Finance Act, 2001

Amendment of section 130 (matters to be treated as distributions) of Principal Act.

85.—(1) Section 130 of the Principal Act is amended by the insertion after subsection (2) of the following:

“(2A) For the purposes of subsection (2)(d)(iii)(I), the consideration given by the company for the use of the principal received shall not be treated as being to any extent dependent on the results of the company's business or any part of the company's business by reason only of the fact that the terms (however expressed) of the security provide—

(a) for the consideration to be reduced in the event of the results improving, or

(b) for the consideration to be increased in the event of the results deteriorating.”.

(2) This section applies to payments made on or after 15 February 2001.