Finance Act 2012

165Incorporated friendly societiesU.K.

This section has no associated Explanatory Notes

(1)An incorporated friendly society which is a qualifying society is not liable to pay corporation tax (whether on income or chargeable gains) on its profits other than those arising from—

(a)life assurance business, or

(b)PHI business comprised in BLAGAB or eligible PHI business.

(2)An incorporated friendly society is a qualifying society if it falls within any of cases A to C (but see section 168 for circumstances in which it ceases to be a qualifying society).

(3)Case A is that, immediately before its incorporation, it was a registered friendly society which was a qualifying society within the meaning of section 164.

(4)Case B is that—

(a)it was formed otherwise than by the incorporation of a registered friendly society or the amalgamation of two or more friendly societies, and

(b)its business is limited to the provision, in accordance with its rules, of benefits for or in respect of employees of a particular employer or such other group of persons as is for the time being approved for the purposes of this section by HMRC Commissioners.

(5)Case C is that—

(a)it was formed by the amalgamation of two or more friendly societies, and

(b)at the time of the amalgamation each of the societies being amalgamated was a qualifying society within the meaning of section 164 or this section.

(6)The exemption applies only if the society makes a claim.

(7)The exemption does not apply to any profits arising or accruing to the society from, or by reason of its interest in, a body corporate—

(a)which is a subsidiary of the society (within the meaning of FSA 1992), or

(b)of which the society has joint control (within the meaning of FSA 1992).