04-01, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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Propose a change(1) Where a person pays interest in any year of assessment, that person, if he makes a claim to the relief, shall for that year of assessment be entitled (subject to . . . section 52 of ITTOIA 2005) to relief in accordance with this section in respect of so much (if any) of the amount of that interest as is eligible for relief under this section by virtue of section 365. (1A) Where a person is entitled for a year of assessment to relief under this section in respect of an amount of interest which is eligible for relief by virtue of section 365, the relief is given as a tax reduction for that tax year. (1AA) The amount of the tax reduction is 23% of the amount of the interest. (1AB) The tax reduction is given effect at Step 6 of the calculation in section 23 of ITA 2007. (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1E) Where any person is entitled for any year of assessment to relief . . . in respect of any amount of interest as is eligible for that relief partly as mentioned in subsection (1A) above and partly as mentioned in section 383 of ITA 2007 (relief for interest payments), that amount of interest shall be apportioned between the cases to which each of those provisions applies without regard to what parts of the total amount borrowed remain outstanding but according to . . . — (a) the proportions of the total amount borrowed which were applied for different purposes; . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and subsection (1A) above or section 383 of ITA 2007 shall apply accordingly to the case in which that subsection or section applies. (1F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1G) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1H) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) This section does not apply to a payment of relevant loan interest to which section 369 applies. (3) Relief under this section shall not be given in respect of— (a) interest on a debt incurred by overdrawing an account or by debiting the account of any person as the holder of a credit card or under similar arrangements; or (b) where interest is paid at a rate in excess of a reasonable commercial rate, so much of the interest as represents the excess. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Propose a change(1) Subject to the following provisions of this section, interest is eligible for relief under section 353 if it is interest on a loan in respect of which the following conditions are satisfied— (aa) that the loan was made before 9th March 1999; (a) that the loan was made as part of a scheme under which not less than nine-tenths of the proceeds of the loan were applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of two or more persons (“the annuitants”) who include the person to whom the loan was made; (b) that at the time the loan was made the person to whom it was made or each of the annuitants had attained the age of 65 years; (c) that the loan was secured on land in the United Kingdom or the Republic of Ireland and the person to whom it was made or one of the annuitants owns an estate or interest in that land; and (d) that, if the loan was made after 26th March 1974, the person to whom it was made or each of the annuitants used the land on which it was secured as his only or main residence immediately before 9th March 1999 . (1AA) Where— (a) a loan made on or after 9th March 1999 was made in pursuance of an offer made by the lender before that date, and (b) the offer was either in writing or evidenced by a note or memorandum made by the lender before that date, the loan shall be deemed for the purposes of subsection (1)(aa) above to have been made before that date. (1AB) Subject to subsection (1AC) below, the conditions in paragraphs (aa) and (a) of subsection (1) above shall be treated as satisfied in relation to a loan (“the new loan”) if— (a) the new loan was made on or after the day on which the Finance Act 1999 was passed; (b) the new loan was made as part of a scheme (“the scheme”) under which the whole or any part of the proceeds of the loan was used to defray money applied in paying off another loan (“the old loan”); and (c) the conditions in subsection (1) above were, or were treated by virtue of this subsection as, satisfied with respect to the old loan. (1AC) If only part of the proceeds of the new loan was used to defray money applied in paying off the old loan, subsection (1AB) above applies only if, under the scheme, not less than nine-tenths of the remaining part of the proceeds of the new loan was applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of two or more persons who include him. (1AD) In subsection (1AC) above “the remaining part” means the part of the proceeds of the new loan that was not used to defray money applied in paying off the old loan. (1A) The condition in subsection (1)(d) above shall be treated as satisfied in relation to a loan if— (a) the person to whom the loan was made, or any of the annuitants, ceased to use the land as his only or main residence at a time falling within the period of twelve months ending with 8th March 1999, and (b) the intention at that time of the person to whom the loan was made, or each of the annuitants owning an estate or interest in the land, was to take steps, before the end of the period of twelve months after the day on which the land ceased to be so used, with a view to the disposal of his estate or interest. (1B) If it appears to the Board reasonable to do so, having regard to all the circumstances of a particular case, they may direct that in relation to that case subsection (1A) above shall have effect as if for the reference to 12 months there were substituted a reference to such longer period as meets the circumstances of that case. (2) Interest is not eligible for relief by virtue of this section unless it is payable by the person to whom the loan was made or by one of the annuitants. (3) If the loan was made after 26th March 1974 interest on it is eligible for relief by virtue of this section only to the extent that the amount on which it is payable does not exceed the sum of £30,000; and if the interest is payable by two or more persons the interest payable by each of them is so eligible only to the extent that the amount on which it is payable does not exceed such amount as bears to that sum the same proportion as the interest payable by him bears to the interest payable by both or all of them.
