Finance Act 2007

Part 2 U.K.Transitional provisions

Unused pre-commencement section 76(12) etc excessesU.K.

28U.K.Step 7 in subsection (7) of section 76 of ICTA applies in relation to an insurance company for the first accounting period beginning on or after 1st January 2007 for which the profits of the life assurance business are charged to tax under the I minus E basis as if the amounts carried forward to the accounting period under subsection (12) of that section included—

(a)any excess such as is mentioned in that subsection relating to the company for an accounting period beginning on or after 1st April 2004 but not later than 1st January 2007 which was not brought into account for the next accounting period in accordance with Step 7 in subsection (7) of that section, and

(b)any excess such as was mentioned in subsection (3) of section 75 of ICTA relating to the company for an accounting period beginning before 1st April 2004 which was not deducted for the succeeding accounting period in accordance with that section (as applied by section 76 of that Act).

Shifts in basis of taxation at first post-commencement accounting periodU.K.

29(1)This paragraph applies where—U.K.

(a)the profits of the life assurance business of an insurance company for the first accounting period of the company beginning on or after 1st January 2007 (“the first accounting period”) are charged to tax in accordance with Case I of Schedule D by virtue of subsection (3)(b) of section 431G of ICTA, but

(b)the profits of the life assurance business of the company for the preceding accounting period were charged to tax under the I minus E basis.

(2)The amount of the losses available to be set off under section 393 of ICTA against the profits of the first accounting period is the amount of any loss under section 436, 439B or 441 of ICTA carried forward to that period by virtue of Part 2 of Schedule 7 to this Act.