The Overseas Life Insurance Companies (Amendment No. 2) Regulations 2007

Amendment of regulation 15

6.  For regulation 15 (modification of section 444AC of the Income and Corporation Taxes Act 1988) substitute—

“15.— (1) Modify section 444AC (transfers of business: excess of assets or liabilities)(1) as follows.

(2) In subsections (2)(a), (2A)(b) and (5)(b), in a case where the transferee is an EEA firm or a Treaty firm, for “transferee’s line 31 amount in relation to the transfer” substitute “value of the assets transferred to the transferee’s long-term insurance fund in consideration of the assumption by the transferee of the liabilities to policy holders and annuitants”.

(3) In subsection (5A), in a case where the transferor is an EEA firm or a Treaty firm—

(a) for the words from “means— ” to “other” substitute “means, in relation to an overseas life insurance company where the company is an EEA firm or a Treaty firm,”; and

(b) omit “(in either case)”.

15A.   In section 444AD(4)(b) (transfers of business: modification of s 83(2B) FA 1989)(2), in a case where the transferee is an EEA firm or a treaty firm, for the words from “transferee’s” to “fund” substitute “value of the assets transferred to the transferee’s long-term insurance fund in consideration of the assumption by the transferee of the liabilities to policy holders and annuitants”.”

(1)

Section 444AC was inserted by paragraph 20(1) of Schedule 33 to the Finance Act 2003 and relevantly amended by paragraph 7 of Schedule 9 to the Finance (No. 2) Act 2005, paragraph 3(5) of Schedule 11 to the Finance Act 2006 (c. 25) and S.I. 2006/3270.

(2)

Section 444AD was inserted by paragraph 20(1) of Schedule 33 to the Finance Act 2003 and relevantly amended by S.I. 2006/3270.