Part VI Companies, oil, insurance etc.

Chapter III Insurance

211BF3Transfers of assets to certain collective investment schemes

1

Subsection (2) applies if—

a

an asset of an insurance company is made subject to a collective investment scheme which is—

i

an authorised contractual scheme which is a co-ownership scheme, or

ii

a relevant offshore fund,

b

that is wholly in exchange for the company being issued with units in the scheme, and

c

the condition in subsection (3) is met.

2

For the purposes of corporation tax on chargeable gains, the company is to be treated—

a

as having disposed of the asset mentioned in subsection (1)(a) for a consideration of such amount as would secure that on the disposal neither a gain nor a loss would accrue to the company, and

b

as having acquired the units mentioned in subsection (1)(b) for a consideration of the same amount.

3

The condition is that—

a

immediately before the asset mentioned in subsection (1)(a) is made subject to the scheme, the asset was an asset held by the company for the purposes of its long-term business within one of the long-term business categories, and

b

immediately after the asset is made subject to the scheme, the units mentioned in subsection (1)(b) are assets held by the company for the purposes of its long-term business within the same category.

4

For the purposes of subsection (3), a “long-term business category” is—

a

if the company is a UK life insurance company, a long-term business category set out in section 116(2) of the Finance Act 2012 (subject to section 116(3)), or

b

if the company is an overseas life insurance company, a UK long-term business category set out in section 117(2) of that Act (subject to section 117(3)).

5

In subsection (1), “relevant offshore fund” F2means an offshore fund that is a transparent fund within the meaning given by regulation 11 of the Offshore Funds (Tax) Regulations 2009.

F16

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