Amendment of Part 2 of Schedule 26 to the Finance Act 20024
1
Amend paragraph 4 as follows.
2
Omit sub-paragraph (1A).
3
For sub-paragraph (2) substitute—
2
For the purposes of this paragraph the excluded types of property are—
a
in relation to an option or future, intangible fixed assets; and
b
in relation to relevant contracts which satisfy the conditions specified in sub-paragraph (2A) or (2B)—
i
shares in a company, or
ii
rights of a unit holder under a unit trust scheme.
2A
The conditions specified in this sub-paragraph are—
a
the relevant contract is entered into by a company carrying on life assurance business;
b
the relevant contract is an approved derivative for the purposes of Rule 4.3.5 of the Integrated Prudential Sourcebook; and
c
there is a hedging relationship between the relevant contract and shares or rights of a unit holder under a unit trust scheme held by the company as assets of its long-term insurance fund.
2B
The conditions specified in this sub-paragraph are—
a
the relevant contract is entered into or acquired by a company otherwise than for the purposes of a trade carried on by it or the company is a mutual trading company, and
b
there is a hedging relationship between the contract and an asset of the company which consists of shares or rights of a unit holder under a unit trust scheme.
4
Omit sub-paragraphs (3) and (5).