The Insurance Companies (Taxation of Reinsurance Business) Regulations 1995

Ascertainment of investment return — prescribed dates of payments made under reinsurance arrangements

8.—(1) For the purposes of ascertaining the investment return in each accounting period, the payments specified in paragraphs (2) to (6) below shall be treated as paid on the dates prescribed by those paragraphs in relation to the payment concerned.

(2) In any case where under the reinsurance arrangement a premium or any other amount is payable to the reinsurer within 30 days of the date on which the first premium is paid to the reinsurer, the date prescribed as the date on which that premium or other amount is to be treated as paid is the date on which the first premium is paid.

(3) In any case where under the reinsurance arrangement commission or any other amount is payable by the reinsurer in respect of the policy concerned at the same time as the first premium is paid to the reinsurer or within 30 days of the date on which the first premium is paid to the reinsurer, the date prescribed as the date on which that commission or other amount is to be treated as paid is the date on which the first premium is paid.

(4) In any case where under the reinsurance arrangement—

(a)a premium other than the first premium or a premium falling within paragraph (2) above, or any other amount not being an amount falling within paragraph (2) above, is paid to the reinsurer before the end of the accounting period in which the first premium is paid, or

(b)commission or any other amount, not being commission or an amount falling within paragraph (3) above, is paid by the reinsurer to the cedant company before the end of that accounting period,

the date prescribed as the date on which that premium or other amount is to be treated as paid to the reinsurer, or that commission or other amount is to be treated as paid by the reinsurer, is the first day of the next accounting period.

(5) The dates prescribed as the dates on which any premium or any other amount paid to the reinsurer under the reinsurance arrangement, other than a premium or amount falling within paragraph (2) or (4)(a) above, is to be treated as paid are the following—

(a)as to one half of the amount of the premium or other amount, the date on which the premium or other amount is paid;

(b)as to the other half, the first day of the accounting period next following that in which the premium or other amount is paid.

(6) The dates prescribed as the dates on which any commission or any other amount paid by the reinsurer under the reinsurance arrangement, not being commission or an amount falling within paragraph (3) or (4)(b) above, is to be treated as paid are the following—

(a)as to one half of the commission or other amount, the date on which the commission or other amount is paid;

(b)as to the other half, the first day of the accounting period next following that in which the commission or other amount is paid.