Transfers of long-term business: anti-avoidance
132Anti-avoidance
(1)This section applies if—
(a)under an insurance business transfer scheme, there is a transfer on or after 1 January 2013 from one insurance company to another of basic life assurance and general annuity business (or any part of that business) or non-BLAGAB long-term business (or any part of that business), and
(b)the main purpose, or one of the main purposes, of a company (“C”) in entering into one or more of the arrangements included in the insurance business transfer arrangements is an unallowable purpose.
(2)The “insurance business transfer arrangements” consist of—
(a)the insurance business transfer scheme under which the transfer is made, and
(b)any arrangement entered into on or after 1 January 2013 with a connection (direct or indirect) to that scheme.
(3)A purpose is an “unallowable purpose” if—
(a)it consists of securing a tax advantage for C or any other company, or
(b)it is not amongst C’s business or other commercial purposes.
(4)There are to be made such adjustments of any income or gains chargeable to corporation tax as are required to negate any tax advantage arising to C or any other company so far as referable to the unallowable purpose on a just and reasonable apportionment.
(5)For the purposes of this section—
(a)“arrangement” includes any agreement, scheme, transaction or understanding (whether or not legally enforceable), and
(b)section 1139 of CTA 2010 (meaning of “tax advantage”) applies, but reading references to tax as references to corporation tax.
(6)If C is not within the charge to corporation tax in respect of a part of its activities, C’s business or other commercial purposes for the purposes of this section do not include the purposes of that part of its activities.
133Clearance procedure
(1)Section 132 does not apply if, on an application by C, HMRC Commissioners give a notice under this section stating that they are satisfied—
(a)that C’s main purpose in entering into the arrangements included in the insurance business transfer arrangements is not an unallowable purpose or none of C’s main purposes in entering into those arrangements is an unallowable purpose, or
(b)that the transferor and the transferee are members of the same group of companies when the transfer occurs and that the transfer produces no tax advantage for the group.
(2)For this purpose the transfer produces no tax advantage for the group if—
(a)as a result of the insurance business transfer arrangements, there is an increase in the liability to corporation tax of one or more companies which are members of the group, and
(b)the amount (or total amount) of that increase is at least equal to the amount (or total amount) of the reduction in the liability to corporation tax of the transferor or the transferee that arises as a result of those arrangements.
134Section 133: supplementary
(1)An application under section 133 must—
(a)be in writing, and
(b)contain particulars of the insurance business transfer arrangements.
(2)HMRC Commissioners may by notice require C to provide further particulars in order to enable them to determine the application.
(3)A requirement may be imposed under subsection (2) within 30 days of the receipt of the application or of any further particulars required under that subsection.
(4)If a notice under that subsection is not complied with within 30 days or such longer period as HMRC Commissioners may allow, they need not proceed further on the application.
(5)HMRC Commissioners must give notice to C of their decision on an application under section 133—
(a)within 30 days of receiving the application, or
(b)if they give a notice under subsection (2), within 30 days of that notice being complied with.
(6)If any particulars provided under this section do not fully and accurately disclose all facts and considerations material for the decision of HMRC Commissioners, any resulting notice under section 133 is void.