Section 29 Loans - modifications of exemptions
£8.04 on Kindle |
£20 eBook download |
(1) If or to the extent that a transfer of value is a disposition whereby the use of money or other property is allowed by one person to another (“the borrower”), the preceding provisions of this Chapter shall apply to it with the following modification.
(2) For the purposes of section 18 the borrower's estate shall be treated as increased by an amount equal to the value transferred; and section 18(3) shall not apply.
(3) For the purposes of sections 20 and 22 the transfer of value shall be treated as made by outright gift.
(4) Section 21(1) shall apply as if for the conditions stated in paragraphs (a) and (b) there were substituted the condition that the transfer was a normal one on the part of the transferor.
(5) For the purposes of sections 23 [to 25]1—
(a) the value transferred shall be treated as attributable to the property of which the borrower is allowed the use, and
(b) that property shall be treated as given to, or as becoming the property of, the borrower unless the use allowed includes use for purposes other than charitable purposes or those of a body mentioned in section 24 [or 25]1 [or where it is land, of a body mentioned in section 24A]2
and sections 23(2) to (6), 24...3, (3) and (4), [24A(3)]4 [and 25(2)]5 shall not apply.
Amendments
1 Substituted by Finance Act 1998 section 143(2) in relation to transfers of value made on or after 17 March 1998.
2 Substituted by Finance Act 1989 section 171(3) in relation to transfers of value made on or after 14 March 1989.
3 Repealed by Finance Act 1988 section 148 and Schedule 14 Part X from 14 March 1988.
4 Substituted by Finance Act 1989 section 171(3) in relation to transfers of value made on or after 14 March 1989.
5 Substituted by Finance Act 1998 section 143(2) in relation to transfers of value made on or after 17 March 1998.



