Finance Act 1989

[F182D.Treatment of profits: life assurance — adjustment consequent on change in Insurance Prudential SourcebookU.K.

(1)This section applies in the case of—

(a)a company which is a non-profit company, or

(b)the non-profit fund of a company which is not a non-profit company,

if an amount [F2(“the relevant amount”)] is shown in paragraph 4(12) of Appendix 9.4 to the periodical return for the company for [F3a] period of account which ends on or after 31st December 2006 [F4but before 1st January 2009 (a “relevant period of account”)].

[F5(2)In computing profits [F6in accordance with the life assurance trade profits provisions]

(a)X shall be added to the closing liabilities of the company for the relevant period of account; and

(b)XA shall be brought into account as a trading receipt of the company for each subsequent period of account until the total sum of the amounts so brought into account is equal to X (and if that total sum would otherwise exceed X, the excess shall be ignored).

F7(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2B)X is—

(a)where the relevant period of account ends before 1st April 2007, the whole of the relevant amount;

(b)where the relevant period of account ends on or after 1st April 2007 but before 1st January 2008, two-thirds of the relevant amount;

(c)where the relevant period of account ends on or after 1st January 2008, one-third of the relevant amount.

(2C)XA is the amount found by the applying the following formula—

(Y/12) x Z

Here—

Y is the number of months in the period of account in question (part of a month being counted as a month); and

Z is—

(a)where X is the whole of the relevant amount, one-third of X;

(b)where X is two thirds of the relevant amount, one-half of X;

(c)where X is one third of the relevant amount, the whole of X.]

F8(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(4)In a case falling within subsection (1)(b) above, the relevant amount shall be reduced (but not below nil) by so much (if any) of the amount shown in paragraph 4(12) of Appendix 9.4 to the periodical return as is reflected in column 1 of line 51 of the Form 14 for that period of account relating to the non-profit fund in question.]

F10(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(6)This section is subject to sections 82E and 82F below.]]

Textual Amendments

F1S. 82D inserted (with effect in accordance with art. 1(2) of the amending S.I.) by The Insurance Companies (Corporation Tax Acts) (Amendment No. 2) Order 2006 (S.I. 2006/3387), arts. 1(1), 5

F2Words in s. 82D(1) substituted (with effect in accordance with art. 1(2) of the amending S.I.) by The Insurance Companies (Corporation Tax Acts) (Amendment) Order 2007 (S.I. 2007/1031), arts. 1(1), 12(2)(a)

F3Word in s. 82D(1) substituted (with effect in accordance with art. 1(2) of the amending S.I.) by The Insurance Companies (Corporation Tax Acts) (Amendment) Order 2007 (S.I. 2007/1031), arts. 1(1), 12(2)(b)

F4Words in s. 82D(1) inserted (with effect in accordance with art. 1(2) of the amending S.I.) by The Insurance Companies (Corporation Tax Acts) (Amendment) Order 2007 (S.I. 2007/1031), arts. 1(1), 12(2)(c)

F5Ss. 82D(2)-(2C) substituted for s. 82D(2) (with effect in accordance with art. 1(2) of the amending S.I.) by The Insurance Companies (Corporation Tax Acts) (Amendment) Order 2007 (S.I. 2007/1031), arts. 1(1), 12(3)

F6Words in s. 82D(2) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 342 (with Sch. 2 Pts. 1, 2)

F7S. 82D(2A) omitted (with effect in accordance with art. 1(2) of the amending S.I.) by virtue of The Insurance Business Transfer Schemes (Amendment of the Corporation Tax Acts) Order 2008 (S.I. 2008/381), arts. 1(1), 25

F8S. 82D(3) omitted (with effect in accordance with art. 1(2) of the amending S.I.) by virtue of The Insurance Companies (Corporation Tax Acts) (Amendment) Order 2007 (S.I. 2007/1031), arts. 1(1), 12(4)

F9S. 82D(4) substituted (with effect in accordance with art. 1(2) of the amending S.I.) by The Insurance Companies (Corporation Tax Acts) (Amendment) Order 2007 (S.I. 2007/1031), arts. 1(1), 12(5)

F10S. 82D(5) repealed (with effect in accordance with Sch. 10 para. 17(2) of the amending Act) by Finance Act 2007 (c. 11), Sch. 10 para. 8(2)(b), Sch. 27 Pt. 2(10)

F11S. 82D(6) added (with effect in accordance with art. 1(2) of the amending S.I.) by The Insurance Companies (Corporation Tax Acts) (Amendment) Order 2007 (S.I. 2007/1031), arts. 1(1), 12(6)