Part 8Other reliefs
Chapter 1Interest payments
Loans for interests in employee-controlled companies
396Loan to buy interest in employee-controlled company
1
This section applies to a loan to an individual that is used in one or more of the ways specified in subsection (2).
2
The ways are—
F1a
acquiring part of the ordinary share capital of a company that first becomes an employee-controlled company—
i
after the date of acquisition, or
ii
not earlier than 12 months before that date, and
b
repaying another loan to which this section applies.
3
For the purposes of this section and section 397, a company is employee-controlled at any time when—
a
more than 50% of the issued ordinary share capital of the company is owned beneficially by persons who are full-time employees of the company, and
b
more than 50% of the voting power in the company is so owned.
4
If an individual owns beneficially more than 10% of the issued ordinary share capital of, or voting power in, a company, for the purposes of subsection (3) the excess is treated as being owned by an individual who is not a full-time employee of the company.
5
In this section and section 397 “full-time employee”, in relation to a company, means an individual the greater part of whose time is spent working as an employee or director of the company or of a 51% subsidiary of the company.
6
This section is subject to section 411 (ineligibility of interest where business is occupation of commercial woodlands).