The Friendly Societies (Modification of the Corporation Tax Acts) (Amendment) Regulations 1995
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INCOME TAX The Friendly Societies (Modification of the Corporation Tax Acts) (Amendment) Regulations 1995
1. These Regulations may be cited as the Friendly Societies (Modification of the Corporation Tax Acts) (Amendment) Regulations 1995 and shall come into force on 10th August 1995.
2. In these Regulations unless the context otherwise requires "the principal Regulations" means the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1992[2] and "regulation" means a regulation of those Regulations.
3. In regulation 2
"Modifications of section 72 of the Finance Act 1960 3A.(1) Paragraphs (2) and (3) prescribe modifications of section 72 of the Finance Act 1960[4] so far as it applies to the life or endowment business carried on by friendly societies for accounting periods ending on or after 4th May 1966 but before 6th April 1970. (2) In subsection (2) for the words following "foregoing subsection" there shall be substituted the words "is machinery or plant provided for use or used for the purposes of the management of the taxable life or endowment business of a friendly society". (3) After subsection (2) there shall be inserted
Modifications of section 69 of the Finance Act 1965 3B.(1) Paragraphs (2) to (4) prescribe modifications of section 69 of the Finance Act 1965[7] so far as it applies to the life or endowment business carried on by friendly societies for accounting periods ending on or after 4th May 1966 but before 6th April 1970. (2) In subsection (1)
(3) In paragraph (b) of subsection (3) for the words "that business" there shall be substituted the words "taxable general annuity business". (4) After subsection (9) there shall be added
Modifications of section 305 (1) of the Income and Corporation Taxes Act 1970 3C.(1) Paragraphs (2) and (3) prescribe modifications of section 305(1) of the Income and Corporation Taxes Act 1970[8] so far as it applies to the life or endowment business carried on by friendly societies for accounting periods ending on or after 6th April 1970 but before 6th April 1988. (2) The following paragraph shall be inserted before paragraph (a)
(3) in paragraph (a) after the words "expenses of management" there shall be inserted the words "(as so restricted)". Modifications of section 306 of the Income and Corporation Taxes Act 1970 3D.(1) Paragraphs (2) and (3) prescribe modifications of section 306 of the Income and Corporation Taxes Act 1970[10] so far as it applies to the life or endowment business carried on by friendly societies for accounting periods ending on or after 6th April 1970 but before 6th April 1988. (2) In subsection (1) for the words from "of the business" to "of life assurance," there shall be substituted the words "of the taxable life or endowment business of a friendly society". (3) After subsection (1) there shall be inserted
(2) In subsection (1) for the words from "of the business" to "of life assurance," there shall be substituted the words "of the taxable life or endowment business of a friendly society". (3) After subsection (1) there shall be inserted
Modifications of section 313 of the Income and Corporation Taxes Act 1970 3F.(1) Paragraphs (2) and (3) prescribe modifications of section 313 of the Income and Corporation Taxes Act 1970[13] so far as it applies to the life or endowment business carried on by friendly societies for accounting periods ending on or after 6th April 1970 but before 6th April 1988. (2) In subsection (1) for the words "that business" there shall be substituted the words "taxable general annuity business". (3) After subsection (6) there shall be added
Modification of section 75 (3) of the Taxes Act 3G.(1) Paragraph (2) prescribes a modification of subsection (3) of section 75 of the Taxes Act so far as it applies in designated cases to the life or endowment business carried on by friendly societies where an excess such as is mentioned in that subsection arises for an accounting period beginning on or after 1st January 1990. (2) In paragraph (b), after the words "expenses of management" there shall be inserted the words "referable to business chargeable to corporation tax". (3) In paragraph (1) "designated cases" means all cases where
Modifications of section 76 (1) of the Taxes Act 3H.(1) Paragraphs (2) and (3) prescribe modifications of section 76(1)[14] of the Taxes Act so far as it applies to the life or endowment business carried on by friendly societies for accounting periods ending on or after 6th April 1988 but beginning before 1st January 1990. (2) The following paragraph shall be inserted before paragraph (a)
(3) In paragraph (a) after the words "expenses of management" there shall be inserted the words "(as so restricted)".
(2) In paragraph (ca) for the words from "referable" to the end there shall be substituted the words "referable to taxable basic life assurance business". (3) In paragraph (e) for the words from "referable" to the end there shall be substituted the words "referable to taxable basic life assurance business".
(2) In paragraph (d) after the words"referable to" there shall be inserted the words "tax exempt basic life assurance business".
