PART 2Insurance companies carrying on long-term business

CHAPTER 3The I - E basis

Deemed I - E receipts

92Certain BLAGAB trading receipts to count as deemed I - E receipts

1

This section applies if—

a

an insurance company has receipts that are taken into account in calculating its BLAGAB trade profit or loss (see section 136) for an accounting period,

b

the receipts would not fall within the charge to corporation tax apart from this section, and

c

the receipts are not excluded receipts.

2

The appropriate amount of the receipts is an I - E receipt of the company for the accounting period.

3

The “appropriate amount” of the receipts is found by deducting expenses from the receipts so far as is necessary for calculating the full amount of the profits.

4

Chapter 1 of Part 20 of CTA 2009 (general rules for restricting deductions) is to apply to that calculation.

5

The following receipts are “excluded” receipts—

a

premiums,

b

sums received under re-insurance contracts (but see subsection (6) for exceptions),

c

sums which do not fall within the charge to corporation tax because of an exemption,

d

payments received under the Financial Services Compensation Scheme, and

e

payments received from other insurance companies to enable the company to meet its obligations to policyholders.

6

A sum received under a re-insurance contract is not an excluded receipt if—

a

it is a re-insurance commission (however described), or

b

it is a sum calculated to any extent by reference to the ordinary BLAGAB management expenses of the company referable to the accounting period (within the meaning of section 77).