Finance Act 2004

Section 47

SCHEDULE 7 Insurance companies etc

Transfers of business

1 In section 444A(3ZA) of the Taxes Act 1988 (losses), for “343(2), (4),” substitute “343(4),”.

2 (1) Section 444AB of the Taxes Act 1988 (charge on transferor retaining assets) is amended as follows.

(2) In subsection (5) (which defines, as “the previously untaxed amount”, the amount which, or a fraction of which, is chargeable to tax), for paragraph (a) substitute—

“(a) if there are no retained liabilities, the fair value of the retained assets or, if there are, so much of the fair value of the retained assets as exceeds the amount of the retained liabilities, and”.

(3) After subsection (6) insert—

“(6A) In subsection (5) above—

(a) “the retained assets” means such of the assets held by the transferor immediately after the transfer as were assets of its long-term insurance fund immediately before the transfer; and

(b) “the retained liabilities” means such of the liabilities of the transferor immediately after the transfer as were included in column 1 of line 14, 17, 22, 31 or 38 of Form 14 in the periodical return of the transferor covering the period of account ending immediately before the transfer.”.

(4) Sub-paragraphs (1) to (3) have effect in relation to insurance business transfer schemes (within the meaning of section 444AB of the Taxes Act 1988) taking place on or after 17th March 2004.

3 (1) In the Taxes Act 1988, after section 444AB insert—

“444ABA Subsequent charge in certain cases within s.444AB

(1) This section applies where—

(a) section 444AB applies in relation to a transfer in the case of which there are retained liabilities, and

(b) in any accounting period of the transferor beginning after the day of the transfer there is a reduction in the amount of the retained liabilities occasioned otherwise than by the making of a payment in or towards their discharge.

(2) The transferor shall be charged to tax under Case VI of Schedule D in respect of the taxable amount as if it had been received by the transferor in the accounting period in which the reduction occurs.

(3) If the transferor was charged to tax on the profits of its life assurance business under Case I of Schedule D for the accounting period ending with the day of the transfer, the taxable amount is the whole amount of the reduction.

(4) Otherwise the taxable amount is the non-BLAGAB fraction of the amount of the reduction.

(5) The non-BLAGAB fraction of the amount of the reduction is the fraction of which—

(a) the numerator is the amount of the liabilities transferred, apart from those which are liabilities of basic life assurance and general annuity business, and

(b) the denominator is the amount of the liabilities transferred.

(6) Where in any accounting period of the transferor beginning after the transfer there is an increase in the amount of the retained liabilities, this section applies in relation to subsequent accounting periods of the transferor as if the amount of the retained liabilities were reduced by the amount of the increase.

(7) Where an amount is shown as post-transfer reduction liabilities in the transferor’s accounts for any accounting period beginning after the transfer, this section applies as if the amount of the retained liabilities at the end of that accounting period (and the beginning of the next) were increased by the amount so shown.

(8) In subsection (7) above “post-transfer reduction liabilities” means liabilities of the transferor to make payments to relevant persons which, in accordance with the terms of the insurance business transfer scheme, have arisen in consequence of a reduction in the amount of the retained liabilities at any time after the transfer.

(9) In subsection (8) above “relevant persons” means—

(a) if the transferor’s life assurance business immediately before the transfer was mutual business, persons who were policy holders or annuitants, or members of the transferor, at that time, and

(b) in any other case, persons who were policy holders or annuitants at that time.”.

(2) Sub-paragraph (1) has effect where section 444AB of the Taxes Act 1988 applies by reason of an insurance business transfer scheme (within the meaning of that section) taking place on or after 17th March 2004.

4 (1) In section 444AD of the Taxes Act 1988 (modification of section 83(2B) of the Finance Act 1989 (c. 26)), in subsection (4) (amount to which section 83(2B) is not to apply to be difference between value of assets of long-term insurance fund of transferee and element of line 15 figure representing transferor’s long-term insurance fund), for paragraph (a) substitute—

“(a) the fair value of such of the assets of the long-term insurance fund of the transferee immediately after the transfer as were assets of the transferor’s long-term insurance fund immediately before the transfer, is greater than”.

(2) Sub-paragraph (1) has effect in relation to insurance business transfer schemes taking place on or after 17th March 2004.

5 (1) In section 82(1) of the Finance Act 1989 (c. 26) (provisions applying for purposes of computations of profits in accordance with provisions applicable to Case I of Schedule D), for “and 82B” substitute “to 82C”.

(2) In that Act, after section 82B insert—

“82C Relevant financial reinsurance contracts

(1) This section applies where—

(a) an insurance company (“the company”) enters into a contract of reinsurance which is a relevant financial reinsurance contract, and

(b) either condition A or condition B is met.

(2) A contract of reinsurance is a relevant financial reinsurance contract if, under the contract—

(a) some or all of the liabilities reinsured may cease to be reinsured (without the cedant having any right of recovery against the reinsurer), or

(b) the cedant may become liable to pay premiums wholly or partly determined (directly or indirectly) by reference to any amount which the reinsurer becomes liable to pay to the cedant under the contract.

