(1) Subject to subsection (2) below, an individual is a qualifying borrower with respect to the interest on any loan.
(2) In relation to interest paid at a time when the borrower or the borrower’s husband or wife holds an office or employment which would, but for some special exemption or immunity from tax, be a taxable employment under Part 2 of ITEPA 2003 (as defined by section 66(3) of that Act), the borrower is not a qualifying borrower.
(3) In subsection (2) above references to the borrower’s husband or wife do not include references to a separated husband or wife . . . .
(4) The following bodies are qualifying lenders:—
(a) a building society;
(b) a local authority;
(c) the Bank of England;
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to effect or carry out contracts of long-term insurance;
(f) any company to which property and rights belonging to a trustee savings bank were transferred by section 3 of the Trustee Savings Bank Act 1985;
(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h) a development corporation within the meaning of the New Towns Act 1981 or the New Towns (Scotland) Act 1968;
(j) the Homes and Communities Agency;
(ja) the Greater London Authority so far as exercising its housing or regeneration functions or its new towns and urban development functions;
(k) the Regulator of Social Housing,
(ka) the Secretary of State if the loan is made by him under section 79 of the Housing Associations Act 1985;
(l) the Northern Ireland Housing Executive;
(m) the Scottish Special Housing Association;
(n) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(o) the Church of England Pensions Board;
(p) any body which is for the time being registered under section 376A.
(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Board shall maintain, and publish in such manner as they consider appropriate, a register for the purposes of section 376(4).
(1A) The following are entitled to be registered—
(a) a person who has permission under Part 4A of the Financial Services and Markets Act 2000—
(i) to accept deposits; or
(ii) to effect or carry out contracts of general insurance;
(b) a 90 per cent subsidiary of a person mentioned in—
(i) section 376(4)(e); or
(ii) paragraph (a) above;
(c) any other body whose activities and objects appear to the Board to qualify it for registration.
(2) If the Board are satisfied that an applicant for registration is entitled to be registered, they may register the applicant generally or in relation to any description of loan specified in the register, with effect from such date as may be so specified; and a body which is so registered shall become a qualifying lender in accordance with the terms of its registration.
(3) The registration of any body may be varied by the Board—
(a) where it is general, by providing for it to be in relation to a specified description of loan, or
(b) where it is in relation to a specified description of loan, by removing or varying the reference to that description of loan,
and where they do so, they shall give the body written notice of the variation and of the date from which it is to have effect.
(4) If it appears to the Board at any time that a body which is registered under this section would not be entitled to be registered if it applied for registration at that time, the Board may by written notice given to the body cancel its registration with effect from such date as may be specified in the notice.
(5) The date specified in a notice under subsection (3) or (4) above shall not be earlier than the end of the period of 30 days beginning with the date on which the notice is served.
(6) Any body which is aggrieved by the failure of the Board to register it under this section, or by the variation or cancellation of its registration, may appeal, by notice given to the Board before the end of the period of 30 days beginning with the date on which the body is notified of the Board’s decision. . . .
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The Board may by regulations make provision—
(a) for the purposes of any provision of sections 369 to 376A which relates to any matter or thing to be specified by or done in accordance with regulations;
(b) for the application of those sections in relation to loan interest paid by personal representatives and trustees;
(c) with respect to the furnishing of information by borrowers or lenders, including, in the case of lenders, the inspection of books, documents and other records on behalf of the Board;
(d) for, and with respect to, appeals to the tribunal against the refusal of the Board to issue a notice under section 374(1)(b) or the issue of a notice under section 375(6) or (7); and
(e) generally for giving effect to sections 369 to 376A.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In sections 369 to 378—
“contracts of general insurance” means contracts which fall within Part I of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 and “contracts of long-term insurance” means contracts which fall within Part II of that Schedule;
“prescribed” . . . means prescribed by the Board;
“qualifying borrower” has the meaning given by section 376(1) to (3);
“qualifying lender” has the meaning given by section 376(4) . . . ;
“regulations” . . . means regulations made by the Board under section 378;
“relevant loan interest” has the meaning given by section 370(1);
“separated” means separated under an order of a court of competent jurisdiction or by deed of separation or in such circumstances that the separation is likely to be permanent.
398 Transactions in deposits with and without certificates or in debts.
Where a company sustains a loss on the exercise or disposal of a right to receive any amount, being a right to which section 56(2) . . . applies, in a case where—
(a) if a profit had arisen from that exercise or disposal, that profit would have been chargeable to corporation tax by virtue of section 56(2) . . . , and
(b) the company is chargeable to corporation tax under Part 5 of CTA 2009 (loan relationships) in respect of interest payable on that amount,
then the amount of that interest shall be included in the amounts against which the amount of its loss may be set off under section 91 of CTA 2010.