Amendments proposed to the Finance Bill - continued House of Commons

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Mr Andrew Smith

400

Schedule     30,     page     509,     line     13,     at end insert—

'Allocation of expenses etc in a computation under Case I of Schedule D

     12C.—(1) After section 804B of the Taxes Act 1988 insert—

"Insurance companies: allocation of expenses etc in computations under Case I of Schedule D.804C.—(1) Where—

      (a) an insurance company carries on any category of insurance business in a period of account,

      (b) a computation in accordance with the provisions applicable to Case I of Schedule D falls to be made in relation to that category of business for that period, and

      (c) there arises to the company in that period any income or gain in respect of which credit for foreign tax falls to be allowed under any arrangements,

    subsection (2) below shall have effect.

    (2) In any such case, the amount of the credit for foreign tax which, under the arrangements, is to be allowed against corporation tax in respect of so much of that income or gain as is referable to the category of business concerned ("the relevant income") shall be limited by treating the amount of the relevant income as reduced in accordance with subsections (3) and (4) below.

    (3) The first limitation is to treat the amount of the relevant income as reduced (but not below nil) for the purposes of this Chapter by the amount of expenses (if any) attributable to the relevant income.

    (4) If—

      (a) the amount of the relevant income after any reduction under subsection (3) above,

    exceeds

      (b) the relevant fraction of the profits of the category of business concerned for the period of account in question which are chargeable to corporation tax,

    the second limitation is to treat the relevant amount as further reduced (but not below nil) for the purposes of this Chapter to an amount equal to that fraction of those profits.

    In this subsection any reference to the profits of a category of business is a reference to those profits after the set off of any losses of that category of business which have arisen in any previous accounting period.

    (5) In determining the amount of the credit for foreign tax which is to be allowed as mentioned in subsection (2) above, the relevant amount shall not be reduced except in accordance with that subsection.

    (6) For the purposes of subsection (3) above, the amount of expenses attributable to the relevant income is the appropriate fraction of the total relevant expenses of the category of business concerned for the period of account in question.

    (7) In subsection (6) above, the "appropriate fraction" means the fraction—

      (a) whose numerator is the amount of the relevant income before any reduction in accordance with subsection (2) above, and

      (b) whose denominator is the total income of the category of business concerned for the period of account in question,

    unless the denominator so determined is nil, in which case the denominator shall instead be the amount described in subsection (8) below.

    (8) That amount is so much in total of the income and gains—

      (a) which arise to the company in the period of account in question, and

      (b) in respect of which credit for foreign tax falls to be allowed under any arrangements,

    as are referable to the category of business concerned (before any reduction in accordance with subsection (2) above).

    (9) In subsection (4) above, the "relevant fraction" means the fraction—

      (a) whose numerator is the amount of the relevant income before any reduction in accordance with subsection (2) above; and

      (b) whose denominator is the amount described in subsection (8) above.

    (10) Where a 75 per cent subsidiary of an insurance company is acting in accordance with a scheme or arrangement and—

      (a) the purpose, or one of the main purposes, of that scheme or arrangement is to prevent or restrict the application of subsection (2) above to the insurance company, and

      (b) the subsidiary does not carry on insurance business of any description,

    the amount of corporation tax attributable (apart from this subsection) to any item of income or gain arising to the subsidiary shall be found by setting off against that item the amount of expenses that would be attributable to it under subsection (3) above if that item had arisen directly to the insurance company.

    (11) Where the credit allowed for any tax payable under the laws of a territory outside the United Kingdom is, by virtue of subsection (2) above, less than it would be if the relevant income were not treated as reduced in accordance with that subsection, section 795(2)(a) shall not prevent a deduction being made for the difference in computing the profits of the category of business concerned.

    (12) Where, by virtue of subsection (10) above, the credit allowed for any tax payable under the laws of a territory outside the United Kingdom is less than it would be apart from that subsection, section 795(2)(a) shall not prevent a deduction being made for the difference in computing the income of the 75 per cent subsidiary.

