Section 177 — Income Tax (Earnings and Pensions) Act 2003: Exceptions for loans at fixed rate of interest

Exceptions for loans at fixed rate of interest 177 1 A fixed rate loan made on or after 6th April 1978 is not a taxable cheap loan by reason only of an increase in the official rate of interest since the year in which the loan was made if the condition in subsection (2) is met.

2 The condition in this subsection is met if the amount of interest paid on the loan for the tax year in which it was made was equal to or greater than the interest that would have been payable at the official rate for that year.

3 A fixed rate loan made before 6th April 1978 is not a taxable cheap loan if the condition in subsection (4) is met.

4 The condition in this subsection is met if the rate of interest for the loan is equal to or greater than the rate which could have been expected to apply to a loan made—

a at the same time as the loan in question, b on the same terms (other than as to the rate of interest),

and c between persons not connected with each other dealing at arm’s length.

5 In this section a “ fixed rate loan ” means a loan—

a made for a fixed period which cannot be changed, and b made at a fixed rate of interest which cannot be changed during that period.