Part IIIncome Tax, Corporation Tax and Capital Gains Tax

Chapter IGeneral

Overseas life insurance companies

103Amendment of definition and repeals

1

In section 431(2) of the Taxes Act 1988 (definitions), in the definition of “overseas life insurance company” for the words “having its head office outside” there shall be substituted the words “not resident in”.

2

The following provisions of that Act shall cease to have effect—

a

section 445 (charge to tax on investment income of overseas life insurance company);

b

section 446(1) (qualifying distributions part of profits of pension business of overseas life insurance company);

c

section 447(1), (2) and (4) (set-off of income tax and tax credits against corporation tax assessed under section 445);

d

section 448 (qualifying distributions and tax credits);

e

section 449 (double taxation agreements);

f

section 724(5) to (8) (special provisions of accrued income scheme for overseas life insurance companies);

g

section 811(2)(c) (provision about deduction of foreign tax not to affect overseas life insurance company charged under section 445);

h

paragraph 1(9) of Schedule 19AB (payments on account of tax credits in case of pension business: special provision for overseas life insurance companies).

3

Subject to subsection (4) below, this section shall apply in relation to accounting periods beginning after 31st December 1992.

4

Where in the accounting period of an overseas life insurance company ending immediately before its first accounting period to begin after 31st December 1992 there is such an excess as is mentioned in subsection (7) of section 724 of the Taxes Act 1988, then, notwithstanding the preceding provisions of this section, that subsection shall continue to apply to the company but only—

a

in relation to that excess; and

b

if it would have so applied apart from this section.