Income and Corporation Taxes Act 1988

452 Special reserve funds. U.K.

(1) M1 If in the case of Lloyd’s—

(a) arrangements are made for the setting up in relation to each underwriting member of such a special reserve fund as is referred to in the following provisions of this section and sections 453 to 456; and

(b) the arrangements comply with the requirements of this section and sections 453 to 455, are approved by the Board and are certified by the Secretary of State to be in the public interest;

then, subject to section 456(4), the provisions of this section and sections 453 to 456 relating to taxation shall have effect in relation to any underwriting member.

(2) M2 The arrangements must provide for the setting up, in relation to the underwriter, of a special reserve fund vested in trustees who have control over it and power to invest the capital thereof and to vary the investments.

(3) Where part of the business of the underwriter is carried on through an underwriting agent and part is not so carried on, or where different parts of his business are carried on through different underwriting agents, the arrangements may provide for separate special reserve funds being constituted in relation to the different parts of his business.

(4) The arrangements must provide—

(a) M3 for the income arising from the investments of the underwriter’s special reserve fund or funds being held on trust for the underwriter, his personal representatives or assigns; and

(b) M4 that, on the underwriter ceasing to carry on his business, the capital of his special reserve fund or funds, so far as not required for giving effect to the requirements of section 453, shall be paid over to the underwriter or his personal representatives or assigns.

(5) M5 The arrangements must be such as to secure that if, for an underwriting year corresponding to a year of assessment during the whole or any part of which the underwriter continues to carry on his business (subject to section 456(4)), the underwriter makes a profit from his business, he has the right to make, into his special reserve fund or funds, payments (“permissible payments”) the gross amount of which is not in the aggregate greater than £7,000 or 50 per cent. of the profit, whichever is the less, or such less sum as may be specified in the arrangements.

(6) M6 The amount of any permissible payment shall be notified to the inspector not later than 12 months after the date at which the accounts of the business for that underwriting year are deemed by the Board to be closed for the purposes of the arrangements, and no permissible payment shall be made more than 30 days after the date on which the inspector has notified his agreement in writing or, if later, 30 days after the expiration of those 12 months.

(7) M7 Where the underwriter carries on his business during part only of the year of assessment referred to in subsection (5) above, the maximum gross amount of the permissible payments shall be reduced by the application thereto of the proportion which the part of that year of assessment for which he is entitled to profits from the business bears to a full year.

(8) M8 In subsection (5) above “profit” means a profit computed in the manner in which the profits or gains of the business of the underwriting year in question would fall to be computed under [F1 in accordance with section 450] if—

(a) income arising from the investments forming part of the premiums trust fund of the underwriterF2 his special reserve fund or funds and any other fund required or authorised by the rules of Lloyd’s or required by the underwriting agent through whom the business or any part thereof is carried on, to be kept in connection with the business fell to be taken into account; and

(b) all shares of the profits of the business and all charges related to those profits or to the income mentioned in paragraph (a) above, being shares and charges payable to persons other than the underwriter and not otherwise taken into account, fell to be deducted.

[F3 In paragraph (a) above “income” includes—

(a)

annual profits or gains chargeable to tax by virtue of section 714(2) or 716(3),

(b)

amounts treated as income chargeable to tax by virtue of paragraph 4 of Schedule 4, and

(c)

F4 amounts treated as income chargeable to tax by virtue of paragraph 5 of Schedule 11 to the Finance Act 1989].

Textual Amendments

F1 1988(F) s.61(1)(d)for 1988-89and subsequent years. Previously

“Case I of Schedule D”.

F2 Repealed by 1988(F) s.61(1)(d)for 1988-89and subsequent years.

F3 1989 s.96(1)on and after 14March 1989in relation to certain deep discount securities and deep gain securities. Previously

“In paragraph (a) above “income” includes annual profits or gains chargeable to tax by virtue of section 714(2) or 716(3).”

F4 See 1988(F) s.61(2)for amendment of 1970 Sch.10 para.7(3)for 1986-87and 1987-88.

Modifications etc. (not altering text)

C1 Ss. 450-456 applied (6.3.1992 with effect as mentioned in s. 289(1)(2) of the amending Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 209(1), 289 (with ss. 60, 101(1), 171, 201(3))

Marginal Citations

M1 Source—1970 Sch.10 1

M2 Source—1970 Sch.10 5

M3 Source—1970 Sch.10 6

M4 Source—1970 Sch.10 10

M5 Source—1970 Sch.10 7(1), (2)

M6 Source—1970 Sch.10 7(1)(a); 1973 Sch.16 8, 10

M7 Source—1970 Sch.10 7(1)(b)

M8 Source—1970 Sch.10 7(3)