Income and Corporation Taxes Act 1988

437 General annuity business. U.K.

(1) M1 In the case of a company carrying on general annuity business, the annuities paid by the company, so far as referable to that business and so far as they do not exceed the taxed income of the part of the annuity fund so referable, shall be treated as charges on income.

(2) M2 In computing under section 436 the profits arising to an insurance company from general annuity business—

[F1 (a) taxed income, group income and income attributable to offshore income gains, so far as referable to general annuity business, shall be deducted from the receipts to be taken into account;] and

(b) M3 of the annuities paid by the company and referable to general annuity business—

(i) those which under subsection (1) above are treated as charges on income shall not be deductible, and

(ii) those which are not so treated shall (notwithstanding section 337(2)) be deductible.

(3) M4 In subsections (1) and (2) above “taxed income” means income charged to corporation tax otherwise than under section 436, and franked investment income.

(4) M5 Subject to subsection (5) below, franked investment income which is taken into account under subsection (2) above to enable annuities referable to general annuity business to be treated as charges on income shall not be used under Chapter V of Part VI to frank distributions made by the company.

(5) M6 For the purposes of subsection (4) above there shall be deducted from the amount of the franked investment income of the company arising in any accounting period and taken into account under subsection (1) above—

(a) the amount of any profit arising in that accounting period to the company from general annuity business and computed under section 436; and

(b) the amount of any group income arising in that accounting period to the company and referable to its general annuity business.

(6) A company which is not resident in the United Kingdom but carries on through a branch or agency there any general annuity business shall not be entitled to treat any part of the annuities paid by it which are referable to that business as paid out of profits or gains brought into charge to income tax.

Textual Amendments

F1 1990 s.41and Sch.6 para.6on and after 1January 1990subject to the commencement provisions of paras.11and 12;Previously

“(a) taxed income, group income and income attributable to offshore income gains shall not be taken into account as part of those profits;”.

Marginal Citations

M1 Source—1970 s.313(1)

M2 Source—1970 s.313(2)(a); 1985 Sch.25 7

M3 Source—1970 s.313(2)(b)

M4 Source—1970 s.313(3)

M5 Source—1970 s.313(4); 1972 Sch.18 3

M6 Source—1970 s.313(5), (6)