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Finance Act 2012

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Tax rate on policyholders' share of I - E profitE+W+S+N.I.

102Policyholders' rate of tax on policyholders' share of I - E profitE+W+S+N.I.

(1)This section applies if an insurance company has an I - E profit for an accounting period.

(2)The rate of corporation tax chargeable for a financial year on the policyholders' share (if any) of the I - E profit is the policyholders' rate of tax.

(3)The policyholders' rate of tax is the rate at which income tax at the basic rate is charged for the tax year that begins on 6 April in the financial year.

(4)The policyholders' share of the I - E profit is determined in accordance with section 103.

F1(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F1S. 102(5) omitted (with effect in accordance with Sch. 1 para. 22 of the amending Act) by virtue of Finance Act 2014 (c. 26), Sch. 1 para. 18

103Rules for determining policyholders' share of I - E profitE+W+S+N.I.

(1)This section determines for the purposes of section 102 the policyholders' share of the I - E profit of an insurance company for an accounting period.

(2)If the basic life assurance and general annuity business of the company carried on by the company in the accounting period is mutual business, the policyholders' share of the I - E profit is the whole of that profit.

(3)In any other case, the policyholders' share of the I - E profit is determined as follows.

(4)The first step is to calculate whether the company has a BLAGAB trade profit for the accounting period, and, if so, its amount.

(5)If the company does not have a BLAGAB trade profit for that period, the policyholders' share of the I - E profit is the whole of that profit.

(6)If—

(a)the company has a BLAGAB trade profit for that period, and

(b)the adjusted amount of the BLAGAB trade profit is less than the amount of the I - E profit for that period,

the difference between those amounts represents the policyholders' share of the I - E profit.

(7)If—

(a)the company has a BLAGAB trade profit for that period, and

(b)the adjusted amount of the BLAGAB trade profit is equal to or more than the amount of the I - E profit,

there is no policyholders' share of the I - E profit.

(8)References to the adjusted amount of the BLAGAB trade profit are to be read in accordance with section 104.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1S. 103 applied by 2010 c. 4, s. 269ZE(10) (as inserted (with effect in accordance with Sch. 4 para. 190 of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 4 para. 16)

104Meaning of “the adjusted amount”E+W+S+N.I.

(1)This section explains for the purposes of section 103 what is meant by the adjusted amount of the BLAGAB trade profit.

(2)The following adjustments are to be made to the amount of the BLAGAB trade profit.

(3)If relief is available under section 124[F2, 124A or 124C] (carry forward of BLAGAB trade losses against subsequent profits), the BLAGAB trade profit is to be reduced as mentioned in that section.

(4)If, as a result of relief given under [F3any of those sections], the BLAGAB trade profit is reduced to nil, then the adjusted amount of the BLAGAB trade profit for the purposes of section 103 is nil.

(5)If—

(a)the BLAGAB trade profit is not reduced to nil as a result of relief given under section 124[F4, 124A or 124C or no relief is available under those sections,] and

(b)in the accounting period BLAGAB non-taxable distributions are receivable by the company,

the BLAGAB trade profit is reduced or further reduced (but not below nil) by subtracting from it an amount equal to the shareholders' share of those distributions.

(6)The BLAGAB trade profit as so reduced or further reduced is the adjusted BLAGAB trade profit for the purposes of section 103.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2Words in s. 104(3) inserted (with effect in accordance with Sch. 4 para. 190 of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 4 para. 186(a)

F3Words in s. 104(4) substituted (with effect in accordance with Sch. 4 para. 190 of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 4 para. 186(b)

F4Words in s. 104(5)(a) substituted (with effect in accordance with Sch. 4 para. 190 of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 4 para. 186(c)

105Meaning of “BLAGAB non-taxable distributions” and “shareholders' share”E+W+S+N.I.

(1)This section explains for the purposes of section 104 what is meant by—

  • “BLAGAB non-taxable distributions”, and

  • “the shareholders' share” of BLAGAB non-taxable distributions.

(2)Non-taxable distributions are “BLAGAB” non-taxable distributions if they are referable, in accordance with Chapter 7, to the company's basic life assurance and general annuity business.

(3)The “shareholders' share” of the BLAGAB non-taxable distributions receivable by the company in the accounting period is the relevant proportion of those distributions.

(4)The relevant proportion is—

where—

BTP is the amount of the BLAGAB trade profit of the company for the accounting period,

BNTD is the amount of the BLAGAB non-taxable distributions receivable by the company in the accounting period, and

I is the total of the amounts given by the calculations required by steps 1 to 3 in section 73 (I - E basis: income referable to BLAGAB) in relation to the company's basic life assurance and general annuity business for the accounting period.

(5)If BTP exceeds BNTD + I, the shareholders' share of the BLAGAB non-taxable distributions receivable by the company in the accounting period is the whole of those distributions.

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