Part 3 Exclusions

Part 3 Exclusions

Commercial transactions

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Chapter 2 of Part 7A of ITEPA 2003 does not apply by reason of a relevant step within paragraph 1 which is treated as being taken by a person (“Pâ€) if—

(a)     P is treated as taking a relevant step by that paragraph by reason of the payment of a sum of money by way of a loan,

(b)     the loan is (at the time it is made) a loan on ordinary commercial terms within the meaning of section 176 of ITEPA 2003, ignoring conditions B and C in that section, and

(c)     there is no connection (direct or indirect) between the relevant step and a tax avoidance arrangement.

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In section 554F of ITEPA 2003 (exclusions: commercial transactions), at the end insert—

“(6)     See paragraph 25 of Schedule 11 to F(No 2)A 2017 for provision about exclusions where a loan is made on ordinary commercial terms and the relevant step is within paragraph 1 of that Schedule.â€

Transfer of employment-related loans

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(1)     Chapter 2 of Part 7A of ITEPA 2003 does not apply by reason of a relevant step within paragraph 1 which is treated as being taken by a person

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