Finance Act 2012

Financing-arrangement-funded transfers to shareholders in relation to non-profit funds

16(1)This paragraph applies if, as at 1 January 2013, an insurance company has an unrelieved charge under subsection (3) of section 83YC of FA 1989 (FAFTS: charge in relevant period of account).

(2)An insurance company has, as at that date, an unrelieved charge under that subsection if either—

(a)that subsection has operated in the case of the company for the period of account ending immediately before that date (“the 2012 period of account”), or

(b)that subsection has operated in the case of the company for one or more earlier periods of account, and the total of the amounts which are the relevant amount for the 2012 period of account or those earlier periods under section 83YD of FA 1989 does not exceed the amount which is the taxed amount under that section.

(3)The appropriate amount of the unrelieved charge is to be treated for the purposes of this Part of this Schedule as if it were a relevant computational item of a negative amount.

(4)The appropriate amount of the unrelieved charge is whichever is the smaller of—

(a)in a case within sub-paragraph (2)(a), the amount brought into account under section 83YC(3) of FA 1989, or, in a case within sub-paragraph (2)(b), the amount by which the taxed amount mentioned there exceeds the relevant amount mentioned there, and

(b)the sum of the outstanding debt amount and the outstanding re-insurance amount.

(5)“The outstanding debt amount” means the total amount of the credits brought into account by the company in relation to a non-profit fund for the purposes of section 83YC of FA 1989 as part of total income—

(a)for the 2012 period of account, or

(b)for any earlier period of account,

in respect of relevant money debts to the extent that they have not been repaid before that date.

(6)“The outstanding re-insurance amount” means the total of the amounts which would (but for section 83YF(2) of FA 1989) have been taken into account in calculating the profits of the company’s life assurance business in accordance with the life assurance trade profits provisions—

(a)for the 2012 period of account, or

(b)for any earlier period of account,

in respect of the re-insurance of relevant liabilities to the extent that they have not ceased to be re-insured before that date.

(7)Any expression which is used in this paragraph and in section 83YC of FA 1989 has the same meaning in this paragraph as in that section.

(8)In this paragraph references to sections 83YC and 83YD of FA 1989 include references to those sections as they have effect in accordance with paragraph 4(2) to (6) of Schedule 17 to FA 2008.