Citation and commencement

1. These Regulations may be cited as the Overseas Insurers (Tax Representatives) (Amendment) Regulations 2008 and shall come into force on 27th October 2008.

Amendment of the Overseas Insurers (Tax Representatives) Regulations 1999

2.The Overseas Insurers (Tax Representatives) Regulations 1999( 3 ) are amended as follows.

Amendment of regulation 2

3. In regulation 2 (interpretation)—

(a) in the definition of “the Board” for “of Inland Revenue” substitute “for Her Majesty’s Revenue and Customs”;

(b) omit the definition of “EEA Agreement”;

(c) for the definition of “EEA State” substitute—

“ “EEA state” has the meaning given in Schedule 1 to the Interpretation Act 1978 ( 4 ) ; ” ; and

(d) after the definition of “EEA state” (as substituted by sub-paragraph (c) above) insert—

“ “ ITTOIA 2005 ” means the Income Tax (Trading and Other Income) Act 2005 ( 5 ) ; ” .

Amendment of regulation 4

4. In paragraph (1)(e) of regulation 4 (notification of tax representative by overseas insurer) for “Inland Revenue office” substitute “office of Her Majesty’s Revenue and Customs”.

Amendment of regulation 10

5. In paragraph (1)(f)(ii) of regulation 10 (appointment by the Board of an overseas insurer’s tax representative) for “State” substitute “state”.

Amendment of regulation 12

6. In paragraphs (1)(a) and (9)(b) of regulation 12 (release of overseas insurer from requirement to nominate a tax representative) for “State” substitute “state”.

Amendment of the Schedule: general

7. —(1) Amend the Schedule as follows.

(2) In paragraph 1—

(a) in the definition of “basic rate limit” for “section 1(3)(a) of the Taxes Act” substitute “section 20(2) of the Income Tax Act 2007”( 6 );

(b) omit the definition of “financial year”;

(c) in the definition of “gain”( 7 ) for “section 541, 543, 545 or 546C” substitute “Chapter 9 of Part 4 of ITTOIA 2005”;

(d) omit the definition of “inspector”;

(e) omit the definition of “year of assessment”; and

(f) at the end insert—

“ “tax year” has the meaning given by section 4(2) of the Income Tax Act 2007. ” .

(3) Omit paragraph 2.

(4) In paragraph 3—

(a) for “year of assessment” substitute “tax year” (in both places);

(b) omit “or where the policy holder is a company each financial year,”;

(c) for “inspector” substitute “Board”; and

(d) omit “or financial year”.

(5) In paragraph 4—

(a) for “Chapter II of Part XIII of the Taxes Act” substitute “Chapter 9 of Part 4 of ITTOIA 2005”; and

(b) for sub-paragraph (d) substitute—

“ (d) by reason of which the aggregate sum payable, or other benefits to be conferred, by the overseas insurer exceeds twice the basic rate limit for the tax year in which it occurs. ” .

(6) In paragraph 5—

(a) for “the year of assessment in which it occurs” substitute “the tax year in which it occurs”;

(b) omit “or for the year of assessment corresponding to the financial year in which it occurs, as the case may be,”;

(c) for “that year of assessment” substitute “that tax year”; and

(d) omit “or that financial year”.

(7) In paragraph 7(b)—

(a) for “year of assessment” substitute “tax year”;

(b) omit “, or where the policy holder is a company each financial year,”; and

(c) for “inspector” substitute “Board”.

(8) For paragraph 8( 8 ) substitute—

“ 8. For the purpose of this undertaking a relevant event is a chargeable event within the meaning of Chapter 9 of Part 4 of ITTOIA 2005 in respect of which an insurer is under an obligation to deliver a certificate under section 552.

8A. For the purposes of this Part of this Schedule, in the determination of the amount of a gain in connection with a policy or contract, no account is to be taken of the effect of section 541A of ITTOIA 2005 ( 9 ) . ” .

(9) In paragraph 9—

(a) for “in the year of assessment or financial year” substitute “in the tax year”;

(b) for “that year of assessment or for the year of assessment corresponding to that financial year” substitute “that tax year”; and

(c) for sub-paragraph (c) substitute—

“ (c) both gains arise in the same tax year. ” .

(10) In paragraph 10( 10 )—

(a) in sub-paragraph (e), for “550(3), apart from section 553(3)” substitute “536, apart from section 536(7), of ITTOIA 2005”; and

(b) in sub-paragraph (f)—

(i) omit “or lower”, and

(ii) for “547(5)(a), apart from section 553(8)” substitute “530, apart from section 528, of ITTOIA 2005”.