Propose a change(1) A person who claims relief under section 353 in respect of any payment of interest shall furnish to the inspector a statement in writing by the person to whom the payment is made, showing— (a) the date when the debt was incurred; (b) the amount of the debt when incurred; (c) the interest paid in the year of assessment for which the claim is made . . . ; and (d) the name and address of the debtor. (2) Where any such interest as is mentioned in section 353 is paid, the person to whom it is paid shall, if the person who pays it so requests in writing, furnish him with such statement as regards that interest as is mentioned in subsection (1) above; and the duty imposed by this subsection shall be enforceable at the suit or instance of the person making the request. (3) Subsections (1) and (2) above do not apply to interest paid to a building society, or to a local authority.
Propose a change(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) In section 365(3) references to the qualifying maximum for the year of assessment are references to such sum as Parliament may determine for the purpose for that year.
Propose a change(1) Sections 353 and 365 have effect as if— (a) purchase and resale arrangements involved the making of a loan, and (b) alternative finance return were interest. (2) Section 366 has effect accordingly. (3) In this section— “alternative finance return” has the meaning given in sections 564I to 564L of ITA 2007, and “purchase and resale arrangements” means arrangements to which section 564C of ITA 2007 applies.
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Propose a change(1) If a person who is a qualifying borrower makes a payment of relevant loan interest to which this section applies, he shall be entitled, on making the payment, to deduct and retain out of it a sum equal to the applicable percentage thereof. (1A) In subsection (1) above “the applicable percentage” means 23 per cent.. (2) Where a sum is deducted under subsection (1) above from a payment of relevant loan interest— (a) the person to whom the payment is made shall allow the deduction on receipt of the residue; (b) the borrower shall be acquitted and discharged of so much money as is represented by the deduction as if the sum had been actually paid; and (c) the sum deducted shall be treated as income tax paid by the person to whom the payment is made. (3) The following payments, that is to say— (a) payments of relevant loan interest to which this section applies, and (b) payments which would be such payments but for section 373(5), shall not be allowable as deductions for any purpose of the Income Tax Acts except in so far as they fall to be treated as such payments by virtue only of section 375(2) and would be allowable apart from this subsection. (6) Sections 967(2) and 968(2) of CTA 2010 do not apply to a payment of relevant loan interest to which this section applies, but any person by whom such a payment is received shall be entitled to recover from the Board, in accordance with regulations, an amount which by virtue of subsection (2)(c) above is treated as income tax paid by him; and any amount so recovered shall be treated for the purposes of the Tax Acts in like manner as the payment of relevant loan interest to which it relates. (7) The following provisions of the Management Act, namely— (a) section 29(1)(c) (excessive relief) as it has effect apart from section 29(2) to (10) of that Act; (b) section 30 (tax repaid in error etc.) apart from subsection (1B), (c) section 86 (interest), and (d) section 95 (incorrect return or accounts), shall apply in relation to an amount which is paid to any person by the Board as an amount recoverable in accordance with regulations made by virtue of subsection (6) above but to which that person is not entitled as if it were income tax which ought not to have been repaid and, where that amount was claimed by that person, as if it had been repaid as respects a chargeable period as a relief which was not due. (8) In the application of section 86 of the Management Act by virtue of subsection (7) above in relation to sums due and payable by virtue of an assessment made for the whole or part of a year of assessment (“the relevant year of assessment”) under section 29(1)(c) or 30 of that Act, as applied by that subsection, the relevant date— (a) is 1st January in the relevant year of assessment in a case where the person falling within subsection (6) above has made a relevant interim claim; and (b) in any other case, is the later of the following dates, that is to say— (i) 1st January in the relevant year of assessment; or (ii) the date of the making of the payment by the Board which gives rise to the assessment. (9) In this section— “financial year”, in relation to any person, means a financial year of that person for the purposes of the relevant regulations; “interim claim” means an interim claim within the meaning of the relevant regulations; “relevant interim claim” means, in relation to an assessment made for a period coterminous with, or falling wholly within, a person’s financial year, an interim claim made for a period falling wholly or partly within that financial year; and “the relevant regulations” means regulations made under section 378(3) for the purposes of subsection (6) above.