    (13) Any reference in this section to any income or gain being to any extent referable to a category of insurance business shall, in the case of—

      (a) life assurance business or any category of life assurance business, or

      (b) long term business which is not life assurance business,

    be taken as a reference to the income or gain being to that extent referable to that category of business for the purposes of Chapter I of Part XII.

    (14) This section shall be construed—

      (a) in accordance with section 804D, where the category of business concerned is life assurance business or a category of life assurance business; and

      (b) in accordance with section 804E, where the category of business concerned is not life assurance business or any category of life assurance business.

Interpretation of section 804C in relation to life assurance business etc.804D.—(1) This section has effect for the interpretation of section 804C where the category of business concerned is life assurance business or a category of life assurance business.

    (2) The "total income" of the category of business concerned for the period of account in question is the amount (if any) by which—

      (a) so much of the total income shown in the revenue account in the periodical return of the company concerned for that period as is referable to that category of business,

    exceeds

      (b) so much of any commissions payable and any expenses of management incurred in connection with the acquisition of the business, as shown in that return, so far as referable to that category of business.

    (3) Where any amounts fall to be brought into account in accordance with section 83 of the Finance Act 1989, the amounts that are referable to the category of business concerned shall be determined for the purposes of subsection (2) above in accordance with sections 432B to 432F.

    (4) The "total relevant expenses" of the category of business concerned for any period of account is the amount of the claims incurred—

      (a) increased by any increase in the liabilities of the company, or

      (b) reduced (but not below nil) by any decrease in the liabilities of the company.

    (5) For the purposes of subsection (4) above, the amounts to be taken into account in the case of any period of account are the amounts as shown in the company's periodical return for the period so far as referable to the category of business concerned.

Interpretation of section 804C in relation to other insurance business.804E.—(1) This section has effect for the interpretation of section 804C where the category of business concerned is not life assurance business or any category of life assurance business.

    (2) The "total income" of the category of business concerned for any period of account is the amount (if any) by which—

      (a) the sum of the amounts specified in subsection (3) below,

    exceeds

      (b) the sum of the amounts specified in subsection (4) below.

    (3) The amounts mentioned in subsection (2)(a) above are—

      (a) earned premiums, net of reinsurance;

      (b) investment income and gains;

      (c) other technical income, net of reinsurance;

      (d) any amount treated under section 106(2) of the Finance Act 2000 as a receipt of the company's trade.

    (4) The amounts mentioned in subsection (2)(b) above are—

      (a) acquisition costs;

      (b) the change in deferred acquisition costs;

      (c) losses on investments.

    (5) The "total relevant expenses" of the category of business concerned for any period of account is the sum of—

      (a) the claims incurred, net of reinsurance,

      (b) the changes in other technical provisions, net of reinsurance,

      (c) the change in the equalisation provision, and

      (d) investment management expenses,

    unless that sum is a negative amount, in which case the total relevant expenses shall be taken to be nil.

    (6) The amounts to be taken into account for the purposes of the paragraphs of subsections (3) to (5) above are the amounts taken into account for the purposes of corporation tax.

    (7) Expressions used—

      (a) in the paragraphs of subsections (3) to (5) above, and

      (b) in the provisions of section B of Schedule 9A to the Companies Act 1985 (form and content of accounts of insurance companies and groups) which relate to the profit and loss account format (within the meaning of paragraph 7(1) of that section),

    have the same meaning in those paragraphs as they have in those provisions."

    (2) In consequence of the provision made by subsection (11) of the section 804C inserted into the Taxes Act 1988 by sub-paragraph (1), in section 82 of the Finance Act 1989 (calculation of profits of insurance company in respect of its life assurance business) in subsection (1)(a) (amounts to be taken into account as an expense) omit "or foreign tax".

    (3) In consequence of the omission of those words by sub-paragraph (2), in sections 436(3)(a), 439B(3)(a) and 441(4)(a) of the Taxes Act 1988 (each of which provides for the omission of the words "tax or" in section 82(1)(a) of the Finance Act 1989 for certain purposes) for ""tax or"" substitute ""and any amounts of tax which are expended on behalf of"".

    (4) This paragraph has effect in relation to periods of account beginning on or after 1st April 2000.'.

 
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