212 Annual deemed disposal of holdings of unit trusts etc.U.K.
(1)Where at the end of an accounting period the assets of an insurance company’s long term business fund include—
(a)rights under an authorised unit trust, or
(b)relevant interests in an offshore fund,
then, subject to the following provisions of this section and to section 213, the company shall be deemed for the purposes of corporation tax on capital gains to have disposed of and immediately reacquired each of the assets concerned at its market value at that time.
(2)Subsection (1) above shall not apply to assets linked solely to pension business [F1or life reinsurance business] or to assets of the overseas life assurance fund, F2. . .
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)For the purposes of this section an interest is a “relevant interest in an offshore fund” if—
(a)it is a material interest in an offshore fund for the purposes of Chapter V of Part XVII of the Taxes Act, or
[F4(b)it would be such an interest if either or both of the assumptions mentioned in subsection (6A) below were made.]
F3(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(6A)The assumptions referred to in subsection (5)(b) above are—
(a)that the companies, unit trust schemes and arrangements referred to in paragraphs (a) to (c) of subsection (1) of section 759 of the Taxes Act are not limited to those which are also collective investment schemes;
(b)that the shares and interests excluded by subsections (6) and (8) of that section are limited to shares or interests in trading companies.]
(7)In this section “trading company” means a company—
(a)whose business consists of the carrying on of insurance business, or the carrying on of any other trade which does not consist to any extent of dealing in commodities, currency, securities, debts or other assets of a financial nature, or
(b)whose business consists wholly or mainly of the holding of shares or securities of trading companies which are its 90 per cent. subsidiaries;
and in this section and sections 213 [F6to 214A] other expressions have the same meanings as in Chapter I of Part XII of the Taxes Act.
[F7(7A)In a case where the profits of a company’s life assurance business are charged to tax in accordance with Case I of Schedule D subsection (1) above has effect subject to section 440B(5) of the Taxes Act.]
F8(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 212(2) inserted (with effect in accordance with Sch. 8 para. 57(1) of the amending Act) by Finance Act 1995 (c. 4), Sch. 8 para. 9(2) (with Sch. 8 para. 55(2))
F2Words in s. 212(2) repealed (27.7.1993 with effect in relation to accounting periods beginning on or after 1.1.1993) by 1993 c. 34, ss. 91(2)(b), 213, Sch. 23 Pt. III Table(8) Note
F3S. 212(3)(4)(6) repealed (27.7.1993 with effect in relation to accounting periods beginning on or after 1.1.1993) by 1993 c. 34, ss. 91(2)(b), 213, Sch. 23 Pt. III Table(8) Note
F4S. 212(5)(b) substituted (with effect in accordance with s. 134(10) of the amending Act) by Finance Act 1995 (c. 4), s. 134(6)
F5S. 212(6A) inserted (with effect in accordance with s. 134(10) of the amending Act) by Finance Act 1995 (c. 4), s. 134(7)
F6Words in s. 212(7) substituted (27.7.1993) by 1993 c. 37, s. 91(3)
F7S. 212(7A) inserted (with effect in accordance with Sch. 8 para. 57(1) of the amending Act) by Finance Act 1995 (c. 4), Sch. 8 para. 28(5) (with Sch. 8 para. 55(2))
F8S. 212(8) repealed (27.7.1993 with effect as mentioned in s. 91(1)) by 1993 c. 34, ss. 91(1), 213, Sch. 23 Pt. III Table(8) Note
Modifications etc. (not altering text)
C1S. 212 modified (31.7.1992) by S.I. 1992/1655, arts. 1, 21
S. 212 amended (27.7.1993) by 1993 c. 34, s. 91(1)
S. 212 excluded (27.7.1993) by 1993 c. 34, s. 91(1)
C2S. 212(1) excluded by 1988 c. 1, s. 440B(5) (as inserted (with effect in accordance with Sch. 8 para. 57(1) of the amending Act) by Finance Act 1995 (c. 4), Sch. 8 para. 28(1) (with Sch. 8 para. 55(2)))