Valid from 19/07/2007
[F1431GCompany carrying on life assurance businessU.K.
(1)This section applies in relation to an insurance company which carries on life assurance business (whether or not it also carries on insurance business of any other kind).
(2)Subject as follows, the profits of the life assurance business for any accounting period shall be charged to tax under the I minus E basis.
(3)Where in the case of an insurance company for an accounting period either—
(a)all of its life assurance business is reinsurance business and none of that business is of a type excluded from this subsection by regulations made by the Board, or
(b)all, or substantially all, of its life assurance business is gross roll-up business,
the profits of that business for the accounting period shall be charged to tax in accordance with Case I of Schedule D and not otherwise.
(4)Where—
(a)the profits of the life assurance business of an insurance company for any accounting period are charged to tax under the I minus E basis, and
(b)had those profits been charged to tax in accordance with Case I of Schedule D, a loss would have arisen to the company from that business for the period,
the loss (after being reduced in accordance with section 434A(2)(a)) may be set-off under section 393A or section 403(1).
(5)The application, in relation to the life assurance business of an insurance company, of any provision of Case I of Schedule D is not to be taken—
(a)to prevent the application of the I minus E basis in relation to that business of the company for any accounting period, or
(b)to affect the operation of the I minus E basis in relation to the that business of the company for any accounting period except as specifically provided by the Corporation Tax Acts.]
Textual Amendments
F1Ss. 431G, 431H and preceding cross-heading substituted for s. 432 and preceding cross-heading (with effect in accordance with s. 39(2) of the amending Act) by Finance Act 2007 (c. 11), Sch. 8 para. 4 (with Sch. 8 Pt. 2)
Modifications etc. (not altering text)
C1S. 431G modified by The Insurance Companies (Taxation of Reinsurance Business) Regulations 1995 (S.I. 1995/1730), reg. 12 (as amended (13.8.2007 with effect in accordance with reg. 1(2) of the amending S.I.) by The Insurance Companies (Taxation of Reinsurance Business) (Amendment) Regulations 2007 (S.I. 2007/2087), regs. 1(1), 8)