The Overseas Life Insurance Companies (Amendment) Regulations 2007

• Citation: S.I. 2007/2146
• Sections: 24

Section 1 Citation, commencement and effect

(1) These Regulations may be cited as the Overseas Life Insurance Companies (Amendment) Regulations 2007 and shall come into force on 14th August 2007.

(2) Subject to paragraph (3), these Regulations have effect in relation to periods of account beginning on or after 1st January 2007 which end on or after the date on which these Regulations come into force.

(3) Regulation 14 has effect in relation to such periods of account only where the transfer of business or demutualisation concerned took place before 21st March 2007.

Section 2 Amendments to the Overseas Life Insurance Companies Regulations 2006

The Overseas Life Insurance Companies Regulations 2006 are amended as follows.

Section 3 Omission of regulation 4

Omit regulation 4 (modification of section 12 of the Income and Corporation Taxes Act 1988).

Section 4 Amendment of regulation 5

(1) Regulation 5 (modifications of section 76 of the Income and Corporation Taxes Act 1988) is amended as follows.

(2) In paragraph (2), in the substituted subsection (3), for paragraph (b) substitute—

(b) where the company is an EEA firm or a Treaty firm—

(i) so much of the expenses included in item II.8 or 9(a) of the profit and loss account included in IAD accounts as are attributable to a permanent establishment in the United Kingdom through which the company carries on life assurance business; or

(ii) so much of the expenses included in the income statement included in IAS accounts as are equivalent to expenses that would be included in item II.8 or 9(a) of the profit and loss account included in any IAD accounts and are so attributable;

(3) Omit paragraph (4).

Section 5 Amendment of regulation 6

(1) Regulation 6 (modifications of section 431(2) of the Income and Corporation Taxes Act 1988) is amended as follows.

(2) After paragraph (1) insert—

(1A) In the definition of “foreign currency assets” for the words from “which—” to the end substitute “which are denominated in a foreign currency and specified in a certificate given by a director of the company no later than three months after the end of the period of account as being all of the assets of the company’s long-term insurance fund which are held at that time during the period of account to enable the company to meet liabilities of its gross roll-up business which are denominated in that currency;”.

(3) In paragraph (5)—

(a) after the inserted definition of “IAD Accounts” insert—

“IAS accounts” means accounts prepared in accordance with international accounting standards;

(b) in the inserted definition of “long-term insurance fund”, for the words from “means” to “in the technical account” substitute—

means—

the technical account for life assurance business of the company included in the IAD accounts; or

such part of the income statement as relates to as relates to the life assurance business of the company included in the IAS accounts;

and references to assets of the long-term insurance fund shall be read as references to assets from which any income or gain is or would be included in that technical account or income statement, and

(c) in the inserted definition of “periodical return”, after “the IAD accounts” insert “or the IAS accounts”.

Section 6 Insertion of regulation 7A

After regulation 7 (modification of section 431D of the Income and Corporation Taxes Act 1988) insert—

(7A)

(1) Modify section 431G (company carrying on life assurance business) as follows.

(2) In subsection (1) after “life assurance business” insert “through a permanent establishment in the United Kingdom”.

(3) In subsections (2) and (3)(a) and (b), after “life assurance business” insert “carried on through a permanent establishment in the United Kingdom”.

(7B) In section 431H (company carrying on life assurance business and other insurance business), in subsection (1), after “any other kind” insert “through a permanent establishment in the United Kingdom”.

Section 7 Amendment of regulation 8

In regulation 8 (modifications of section 432A of the Income and Corporation Taxes Act 1988), for paragraph (2) substitute—

(2) In subsection (8)(b)(i) after “non-participating funds” insert “which are referable to the permanent establishment in the United Kingdom through which the company carries on life assurance business and”.

Section 8 Amendment of regulation 9

(1) Regulation 9 (modifications of section 432B of the Income and Corporation Taxes Act 1988) is amended as follows.

(2) In paragraph (2), for “ in (both places” substitute “(in the first place”.

(3) In paragraph (3), for sub-paragraphs (a) and (b) substitute—

(a) in the case of an EEA firm or a treaty firm—

(i) for “any company” substitute “any overseas life insurance company where the company is an EEA firm or a Treaty firm”, and

(ii) for “in line 13 of Form 40 in the periodical return of the company” substitute (in both places) “in the profit and loss account included in the IAD accounts, or in the income statement included in the IAS accounts,”, and

Section 9 Amendment of regulation 11

In regulation 11(3)(a) (modifications of section 440 of the Income and Corporation Taxes Act 1988), for “to (f)” substitute “and (d) to (f)”.

