Part 3Income tax, corporation tax and capital gains tax
Chapter 2Other provisions
Computation of profits
C166 Election to continue postponement of mark to market
1
Where section 65 (postponement of change to mark to market in certain cases) applies in relation to a period of account, the company may elect that it shall continue to apply in relation to subsequent periods of account as regards assets held by it on 1st January 2002.
Any such election must be made within twelve months after the end of the accounting period of the company current on that date.
2
An insurance company that carries on both long-term business and business other than long-term business may make an election under this section limited to assets held by the company otherwise than in the company’s long-term insurance fund.
3
For the purpose of determining whether an election under this section applies to an asset in a case where—
a
assets are realised by the company in an accounting period beginning on or after 1st January 2002,
b
the assets are of such a kind that the particular assets realised are not readily identifiable,
c
the realisation does not exhaust the company’s holding, and
d
some but not all of the company’s holding was acquired after 1st January 2002,
assets realised shall be identified with assets acquired on the same basis as that used by the company for accounting purposes, unless the basis used by the company is “last in, first out” in which case assets realised shall be identified with assets acquired on or before 1st January 2002 in priority to assets acquired after that day.
4
Where a company has made an election under this section and—
a
an asset in relation to which the election has effect is transferred to another company (“the transferee company”) in pursuance of a transfer scheme, and
b
immediately after the transfer either—
i
the transferee company is resident in the United Kingdom, or
ii
the asset is held for the purposes of a business carried on by the transferee company in the United Kingdom through a branch or agency,
this section applies as if the transferee company had made an election under this section in relation to that asset.
5
In this section—
“insurance business” means business that consists of the effecting or carrying out of contracts of insurance and for the purposes of this definition “contract of insurance” has the meaning given in Article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544);
“insurance company”, “long-term business” and “long-term insurance fund” have the same meaning as in Chapter 1 of Part 12 of the Taxes Act 1988 (see section 431(2) of that Act);
“transfer scheme” means—
- a
a scheme under section 105 of the Financial Services and Markets Act 2000 (c. 8), including an excluded scheme falling within Case 2, 3 or 4 of subsection (3) of that section, or
- b
a qualifying overseas transfer scheme.
- a
6
A “qualifying overseas transfer scheme” means—
a
so much of a transfer of the whole or part of the business of an overseas life insurance company carried on through a F1permanent establishment in the United Kingdom as takes place in accordance with an authorisation granted outside the United Kingdom for the purposes of F2Article 14 of the consolidated life assurance directive, or
b
so much of a transfer of the whole or part of the business of an insurance company other than an overseas life insurance company as takes place in accordance with an authorisation granted outside the United Kingdom for the purposes of Article 12 of the third non-life insurance directive.
7
In subsection (6)—
“overseas life insurance company” has the same meaning as in Chapter 2 of Part 12 of the Taxes Act 1988 (see section 431(2) of that Act);
F3“the consolidated life assurance directive” means the Directive of the European Parliament and of the Council of 5th November 2002 concerning life assurance (No.2002/83/EC);
“the third non-life insurance directive” means Council Directive 92/49/EEC on the co-ordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and amending Directives 73/239/EEC and 88/357/EEC.