Modifications etc. (not altering text)
C1Pt. 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)
C2Pt. 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)
C3Pt. 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)
C4Pt. 13 Ch. 2 modified (9.4.2003) by Finance Act 2003 (c. 14), s. 171(1)(3), Sch. 34 para. 3
C5Pt. 13 Ch. 2 modified (9.4.2003) by Finance Act 2003 (c. 14), s. 171(1)(3), Sch. 34 para. 15
M1(1)Subject to subsection (2) below, where such an excess as is mentioned in section 541(1)(a) or (b) [F1, 543(1)(c) or 546C(7)(b)]—
(a)would be treated as a gain arising in connection with a policy or contract, and
(b)would form part of an individual’s total income for the year of assessment in which the final year ends,
a corresponding deficiency occurring at the end of the final year shall be allowable as a deduction from his total income for that year of assessment, so far as it does not exceed [F2the allowable amount].
[F3(1A)The allowable amount is the total of any amounts that—
(a)were treated as a gain by virtue of section 541(1)(d), 543(1)(c) or 546C(7) on the previous happenings of chargeable events, and
(b)formed part of that individual’s total income for a previous year of assessment.]
(2)Except where the deficiency mentioned in subsection (1) above occurs in connection with a contract for a life annuity made after 26th March 1974 [F4but in an accounting period of the insurance company or friendly society beginning before 1st January 1992,] the deduction allowable under that subsection shall be made only for the purposes of ascertaining the individual’s excess liability, that is to say, the excess (if any) of his liability to income tax over what it would be if all income tax [F5not chargeable [F6at the starting rate]][F7were chargeable at the basic rate, or (so far as applicable in accordance with [F8section 1A]) the lower rate [F9or the Schedule F ordinary rate],] to the exclusion of [F10the higher rate and the Schedule F upper rate].
(3)In this section “final year” has the same meaning as in section 546.
Textual Amendments
F1Words in s. 549(1) substituted (with effect in accordance with s. 83(2) of the amending Act) by Finance Act 2001 (c. 9), Sch. 28 para. 13
F2Words in s. 549(1) substituted (with effect in accordance with s. 140(4)-(6) of the amending Act) by Finance Act 2004 (c. 12), s. 140(2)
F3S. 549(1A) inserted (with effect in accordance with s. 140(4)-(6) of the amending Act) by Finance Act 2004 (c. 12), s. 140(3)
F4Words in s. 549(2) substituted by Finance Act 1991 (c. 31, SIF 63:1), s. 48, Sch. 7 para. 9(4)
F5Words in s. 549(2) inserted (16.7.1992) by Finance (No. 2) Act 1992 (c. 48), s. 19(3)(7)
F6Words in s. 549(2) substituted (with application in accordance with s. 22(12) of the amending Act) by Finance Act 1999 (c. 16), s. 22(9)(a)
F7Words in s. 549(2) substituted (27.7.1993 with effect for the year 1993-94 and subsequent years of assessment) by 1993 c. 34, s. 79, SCh. 6 paras. 6, 25(1)
F8Words in s. 549(2) substituted (with effect in accordance with Sch. 6 para. 28 of the amending Act) by Finance Act 1996 (c. 8), Sch. 6 para. 13
F9Words in s. 549(2) inserted (with effect in accordance with Sch. 4 para. 13(2) of the amending Act) by Finance (No. 2) Act 1997 (c. 58), Sch. 4 para. 13(1)(a)
F10Words in s. 549(2) substituted (with effect in accordance with Sch. 4 para. 13(2) of the amending Act) by Finance (No. 2) Act 1997 (c. 58), Sch. 4 para. 13(1)(b)
Marginal Citations
M1Source-1975 Sch.2 19; 1975 (No.2) s.40