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Finance Act 2012

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This is the original version (as it was originally enacted).

90Investment return where risk in respect of policy or contract re-insured
This section has no associated Explanatory Notes

(1)This section applies if an insurance company re-insures any risk in respect of a policy or contract attributable to its basic life assurance and general annuity business.

(2)For the purposes of the I - E rules the investment return on the policy or contract is treated as accruing to the company while the risk remains re-insured by the company under the re-insurance arrangement.

(3)The investment return that is treated as accruing to the company—

(a)is treated for the purposes of those rules as income that is referable, in accordance with Chapter 4, to the company’s basic life assurance and general annuity business, and

(b)is, accordingly, brought into account for the purposes of those rules at step 1 in section 73.

(4)HMRC Commissioners may make provision by regulations as to the amount of investment return that is treated as accruing in each accounting period during which the re-insurance arrangement is in force.

(5)HMRC Commissioners may by regulations exclude from the operation of this section—

(a)such descriptions of insurance company,

(b)such descriptions of policies or contracts, and

(c)such descriptions of re-insurance arrangement,

as may be prescribed by the regulations.

(6)Nothing in this section applies in relation to the re-insurance of a policy or contract where the policy or contract was made, and the re-insurance arrangement effected, before 29 November 1994.

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