PART 3Friendly societies carrying on long-term business

Exemption for other business

165Incorporated friendly societies

1

An incorporated friendly society which is a qualifying society is not liable to pay corporation tax (whether on income or chargeable gains) on its profits other than those arising from—

a

life assurance business, or

b

PHI business comprised in BLAGAB or eligible PHI business.

2

An incorporated friendly society is a qualifying society if it falls within any of cases A to C (but see section 168 for circumstances in which it ceases to be a qualifying society).

3

Case A is that, immediately before its incorporation, it was a registered friendly society which was a qualifying society within the meaning of section 164.

4

Case B is that—

a

it was formed otherwise than by the incorporation of a registered friendly society or the amalgamation of two or more friendly societies, and

b

its business is limited to the provision, in accordance with its rules, of benefits for or in respect of employees of a particular employer or such other group of persons as is for the time being approved for the purposes of this section by HMRC Commissioners.

5

Case C is that—

a

it was formed by the amalgamation of two or more friendly societies, and

b

at the time of the amalgamation each of the societies being amalgamated was a qualifying society within the meaning of section 164 or this section.

6

The exemption applies only if the society makes a claim.

7

The exemption does not apply to any profits arising or accruing to the society from, or by reason of its interest in, a body corporate—

a

which is a subsidiary of the society (within the meaning of FSA 1992), or

b

of which the society has joint control (within the meaning of FSA 1992).