Part VI Companies, oil, insurance etc.
Chapter III Insurance
C1C3C4C5212 Annual deemed disposal of holdings of unit trusts etc.
C21
Where at the end of an accounting period the assets of an insurance company’s F10long-term insurance 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.
F142
F82A
Subsection (1) above shall not apply to assets falling by virtue of paragraph 4 of Schedule 10 to the Finance Act 1996 (company holdings in unit trusts) to be treated for the accounting period in question as representing rights under a creditor relationship of the company.
F23
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F24
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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
F4b
it would be such an interest if either or both of the assumptions mentioned in subsection (6A) below were made.
F26
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F56A
The assumptions referred to in subsection (5)(b) above are—
a
that the companies, unit trust schemes and arrangements referred to in F12paragraphs (a) to (c) of subsection (1) of section 756A 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 F13section 759 of that Act 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;
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67A
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.
F38
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