Income and Corporation Taxes Act 1988

458 Capital redemption business. U.K.

(1) M1 Where any person carries on capital redemption business in conjunction with business of any other class, the capital redemption business shall, for the purposes of the Corporation Tax Acts (including the provisions about corporation tax on chargeable gains) and the Income Tax Acts, be treated as a separate business from any other class of business carried on by that person.

(2) In ascertaining whether and to what extent any person has incurred a loss on his capital redemption business for the purposes of section 380 or sections 393 and [F1 393A(1)]—

(a) any profits derived from investments held in connection with the capital redemption business (including franked investment income of [F2 , and foreign income dividends arising to,] a company resident in the United Kingdom) shall be treated as part of the profits of that business, and

(b) in determining whether any, and if so what, relief can be given under section 385(4) in the case of capital redemption business, the loss which may be carried forward under subsection (1) of that section shall be similarly computed.

(3) In this section “capital redemption business” means the business (not being life assurance business F3 . . . ) of effecting and carrying out contracts of insurance, whether effected by the issue of policies, bonds or endowment certificates or otherwise, whereby, in return for one or more premiums paid to the insurer, a sum or a series of sums is to become payable to the insured in the future.

(4) This section shall not apply to any capital redemption business in so far as it consists of carrying out contracts of insurance effected before 1st January 1938.

Textual Amendments

F1 Words in s. 458(2) substituted by Finance Act 1991 (c. 31, SIF 63:1), s. 73(3)-(5), Sch. 15 para. 16

F2 Words in s. 458(2)(a) inserted (3.5.1994) by Finance Act 1994 (c. 9), Sch. 16 para. 7

F3 Words in s. 458(3) repealed (with effect in accordance with Sch. 41 Pt. 5(26) Note of the repealing Act) by Finance Act 1996 (c. 8), Sch. 41 Pt 5(26)

Modifications etc. (not altering text)

C1 S. 458 amended (27.7.1993) by 1993 c. 34, s. 78(6)(11)

Marginal Citations

M1 Source—1970 s.324