(3) Condition A is that the reduction in the company’s liabilities resulting from the reinsurance under the relevant financial reinsurance contract is not taken into account in calculating the profits of the company.

(4) Condition B is that—

(a) an insurance business transfer scheme has effect to transfer long-term business to the company,

(b) there is a deficiency of assets on the transfer,

(c) the liabilities reinsured under the relevant financial reinsurance contract are some or all of the liabilities to policy holders and annuitants transferred,

(d) the reduction of the company’s liabilities resulting from the reinsurance of those liabilities under the relevant financial reinsurance contract occurs during the period of account in which the transfer takes place, and

(e) the whole amount of the liabilities to policy holders and annuitants transferred is not taken into account as opening liabilities in calculating the profits of the company for that period of account.

(5) For the purposes of subsection (4)(b) above there is a deficiency of assets on the transfer if—

(a) the aggregate amount of the liabilities to policy holders and annuitants, and of any debts, which are transferred, exceeds

(b) the value of the assets transferred and brought into account in the long-term insurance fund of the company.

(6) The reinsurance offset amount for each period of account of the company beginning before the termination of the relevant financial reinsurance contract is to be taken into account as a receipt of the period of account.

(7) The reinsurance offset amount for a period of account is the amount of any decrease in the period of account in the difference between the full liabilities and the reduced liabilities where—

(a) “the full liabilities” is the amount which would be brought into account for the period as liabilities but for the relevant financial reinsurance contract, and

(b) “the reduced liabilities” is the amount of the liabilities actually so brought into account.

(8) But, in a case in which condition B is met, the total amount taken into account by virtue of subsection (6) above must not exceed the amount by which—

(a) the aggregate amount mentioned in paragraph (a) of subsection (5) above, exceeds

(b) the value referred to in paragraph (b) of that subsection.

(9) For the purposes of this section “insurance business transfer scheme” includes a scheme which would be such a scheme but for section 105(1)(b) of the Financial Services and Markets Act 2000 (which requires the business transferred to be carried on in an EEA State).”.

(3) Sub-paragraphs (1) and (2) have effect in relation to periods of account ending on or after 17th March 2004 (whether the insurance business transfer scheme takes place, or the relevant financial reinsurance contract is entered into, before or on or after that date).

Chargeable gains

6 (1) In section 210A(10) of the Taxation of Chargeable Gains Act 1992 (c. 12) (ring-fencing of losses: policy holders' share of chargeable gains or losses), in paragraph (b) (case where policy holders' share of relevant profits does not exceed BLAGAB profits), for “of the company for the accounting period bears to those relevant profits” substitute “for the accounting period bears to those BLAGAB profits”.

(2) Sub-paragraph (1) has effect in relation to accounting periods beginning on or after 17th March 2004.

Double taxation

7 In section 804B of the Taxes Act 1988 (double taxation relief: insurance companies carrying on more than one category of business), after subsection (7) insert—

“(7A) The Treasury may by regulations amend subsection (7) above; and the regulations may include amendments having effect in relation to accounting periods during which they are made.”.

Meaning of “referable”

8 (1) Section 432A of the Taxes Act 1988 (apportionment of income and gains) is amended as follows.

(2) In subsection (1), for “where in any period an insurance company carries on more than one category of business and it is necessary for the purposes of the Corporation Tax Acts to determine in relation to the period” substitute “for determining for the purposes of any provision of the Corporation Tax Acts in relation to any period for which an insurance company carries on business”.

(3) After that subsection insert—

“(1A) If the company carries on only one category of business in the period, all of the income and gains or losses referred to in subsection (1) above shall be referable to that category of business; but if the company carries on more than one category of business in the period, the following provisions shall apply.”.

(4) In subsection (2), for “subsection (1)” substitute “subsections (1) and (1A)”.

9 (1) In the following provisions of the Taxes Act 1988—

(a) section 438(1) (pension business), and

(b) section 439B(6) (life reinsurance business),

after “referable” insert “(in accordance with section 432A)”.

(2) In the following provisions of the Finance Act 1989 (c. 26) (which relate to the policy holders' share of profits)—

(a) section 88(3A)(a),

(b) the words within quotation marks in the portion of section 88(3B) preceding paragraph (a),

(c) the portion of section 89(1B) preceding paragraph (a), and

(d) section 89(2)(b),

after “referable” insert “(in accordance with section 432A of the Taxes Act 1988)”; and, in consequence of the amendment made by paragraph (b), in section 88(3B), for “referable to that business” substitute “so referable”.

(3) In the following provisions of the Taxation of Chargeable Gains Act 1992 (c. 12)—

(a) the definitions of “BLAGAB allowable losses” and “BLAGAB chargeable gains” in section 210A(13) (ring-fencing of losses),

(b) section 211ZA(10) (transfers of business: transfer of unused losses), and

(c) section 213(1A)(a) (spreading of gains and losses under section 212), after “referable” insert “(in accordance with section 432A of the Taxes Act)”.