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HMRC internal manual

Capital Gains Manual

Losses: loans to traders: recoveries 20/3/90: guarantee payments

TCGA92/S253 (6)Where a payment is made under a guarantee, the guarantor normally assumes the original lender’s rights as against the borrower in respect of the payment made. Any recovery from the original borrower will give rise to a charge under Section 253 (5). It is not inconceivable, however, that the guarantor may receive reimbursement from, for example, the original lender who may have recovered other moneys from the borrower. Because that would not be a recovery of the principal or interest, it would not be caught by subsection (5). Section 253 (6), introduced by FA90/S83, therefore imposes a general charge on guarantee payments recovered on or after 20 March 1990.