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Finance Act 1989

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88 Corporation tax: policy holders’ fraction of profits.U.K.

(1)Subject to subsection (2) below, in the case of a company carrying on life assurance business, the rate of corporation tax chargeable for any financial year on

[F1(a)the policy holders’ share of the relevant profits for any accounting period, or

(b)where the business is mutual business, the whole of those profits,

shall] be deemed to be the rate at which income tax at the basic rate is charged for the year of assessment which begins on 6th April in the financial year concerned.

(2)Subsection (1) above does not apply in relation to profits charged under Case I of Schedule D.

(3)For the purposes of subsection (1) above, the relevant profits of acompany for an accounting period are the total profits of its life assurancebusiness, less any deduction due under section 76 of the Taxes Act 1988, butbefore allowing any relief under Chapter II or Chapter IV of Part X of thatAct.

(4)In determining for the purposes of section 13 of the Taxes Act 1988 (small companies’ relief) the profits and basic profits (within the meaning of that section) of an accounting period of a company carrying on life assurance business, the policy holders’ [F2share] of the company’s relevant profits for that period [F3, or where the business is mutual business the whole of those profits,] shall be left out of account.

(5)This section has effect with respect to the profits of a company for accounting periods beginning on or after 1st January 1990 (including the 1990 component period); and, for this purpose, the profits of the 1990 component period shall be taken to be that portion of the profits of the straddling period which the length of the 1990 component period bears to the length of the straddling period.

Textual Amendments

F1Finance Act 1990 (c. 29), s. 45(1)(10)deemedalways to have had effect. Previously

“the policy holders' fractionof its relevant profits for any accounting period shall”

F2Finance Act 1990 (c. 29), s. 45(2)(10)deemedalways to have had effect. Previously

“fraction”

F3Finance Act 1990 (c. 29), s. 45(2)(10)deemedalways to have had effect

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