SCHEDULES

SCHEDULE 7Insurance business: gross roll-up business etc

Part 1Amendments

Income and Corporation Taxes Act 1988 (c. 1)

13

1

Section 432A (apportionment of income and gains) is amended as follows.

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3

In subsection (2), for paragraphs (a) to (f) substitute—

a

basic life assurance and general annuity business,

b

gross roll-up business, and

c

PHI business.

4

In subsection (3), for “(apart from overseas life assurance business) shall be” substitute “ is ”.

5

Omit subsection (4).

6

Before subsection (5) insert—

4A

Income arising from, and gains or losses accruing on the disposal of, foreign currency assets is referable to gross roll-up business.

7

In subsection (5)—

a

for “shall be” substitute “ is ”, and

b

omit “(apart from overseas life assurance business)”.

8

For subsections (6) to (6AA) substitute—

6

For the purposes of subsection (5) above “the relevant fraction”, in relation to basic life assurance and general annuity business, is—

AA+B+Cmath

where—

A is the aggregate of—

  • (a) the mean of the opening and closing liabilities of the basic life assurance and general annuity business (but taking that mean to be nil if it would otherwise be below nil), reduced (but not below nil) by the mean of the opening and closing net values of any assets directly referable to that category of business,

  • (b) if there has been a relevant reattribution, the mean of the opening and closing amounts of the shareholders' excess assets, and

  • (c) the mean of the appropriate parts (that is, the parts relating to that category) of the opening and closing amounts of the free assets amounts;

B is the aggregate of—

  • (a) the mean of the opening and closing liabilities of the gross roll-up business (but taking that mean to be nil if it would otherwise be below nil), reduced (but not below nil) by the mean of the opening and closing net values of any assets directly referable to that category of business, and

  • (b) the mean of the appropriate parts (that is, the parts relating to that category) of the opening and closing amounts of the free assets amounts; and

C is the aggregate of—

  • (a) the mean of the opening and closing liabilities of the PHI business (but taking that mean to be nil if it would otherwise be below nil), reduced (but not below nil) by the mean of the opening and closing net values of any assets directly referable to that category of business, and

  • (b) the mean of the appropriate parts (that is, the parts relating to that category) of the opening and closing amounts of the free assets amounts.

6A

For the purposes of subsection (5) above “the relevant fraction”, in relation to gross roll-up business, is—

BA+B+Cmath

where A, B and C have the same meaning as in subsection (6) above.

6B

For the purposes of subsection (5) above “the relevant fraction”, in relation to PHI business, is—

CA+B+Cmath

where A, B and C have the same meaning as in subsection (6) above.

6C

But if the denominator found in accordance with subsection (6), (6A) or (6B) above is nil, the relevant fraction for the purposes of subsection (5) above in relation to the category of business in question is such fraction as is just and reasonable.

9

In subsection (7)—

a

for “and (6A)” substitute “ , (6A) and (6B) ”,

b

in paragraph (a), for “(4)” substitute “ (4A) ”,

c

in paragraph (b), after “(3)” insert “ or (4A) ”, and

d

in paragraph (c), omit “438B,”.

10

In subsection (8), for “subsections (6) and (6A)” substitute “ subsection (6) ”.

11

In subsection (8ZA), for “subsections (6) and (6A)” substitute “ paragraph (c) of the definition of A and paragraph (b) of the definitions of B and C in subsection (6) ”.

12

Omit subsection (9).