The Insurance Companies (Taxation of Reinsurance Business) (Amendment) Regulations 1996

• Citation: S.I. 1996/1621
• Sections: 5

Section 1 Citation, commencement and effect

(1) These Regulations may be cited as the Insurance Companies (Taxation of Reinsurance Business) (Amendment) Regulations 1996 and shall come into force on 15th July 1996.

(2) Regulations 3, 4 and 5(b) shall have effect with respect to accounting periods beginning on or after 1st January 1995.

(3) Regulation 5(a) shall have effect with respect to accounting periods ending on or after 15th July 1996.

Section 2 Interpretation

In these Regulations “the principal Regulations ” means the Insurance Companies (Taxation of Reinsurance Business) Regulations 1995 , and “regulation” means a regulation of the principal Regulations.

Section 3 Amendments to the principal Regulations

In regulation 3 for the words from “C is” to “Taxes Act” there shall be substituted—

C is the aggregate of—

so much of any amount payable by the reinsurer to the cedant company during that accounting period as a result of the death, illness, or infirmity of, or accident to, any person as does not exceed the amount which would have been paid by the reinsurer if the policy had been surrendered immediately before the death, illness, or infirmity of, or accident to, that person, and

other amounts paid by the reinsurer to the cedant company during that accounting period, being sums paid by way of commission or as a result of the surrender in whole or in part of the rights under the policy or otherwise, but excluding any sum which forms part of the relevant profits of the cedant company or is paid by way of commission that has been deducted from expenses of management pursuant to section 76(1) (ca) of the Taxes Act .

Section 4 Amendments to the principal Regulations

In regulation 5—

(a) in paragraph (1) for the words “at the rate prescribed” there shall be substituted “at the appropriate rate or rates prescribed”;

(b) for paragraph (2) there shall be substituted the following paragraph—

(2) The rates prescribed by this paragraph are—

(a) as respects an accounting period ending before the financial year 1996, the rate applicable in accordance with section 88(1) of the Finance Act 1989 ;

(b) as respects an accounting period commencing in or after the financial year 1996, the rate applicable in accordance with section 88A(1) of the Finance Act 1989 ;

(c) as respects an accounting period part of which falls in the financial year 1995 (“the 1995 part ”) and part in the financial year 1996 (“the 1996 part ”), the rate applicable in accordance with section 88(1) of the Finance Act 1989 in relation to the proportion of the amount of the investment return attributable to the 1995 part, and the rate applicable in accordance with section 88A(1) of that Act in relation to the proportion of the amount of the investment return attributable to the 1996 part.

Section 5 Amendments to the principal Regulations

In regulation 11—

(a) in paragraphs (b) and (c)(ii) after the words “Taxes Act”, in both places where those words occur, there shall be added “, being business for which the policy or contract concerned was made on or after 1st November 1994”;

(b) after paragraph (c) there shall be added

or

(d) the business is business the contract for which—

(i) was effected by a company resident in the United Kingdom at or through a branch or agency outside the United Kingdom where none, or no significant part, of the reinsurance business carried on relates to life assurance business with policy holders or annuitants residing in the United Kingdom, and

(ii) was made before 1st November 1994.