Part VI Companies, oil, insurance etc.

Chapter III Insurance

207 Disposal of assets in premiums trust fund etc.

1

Subject to subsection (6) below, the chargeable gains or allowable losses accruing on the disposal of assets forming part of a premiums trust fund shall be taken to be those allocated to the corresponding underwriting year.

2

The amount of the gains or losses so allocated at the end of any accounting period shall be such proportion of the difference mentioned in subsection (3) below as is allocated to the underwriting year under the rules or practice of Lloyd’s.

3

That difference is the difference between the valuations at the beginning and at the end of the accounting period of the assets forming part of the fund, the value at the beginning of the period of assets acquired during the period being taken as the cost of acquisition and the value at the end of the period of assets disposed of during the period being taken as the consideration for the disposal.

4

Subsection (5) below applies where the following state of affairs exists at the beginning of an accounting period or the end of an accounting period—

a

securities have been transferred after 18th August 1989 by the trustees of a premiums trust fund in pursuance of an arrangement mentioned in section 129(1) or (2) of the Taxes Act (stock lending),

b

the transfer was made to enable another person to fulfil a contract or to make a transfer,

c

securities have not been transferred in return, and

d

the transfer made by the trustees constitutes a disposal which by virtue of section 271(9) is to be disregarded as there mentioned.

5

The securities transferred by the trustees shall be treated for the purposes of subsection (3) above as if they formed part of the premiums trust fund at the beginning concerned or the end concerned (as the case may be).

6

Subsections (1) to (3) above do not apply to gilt-edged securities and qualifying corporate bonds.