The Overseas Insurers (Tax Representatives) (Amendment) Regulations 2008

Amendment of the Schedule: general

7.—(1) Amend the Schedule as follows.

(2) In paragraph 1—

(a) in the definition of “basic rate limit” for “section 1(3)(a) of the Taxes Act” substitute “section 20(2) of the Income Tax Act 2007”(1);

(b) omit the definition of “financial year”;

(c) in the definition of “gain”(2) for “section 541, 543, 545 or 546C” substitute “Chapter 9 of Part 4 of ITTOIA 2005”;

(d) omit the definition of “inspector”;

(e) omit the definition of “year of assessment”; and

(f) at the end insert—

““tax year” has the meaning given by section 4(2) of the Income Tax Act 2007.”.

(3) Omit paragraph 2.

(4) In paragraph 3—

(a) for “year of assessment” substitute “tax year” (in both places);

(b) omit “or where the policy holder is a company each financial year,”;

(c) for “inspector” substitute “Board”; and

(d) omit “or financial year”.

(5) In paragraph 4—

(a) for “Chapter II of Part XIII of the Taxes Act” substitute “Chapter 9 of Part 4 of ITTOIA 2005”; and

(b) for sub-paragraph (d) substitute—

“(d) by reason of which the aggregate sum payable, or other benefits to be conferred, by the overseas insurer exceeds twice the basic rate limit for the tax year in which it occurs.”.

(6) In paragraph 5—

(a) for “the year of assessment in which it occurs” substitute “the tax year in which it occurs”;

(b) omit “or for the year of assessment corresponding to the financial year in which it occurs, as the case may be,”;

(c) for “that year of assessment” substitute “that tax year”; and

(d) omit “or that financial year”.

(7) In paragraph 7(b)—

(a) for “year of assessment” substitute “tax year”;

(b) omit “, or where the policy holder is a company each financial year,”; and

(c) for “inspector” substitute “Board”.

(8) For paragraph 8(3) substitute—

“8.   For the purpose of this undertaking a relevant event is a chargeable event within the meaning of Chapter 9 of Part 4 of ITTOIA 2005 in respect of which an insurer is under an obligation to deliver a certificate under section 552.

8A.   For the purposes of this Part of this Schedule, in the determination of the amount of a gain in connection with a policy or contract, no account is to be taken of the effect of section 541A of ITTOIA 2005(4).”.

(9) In paragraph 9—

(a) for “in the year of assessment or financial year” substitute “in the tax year”;

(b) for “that year of assessment or for the year of assessment corresponding to that financial year” substitute “that tax year”; and

(c) for sub-paragraph (c) substitute—

“(c) both gains arise in the same tax year.”.

(10) In paragraph 10(5)—

(a) in sub-paragraph (e), for “550(3), apart from section 553(3)” substitute “536, apart from section 536(7), of ITTOIA 2005”; and

(b) in sub-paragraph (f)—

(i) omit “or lower”, and

(ii) for “547(5)(a), apart from section 553(8)” substitute “530, apart from section 528, of ITTOIA 2005”.

(1)

2007 c. 3.

(2)

The definition of “gain” was amended by S.I. 2001/2726 and 2002/443.

(3)

Paragraph 8 was substituted by S.I. 2002/443.

(4)

Section 541A was inserted by section 29(3) of the Finance Act 2007 (c. 11).

(5)

Paragraph 10 was amended by S.I. 2002/443 and 2004/3272.