PART XIII MISCELLANEOUS SPECIAL PROVISIONS
C1C2C3C4C5C6C7C8CHAPTER II LIFE POLICIES, LIFE ANNUITIES AND CAPITAL REDEMPTION POLICIES
Pt. 13 Ch. 2 applied (with modifications) (6.4.1999) by The Individual Savings Account Regulations 1998 (S.I. 1998/1870), regs. 35(7), 36(3)-(7) (as amended by The Individual Savings Account (Amendment) Regulations 1998 (S.I. 1998/3174), reg. 12)
Pt. 13 Ch. 2 applied (with modifications) (6.4.1999 with effect in accordance with reg. 1 of the affecting S.I.) by The Personal Portfolio Bonds (Tax) Regulations 1999 (S.I. 1999/1029), reg. 6(2)-(8) (as amended (6.4.2002) by The Personal Portfolio Bonds (Tax) (Amendment) Regulations 2002 (S.I. 2002/455), regs. 1, 2)
Pt. 13 Ch. 2 modified (9.4.2003) by Finance Act 2003 (c. 14), s. 171(1)(3), Sch. 34 para. 3
Pt. 13 Ch. 2 modified (9.4.2003) by Finance Act 2003 (c. 14), s. 171(1)(3), Sch. 34 para. 15
Pt. 13 Ch. 2 modified (6.4.2005) by The Child Trust Funds Regulations 2004 (S.I. 2004/1450), regs. 1, 2(1), 38(3)-(8); S.I. 2004/3369, art. 2(1)
Pt. 13 Ch. 2 modified (20.7.2005) by Finance (No. 2) Act 2005 (c. 22), Sch. 7 para. 14(5)-(7)
Pt. 13 Ch. 2 modified (with effect in accordance with Sch. 13 para. 5 of the modifying Act) by Finance Act 2008 (c. 9), Sch. 13 para. 6
F1546B Special provision in respect of certain section 546 excesses
1
This section applies in relation to a policy or contract in any case where—
a
a section 546 excess occurs at the end of any year (including the final year, whether or not ending with a terminal chargeable event); and
b
the condition in subsection (2) below is satisfied in relation to that year.
F2This subsection is subject to subsection (1A) below.
F31A
In the case of a policy which is a qualifying policy (whether or not the premiums under the policy are eligible for relief under section 266) this section applies only if—
a
the section 546 excess occurs within the time described in section 540(1)(b)(i); or
b
the policy has been converted into a paid-up policy within that time.
2
The condition is that—
a
during the year there has been an assignment for money or money’s worth of part of or a share in the rights conferred by the policy or contract; or
b
during the year there has been both—
i
an assignment, otherwise than for money or money’s worth, of the whole or part of or a share in the rights conferred by the policy or contract; and
ii
an earlier surrender of part of or a share in the rights conferred by the policy or contract.
3
Where this section applies—
a
the occurrence of the section 546 excess shall be treated for the purposes of this Chapter as not being a chargeable event; but
b
the amount of the section 546 excess shall be charged to tax in accordance with the provisions of section 546C.
4
In this section—
“final year” has the meaning given by section 546(4);
“section 546 excess”, in relation to any year, means an excess, occurring at the end of the year, of—
- a
the reckonable aggregate value mentioned in subsection (2) of section 546, over
- b
the allowable aggregate amount mentoned in subsection (3) of that section;
- a
“terminal chargeable event” means any chargeable event other than—
a
an assignment for money or money’s worth of the whole of the rights conferred by the policy or contract;
b
the occurrence of a section 546 excess; or
c
a chargeable event by virtue of section 546C(7)(a);
“year” has the meaning given by section 546(4).
Pt. 13 Ch. 2 restricted (with effect in accordance with s. 105(1) of the affecting Act) by Finance Act 1996 (c. 8), Sch. 13 para. 3(2) (with Sch. 13 para. 16)