Propose a change(1) Subject to this section and sections 373 to 376, in this Part “relevant loan interest” means interest which is paid and payable in the United Kingdom to a qualifying lender and to which subsection (2) . . . below applies. (2) Subject to subsection (4) below, this subsection applies to interest if, disregarding section 353(2) and any other provision applying to interest falling to be treated as relevant loan interest— (a) it is interest falling within section . . . 365; and (b) apart (where applicable) from section . . . 365(3), the whole of the interest would be eligible for relief under section 353;. . . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) In determining whether subsection (2) above applies to any interest, section 365 shall have effect as if the words “or the Republic of Ireland” were omitted. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Propose a change(1) The provisions of this section have effect in relation to a loan where, by virtue of . . . section 365(3), only part of the interest on the loan would (apart from section 353(2)) be eligible for relief under section 353; and in this section any such loan is referred to as a “limited loan”. (2) None of the interest on a limited loan is relevant loan interest unless— (a) the loan is made on or after 6th April 1987; or (b) the qualifying lender to whom the interest is payable has given notice to the Board in accordance with regulations that he is prepared to have limited loans of a description which includes that limited loan brought within the tax deduction scheme. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Where the condition in paragraph (a) or (b) of subsection (2) above is fulfilled . . . only so much of the interest as (apart from section 353(2)) would be eligible for relief under section 353 is relevant loan interest. (6) Where a loan on which interest is payable by the borrower was made jointly to the borrower and another person who is not the borrower’s husband or wife, the interest on the loan is not relevant loan interest unless— (a) each of the persons to whom the loan was made is a qualifying borrower; and (b) in relation to each of them considered separately, the whole of that interest is relevant loan interest, in accordance with section 370 and this section. (7) In subsection (6) above references to the borrower’s husband or wife do not include references to a separated husband or wife . . . .
Propose a change(1) Section 369 does not apply to any relevant loan interest unless— (a) in the case of a loan of a description specified by regulations for the purposes of this paragraph, the borrower or, in the case of joint borrowers, each of them has given notice to the lender in the prescribed form certifying— (i) that he is a qualifying borrower; and (ii) that the interest is relevant loan interest; and (iii) such other matters as may be prescribed; or (b) the Board have given notice to the lender and the borrower that the interest may be paid under deduction of tax; or (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) the loan to which the interest relates is of a description specified by regulations for the purposes of this paragraph and was made— (i) if sub-paragraph (2) of paragraph 2 of Schedule 7 to the Finance Act 1982 applied to interest on the loan which became due on or after a date earlier than 6th April 1983, being a date specified by the Board in pursuance of sub-paragraph (5) of that paragraph, before that earlier date; or (ii) if the qualifying lender is a building society or a local authority, before 1st April 1983; or (iii) if sub-paragraphs (i) and (ii) above do not apply and the interest falls within section 370(2), before 6th April 1983. (2) Where notice has been given as mentioned in paragraph (a) or (b) of subsection (1) above, section 369 applies to any relevant loan interest to which the notice relates and which becomes due on or after the relevant date, as defined by subsection (3) below; and in a case falling within paragraph . . . (d) of subsection (1) above, section 369 applies to the relevant loan interest referred to in that paragraph. (3) In subsection (2) above “the relevant date” means— (a) in the case of a notice under subsection (1)(a) above, the date the notice is given, and (b) in the case of a notice under subsection (1)(b) above, a date specified in the notice as being the relevant date (which may be earlier than the date so specified as the date from which the interest may be paid under deduction of tax).
