The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004

Non-approved retirement benefit schemes

43.—(1) Section 76 of the Finance Act 1989(1) is amended as follows.

(2) In subsection (1) (no deduction in respect of expenses falling within subsection (1) or (2)) for the words from “and no expenses” to the end of the subsection substitute—

“and no expenses falling within either of those subsections shall be treated—

(a) for the purposes of section 75 of the Taxes Act 1988 (companies with investment business) as expenses of management, or

(b) for the purposes of section 76 of that Act (companies carrying on life assurance business) as expenses payable.”.

(3) In subsection (4) (no deduction unless sum actually expended) for paragraph (b) substitute—

“(b) under section 75 or 76 of the Taxes Act 1988,”.

(4) After subsection (4) insert—

“(4A) The reference in subsection (4) above to a sum being deducted shall be construed, so far as relating to section 76 of the Taxes Act 1988, as a reference to an amount being brought into account under that section as expenses payable.”.

(1)

There are amendments which are not relevant for present purposes. This section is prospectively repealed by the relevant entry in Part 3 of Schedule 42 to the Finance Act 2004.