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Version Superseded: 22/03/2001
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Income and Corporation Taxes Act 1988, Section 434E is up to date with all changes known to be in force on or before 15 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F2(1)In this section “investment asset” means an asset which—
(a)is held by a company for the purposes of its life assurance business otherwise than for the management of that business, and
(b)is not let in the course of a Schedule A business or overseas property business.]
(2)The letting by a company of an investment asset shall be treated for the purposes of section 61 of the 1990 Act (machinery and plant on lease) as a letting otherwise than in the course of a trade [F3except where it is a letting of machinery or plant that is deemed to be a letting in the course of a trade by virtue of section 28A of that Act (Schedule A businesses etc.).]
(3)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Any allowance under the 1990 Act in respect of an investment asset shall be treated as referable to the category or categories of business to which income arising from the asset is or would be referable and shall be apportioned in accordance with section 432A in the same way as such income.
(5)No allowance under the 1990 Act in respect of an investment asset shall be taken into account—
(a)in computing the profits of any class of life assurance business under section 436, 439B or 441, or
(b)where the company is charged to tax in respect of its life assurance business under Case I of Schedule D, in computing the profits of that business.
(6)Where any allowance under the 1990 Act in respect of an investment asset falls to be taken into account (having regard to subsection (5) above), only such allowances as are referable to the company’s basic life assurance and general annuity business shall be given effect under section 145(1) of that Act, and then only against income referable to that business; and [F5neither section 145(3) nor section 403(1) shall apply].]
Textual Amendments
F1Ss. 434D, 434E inserted (with effect in accordance with Sch. 8 para. 57(1) of the amending Act) by Finance Act 1995 (c. 4), Sch. 8 para. 23(1) (with Sch. 8 para. 55(2))
F2S. 434E(1) substituted (with effect in accordance with s. 38(2)(3) of the amending Act) by Finance Act 1998 (c. 36), Sch. 5 para. 40(2) (with Sch. 5 para. 73)
F3Words in s. 434E(2) inserted (with effect in accordance with Sch. 15 para. 9(1) of the amending Act) by Finance Act 1997 (c. 16), Sch. 15 para. 8
F4S. 434E(3) repealed (with effect in accordance with s. 38(2)(3) of the repealing Act) by Finance Act 1998 (c. 36), Sch. 5 para. 40(3), Sch. 27 Pt. 3(4), Note (with Sch. 5 para. 73)
F5Words in s. 434E(6) substituted (with effect in accordance with s. 38(2)(3) of the amending Act) by Finance Act 1998 (c. 36), Sch. 5 para. 40(4) (with Sch. 5 para. 73)
Modifications etc. (not altering text)
C1S. 434E(6) modified (with effect in accordance with reg. 1(2) of the modifying S.I.) by The Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1997 (S.I. 1997/473), regs. 1(1), 18 (which reg. is omitted (1.1.2002) by virtue of The Friendly Societies (Modification of the Corporation Tax Acts) (Amendment) Regulations 2001 (S.I. 2001/3975), regs. 1, 5)
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