Section 10 Amendment of regulation 12

In regulation 12(2)(b) (modifications of section 440A of the Income and Corporation Taxes Act 1988), for “(c) to” substitute “(d) and”.

Section 11 Amendment of regulation 13

(1) Regulation 13 (modifications of section 440B of the Income and Corporation Taxes Act 1988) is amended as follows.

(2) In paragraph (a), in the substituted subsection (3), for “Section 440(1) and (2) have” substitute “Subsection (1) of section 440 has”.

(3) In paragraph (b), in the substituted subsection (4)—

(a) for “to (e)” substitute “, (d) and (e)”, and

(b) for paragraph (a) substitute—

(a) so many of the UK securities as are included in the company’s long-term insurance fund shall be treated for the purposes of corporation tax as a separate holding which is an asset of that fund,

Section 12 Insertion of regulation 14A

After regulation 14 (modification of section 442A of the Income and Corporation Taxes Act 1988) insert—

(14A) In section 444ABD (transferor’s period of account including transfer) , in subsection (1)(b), in a case where the transferor is an EEA firm or a Treaty firm, omit “line 32 of”.

Section 13 Omission of regulation 18

Omit regulation 18 (modifications of Schedule 19AA to the Income and Corporation Taxes Act 1988).

Section 14 Amendment of regulation 22

In regulation 22 (modifications of section 83 of the Finance Act 1989), omit paragraphs (3) and (4).

Section 15 Insertion of regulation 22A

After regulation 22 insert—

(22A) In section 83XA (structural assets) , in subsection (3), in the case of an EEA firm or a Treaty firm, for paragraph (a) substitute—

(a) assets listed under 1 and 2 in C( II ) in Article 6 of the Council Directive of 19th December 1991 on the annual accounts and consolidated accounts of insurance undertakings ( No. 91/674/ EEC ) , and

Section 16 Amendment of regulation 24

In regulation 24(2) (modifications of section 83A of the Finance Act 1989), in the inserted subsection (2A), after “the IAD accounts” insert “, or the income statement included in the IAS accounts,”.

Section 17 Insertion of regulation 24A

After regulation 24 insert—

(24A) In section 85A(6) (excess adjusted Case I profits) —

(a) in paragraph (a), at the end insert “to the extent such income falls to be attributed, for the purposes of section 11AA(2) of that Act , to the permanent establishment in the United Kingdom through which the company carries on life assurance business”,

(b) in paragraph (b), at the end insert “to the extent such gains fall to be attributed, for the purposes of section 11AA(2) of that Act, to the permanent establishment in the United Kingdom through which the company carries on life assurance business”.

Section 18 Amendment of regulation 26

In regulation 26(6) (modifications of section 89 of the Finance Act 1989), in the inserted subsection (6A), after “the IAD accounts” insert “, or the income statement included in the IAS accounts,”.

Section 19 Omission of regulation 33

Omit regulation 33 (modification of the Finance (No. 2) Act 1992).

Section 20 Amendment of regulation 35

In regulation 35(2) (modification of paragraph 12(1)(d) of Schedule 9 to the Finance Act 1996), for ““by paragraph 6(9) of Schedule 19AC to that Act”” substitute “the words from “within the meaning” to “overseas life insurance company)””.

Section 21 Amendment of regulation 36

In regulation 36 (modification of the Capital Allowances Act 2001), for paragraph (2) substitute—

(2) In section 255 (apportionment of allowance and charges) , after subsection (1B) insert—

(2) In its application to an overseas life insurance company, subsection (1A) has effect as if the references to liabilities were only to such liabilities as are attributable to the permanent establishment in the United Kingdom through which the company carries on the business concerned.

Section 22 Omission of regulations 38 and 39

Omit—

(a) regulation 38 (modifications of section 66 of the Finance Act 2002), and

(b) regulation 39 (modifications of paragraph 10 of Schedule 22 to the Finance Act 2002).

Section 23 Amendment of regulation 40

(1) Regulation 40 (modifications of Schedule 26 to the Finance Act 2002) is amended as follows.

(2) In paragraph (a)(ii), for “4.3.5 of the Integrated” substitute “3.2.5 of the Insurance”.

(3) In paragraph (b), for ““by paragraph 6(9) of Schedule 19AC to that Act”” substitute “the words from “within the meaning” to the end”.

Section 24 Amendment of regulation 41

In regulation 41 (modification of paragraph 89 of Schedule 29 to the Finance Act 2002), for ““by paragraph 6(9) of Schedule 19AC to that Act”” substitute “the words from “within the meaning” to “overseas life insurance company)””.