Income and Corporation Taxes Act 1988

461 Taxation in respect of other business. U.K.

(1) M1 Subject to the following provisions of this section, a registered friendly society other than a society to which subsection (2) below applies shall, on making a claim, be entitled to exemption from income tax and corporation tax (whether on income or chargeable gains) on its profits other than those arising from life or endowment business.

(2) M2 This subsection applies to any society registered after 31st May 1973 unless—

(a) its business is limited to the provision, in accordance with the rules of the society, of benefits for or in respect of employees of a particular employer or such other group of persons as is for the time being approved for the purposes of this section by the registrar; or

(b) it was registered before 27th March 1974 and its rules limit the aggregate amount which may be paid by a member by way of contributions and deposits to not more than £1 per month or such greater amount as the registrar may authorise for the purposes of this section;

and also applies to any society registered before 1st June 1973 with respect to which a direction under subsection (8) below is in force.

(3) M3 If a society to which subsection (2) above applies, after 26th March 1974 or such later date as may be specified in a direction under this section, makes a payment to a member in respect of his interest in the society and the payment is made otherwise than in the course of life or endowment business and exceeds the aggregate of any sums paid by him to the society by way of contributions or deposits, after deducting from that aggregate the amount of—

(a) any previous payment so made to him by the society after that date, and

(b) any earlier repayment of such sums paid by him,

the excess shall be treated for the purposes of corporation tax and income tax as a qualifying distribution.

(4) M4 Where a registered friendly society—

(a) at any time ceases by virtue of section 84 of the M5 Friendly Societies Act 1974 or by virtue of [F1 section 91 of the Friendly Societies Act 1992] (conversion into company) to be registered under [F2 either of those Acts]; and

(b) immediately before that time was exempt from income tax or corporation tax on profits arising from any business carried on by it other than life or endowment business,

the company into which the society is converted shall be so exempt on its profits arising from any part of that business which relates to contracts made before that time so long as there is no increase in the scale of benefits which it undertakes to provide in the course of carrying on that part of its business.

(5) For the purposes of the Corporation Tax Acts any part of a company’s business in respect of the profits from which the company is exempt by virtue of subsection (4) above shall be treated as a separate business from any other business carried on by the company.

(6) M6 If—

(a) a friendly society registered before 1st June 1973 begins after 26th March 1974 to carry on business other than life or endowment business or, in the opinion of [F3 the Commission], begins to carry on business other than life or endowment business on an enlarged scale or of a new character; and

(b) it appears to [F4 the Commission], having regard to the restrictions imposed by this section on friendly societies registered later, that for the protection of the revenue it is expedient to do so;

[F3 the Commission] may serve a notice on the society referring to the provisions of this subsection and stating that [F3 the Commission] is considering the question whether, for the protection of the revenue, it is expedient to give a direction that subsection (2) above shall apply to the society as from the date of the notice.

(7) [The Commission] shall consider any representations or undertakings made or offered to [F3 the Commission]by the society within the period of one month from service of the notice, and if the society so requests shall afford it an opportunity of being heard by [F3 the Commission]not later than three weeks after the end of that period.

(8) If, after consideration of any such representations or undertakings, [F3 the Commission] remains of the opinion that it is expedient to do so, [F3 the Commission]shall direct that subsection (2) above shall apply to the society as from the date of the notice, but subject to any further direction given by [F3 the Commission] cancelling that direction.

[F5 (8A) In this section “the Commission” means the Friendly Societies Commission.]

(9) A friendly society may, within one month from the giving of a direction under subsection (8) above, appeal against it to the court to which or person to whom it might appeal under section 92 of the Friendly Societies Act 1974 F6 . . . against cancellation of its registration.

(10) For the purposes of this section a registered friendly society formed on the amalgamation of two or more friendly societies shall be treated as registered before 1st June 1973 if at the time of the amalgamation subsection (2) above did not apply to any of the societies amalgamated, but otherwise shall be treated as registered at that time.

Textual Amendments

F1 Words in s. 461(4)(a) substituted (19.2.1993) by Finance (No. 2) Act 1992 (c. 48), s. 56, Sch. 9 para. 6; S.I. 1993/236, art. 2

F2 Words in s. 461(4)(a) substituted (19.2.1993) by Finance (No. 2) Act 1992 (c. 48), s. 56, Sch. 9 para. 6; S.I. 1993/236, art. 2

F3 Words in s. 461(6)-(8) substituted (1.2.1993) by Friendly Societies Act 1992 (c. 40), s. 120(1), Sch. 21 Pt. I para. 10(a)(with ss. 7(5), 93(4)); S.I. 1993/16, art. 2, Sch. 3

F4 Words in s. 461(6)-(8) substituted (1.2.1993) by Friendly Societies Act 1992 (c. 40), s. 120(1), Sch. 21 Pt. I para. 10(a)(with ss. 7(5), 93(4)); S.I. 1993/16, art. 2, Sch. 3

F5 S. 461(8A) inserted (1.2.1993) by Friendly Societies Act 1992 (c. 40), s. 120(1), Sch. 21 Pt. I para. 10(b); S.I. 1993/16, art. 2, Sch. 3

F6 Words in s. 461(9) repealed (1.1.1994) by Friendly Societies Act 1992 (c. 40), s. 120(1), Sch. 22 Pt. I; S.I. 1993/2213, Sch. 6 APPENDIX

Marginal Citations

M1 Source—1970 s.332(1); 1974 s.27(1)(a)

M2 Source—1974 s.27(2)

M3 Source—1974 s.27(1)(b)

M4 Source—1970 s.332(11), (12)(b); 1976 s.48(1)

M5 1974 c. 46.

M6 Source—1974 s.27(3)—(7); 1985 s.41(10); 1987 Sch.15 6