Statutory Instruments
2008 No. 2646
Corporation Tax
The Group Relief for Overseas Losses (Modification of the Corporation Tax Acts for Non-resident Insurance Companies) Regulations 2008
Made
7th October 2008
Laid before the House of Commons
7th October 2008
Coming into force
28th October 2008
The Treasury make the following Regulations in exercise of the powers conferred by paragraphs 16(2) to (4) of Schedule 18A to the Income and Corporation Taxes Act 1988( 1 ).
Citation, commencement and effect
1. —(1) These Regulations may be cited as the Group Relief for Overseas Losses (Modification of the Corporation Tax Acts for Non-resident Insurance Companies) Regulations 2008 and shall come into force on 28th October 2008.
(2) These Regulations shall have effect for accounting periods beginning on or after 28th October 2008.
Modification of the Corporation Tax Acts
2. —(1) For the purposes of Part 2 of Schedule 18A to the Income and Corporation Taxes Act 1988, the Corporation Tax Acts, and provisions made under them, shall have effect with the modifications—
(a) in regulation 3, in relation to EEA life insurance companies, and
(b) in regulation 4, in relation to EEA general insurers.
(2) For the purposes of these Regulations —
“EEA general insurer” means an EEA company whose business consists of, or includes, the effecting or carrying out of contracts falling within Part 1 of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ( 2 ); and
“EEA life insurance company” means an EEA company whose business consists of, or includes, the effecting or carrying out of contracts falling within Part 2 of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 .
(3) In paragraph (2)—
“EEA company” means a non-resident company—
which is resident in an EEA territory; or
which is not so resident but which carries on a trade in an EEA territory through a permanent establishment.
(4) In paragraph (3)—
“EAA territory” has the meaning given in section 413(2) of the Income and Corporation Taxes Act 1988 ( 3 ), and
“non-resident” means a company which is not resident in the United Kingdom.
Modification of section 431(2) of the Income and Corporation Taxes Act 1988
3. —(1) It shall be assumed that the definition of “insurance special purpose vehicle” in section 431(2) of the Income and Corporation Taxes Act 1988 ( 4 ) includes an EEA life insurance company but does not include an insurance special purpose vehicle treated as a BLAGAB group reinsurer.
(2) In paragraph (1) “BLAGAB group reinsurer” has the meaning given in paragraph 1 of Schedule 19ABA to the Income and Corporation Taxes Act 1988 ( 5 ).
Modification of the Insurance Companies (Reserves) (Tax) Regulations 1996
4. It shall be assumed that regulation 8 of the Insurance Companies (Reserves) (Tax) Regulations 1996( 6 ) applies to an EEA general insurer.
Revocations
5. The following instruments are hereby revoked—
(a) the Group Relief for Overseas Losses (Modification of the Corporation Tax Acts for Non-resident Insurance Companies) (No. 2) Regulations 2006( 7 ); and
(b) the Group Relief for Overseas Losses (Modification of the Corporation Tax Acts for Non-resident Insurance Companies) (No. 2) (Amendment) Regulations 2007( 8 ).
Steve McCabe
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
7th October 2008
1988 c. 1 . Schedule 18A was inserted by paragraph 7 of Schedule 1 to the Finance Act 2006 (c. 25) .
The definition of “EEA territory” was inserted by paragraph 5 of Schedule 1 to the Finance Act 2006.
The definition of “insurance special purpose vehicle” was inserted by article 4 of S.I. 2006/3270 .
Schedule 19ABA was inserted by S.I. 2007/3430 .