Income Tax (Trading and Other Income) Act 2005

513 Special rules for part surrenders and assignments in final insurance year

(1) This section applies if—

(a) the calculation in section 511 falls to be made in relation to a relevant transaction occurring in the final insurance year,

(b) the total transaction value for that transaction exceeds the gains limit (see subsections (2) and (3)), and

(c) paragraph (b) has not applied to a relevant transaction occurring earlier in the final insurance year in respect of the policy or contract in question.

(2) The total transaction value is the total of—

(a) the transaction value for the transaction in question in accordance with section 511(4), and

(b) the transaction values for any relevant transactions occurring earlier in the final insurance year in respect of the policy or contract in accordance with that section.

(3) The gains limit is the amount calculated, as at the end of the final insurance year, as the amount of the gain that would have been treated as arising on the occurrence of the chargeable event that ends that year if in relation to that year—

(a) section 509(1) did not refer to condition C, and

(b) sections 510(2) and (4) and 514(1) did not apply.

(4) The transaction value for the relevant transaction used for the calculation in section 511(2) is reduced by the excess mentioned in subsection (1)(b).

(5) No calculations are required to be made under section 510(2) and (4) in relation to any subsequent relevant transaction in respect of the policy or contract.