Propose a change(1) This section applies where, in the case of any loan, interest on the loan never has been relevant loan interest or the borrower never has been a qualifying borrower. (2) Without prejudice to subsection (3) below, in relation to a payment of interest— (a) as respects which either of the conditions mentioned in paragraphs (a) and (b) of section 374(1) is fulfilled, and (b) from which a deduction was made as mentioned in section 369(1), section 369 shall have effect as if the payment of interest were a payment of relevant loan interest made by a qualifying borrower. (3) Nothing in subsection (2) above shall be taken as regards the borrower as entitling him to make any deduction or to retain any amount deducted and, accordingly, where any amount has been deducted, he shall be liable to make good that amount and an officer of the Board may make such assessments as may in his judgment be required for recovering that amount. (4) The Management Act shall apply to an assessment under subsection (3) above as if it were an assessment to income tax for the year of assessment in which the deduction was made . . . . (5) If the borrower fraudulently or negligently makes any false statement or representation in connection with the making of any deduction, he shall be liable to a penalty not exceeding the amount deducted.
Propose a change(1) If at any time— (a) the interest on a loan ceases to be relevant loan interest; or (b) a person making payments of relevant loan interest ceases to be a qualifying borrower; the borrower shall give notice of the fact to the lender. (2) Without prejudice to subsection (3) below, in relation to a payment of interest— (a) which is due after the time referred to in subsection (1) above and before the date on which notice is given under that subsection, and (aa) as respects which any of the conditions mentioned in section 374(1) is fulfilled, and (b) from which a deduction was made as mentioned in section 369(1), section 369 shall have effect as if the payment were a payment of relevant loan interest made by a qualifying borrower. (3) Nothing in subsection (2) above shall be taken as regards the borrower as entitling him to any deduction or to retain any amount deducted and, accordingly, where any amount that has been deducted exceeds the amount which ought to have been deducted, he shall be liable to make good the excess and an inspector may make such assessments as may in his judgment be required for recovering the excess. (4) The Management Act shall apply to an assessment under subsection (3) above as if it were an assessment to income tax for the year of assessment in which the deduction was made. (4A) If there is any unreasonable delay in the giving of a notice under subsection (1) above, the borrower shall be liable to a penalty not exceeding so much of the aggregate amount that he is liable to make good under subsection (3) above as is attributable to that delay. (5) If, as a result of receiving a notice under subsection (1) above or otherwise, a qualifying lender has reason to believe that any interest is no longer relevant loan interest or that a borrower is no longer a qualifying borrower, the lender shall furnish the Board with such information as is in his possession with respect to those matters. (6) Where it appears to the Board that any of the provisions of sections 370 to 373 is not or may not be fulfilled with respect to any interest, or that a qualifying borrower has or may have ceased to be a qualifying borrower, they shall give notice of that fact to the lender and the borrower specifying the description of relevant loan interest concerned or, as the case may be, that the borrower has or may have ceased to be a qualifying borrower. (7) Section 369 shall not apply to any payment of relevant loan interest of a description to which a notice under subsection (6) above relates and which becomes due or is made after such date as may be specified in the notice and before such date as may be specified in a further notice given by the Board to the lender and the borrower. (8) In any case where— (a) section 369 applies to any relevant loan interest by virtue of a notice under section 374(1)(b), and (b) the relevant date specified in the notice is earlier than the date from which the interest begins to be paid under deduction of tax, and (c) a payment of that interest was made on or after the relevant date but not under deduction of tax, regulations may provide for a sum to be paid by the Board of an amount equal to that which the borrower would have been able to deduct from that payment by virtue of section 369 if it had been made after the relevant date. (8A) In any case where an amount to which a person is not entitled is paid to him by the Board in pursuance of regulations made by virtue of subsection (8) above, regulations may— (a) provide for an officer of the Board to make such assessments as may in his judgment be required for recovering that amount from that person; and (b) make provision corresponding to that made by subsection (4A) above and subsections (4) and (5) of section 374A. (8B) Subsections (1), (5) and (6) above shall not apply where interest ceases to be relevant loan interest by virtue of section 38 of the Finance Act 1999. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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