(2) In paragraph (ca) for the words from"referable" to the end there shall be substituted the words "referable to taxable basic life assurance and general annuity business". (3) In paragraph (e) for the words from "referable" to the end there shall be substituted the words "referable to taxable basic life assurance and general annuity business".
(2) In paragraph (d) after the words "referable to" there shall be inserted the words "tax exempt basic life assurance and general annuity business"." .
(2) Paragraph (1) shall have effect for accounting periods of friendly societies beginning on or after 1st January 1994.
"Modifications of section 437 of the Taxes Act 10A.(1) Paragraphs (2) and (3) prescribe modifications of section 437 of the Taxes Act[18] so far as it applies to the life or endowment business carried on by friendly societies for accounting periods ending on or after 6th April 1988 but beginning before 1st January 1992. (2) In subsection (1) for the words "that business" there shall be substituted the words "taxable general annuity business". (3) After subsection (6) there shall be added
(2) In subsection (1A) there shall be inserted after the words "that they" the words "are referable to taxable basic life and general annuity business and". Modifications of section 440 of the Taxes Act
(2) A case specified in this paragraph is any case where, on or after 20th March 1990 but before 1st January 1995
(3) In subsection (1), before the words "If at any time" there shall be inserted the words "Subject to subsection (4A) below,". (4) After subsection (4) there shall be inserted
(2) Paragraph (1) shall have effect for accounting periods of friendly societies beginning on or after 1st January 1990 but before 1st January 1995.
"Modifications of section 28 of the Capital Allowances Act 1990 18A.(1) Paragraphs (2) and (3) prescribe modifications of section 28 of the Capital Allowances Act 1990[22] so far as it applies in specified cases to the life or endowment business carried on by friendly societies for accounting periods ending on or after 6th April 1990 but beginning before 1st January 1995. (2) In subsection (1) for the words from "of the business" to "of life assurance," there shall be substituted the words "of the taxable life or endowment business of a friendly society". (3) After subsection (1) there shall be inserted
"Modifications of Schedule 8 to the Finance Act 1990 19A.(1) Paragraphs (2) and (3) prescribe modifications of paragraph 1 of Schedule 8 to the Finance Act 1990[23] so far as it applies to the life or endowment business carried on by friendly societies and paragraph (4) prescribes a further modification of that paragraph so far as it applies to the life or endowment business carried on by non-directive societies. (2) After sub-paragraph (1) (e) there shall be added
(3) In sub-paragraph (2), before the words "basic life assurance business" and "general annuity business", wherever occurring, there shall be inserted the word "taxable". (4) The following sub-paragraph shall be added at the end
(2) In sub-paragraph (1)(c)
(3) In sub-paragraph (2) (a), after the words "pension business" there shall be inserted the words "or tax exempt basic life assurance and general annuity business"." .
"Modification of paragraph 16 of Schedule 7 to the Finance Act 1991 20A.(1) Paragraph (2) prescribes a modification of paragraph 16 of Schedule 7 to the Finance Act 1991[27] so far as it as applies in specified cases to the life or endowment business carried on by friendly societies for accounting periods beginning on or after 1st January 1992. (2) In sub-paragraph (7), in the definition of "general annuity contract", before the words "general annuity business" there shall be inserted the word "taxable"." .
"Modifications of section 212 of the 1992 Act 21.(1) Paragraph (3) prescribes a modification of section 212 of the 1992 Act[28] so far as it applies to the life or endowment business carried on by friendly societies and paragraph (4) prescribes a further modification of that section so far as it applies to the life or endowment business carried on by non-directive societies. (2) This regulation has effect for accounting periods of incorporated friendly societies beginning on or after 19th February 1993, and for accounting periods of friendly societies other than incorporated friendly societies beginning on or after 1st January 1993. (3) In subsection (2), before the words "or to assets" there shall be inserted the words "or tax exempt basic life assurance and general annuity business". (4) The following subsection shall be added at the end
"Modification of section 213 (1A) of the 1992 Act 21A.(1) Paragraph (2) prescribes a modification of subsection (1A) of section 213 of the 1992 Act[29] so far as it applies to the life or endowment business carried on by friendly societies for accounting periods of incorporated friendly societies beginning on or after 19th February 1993 and for accounting periods of friendly societies other than incorporated friendly societies beginning on or after 1st January 1993. (2) In paragraph (a) after the words "referable to" there shall be inserted the word "taxable". Modifications of section 214 of the 1992 Act 21B.(1) Paragraphs (2) to (5) prescribe modifications of section 214 of the 1992 Act[30] so far as it applies to the life or endowment business carried on by friendly societies and paragraph (6) prescribes a further modification of that section so far as it applies to the life or endowment business carried on by non-directive societies for accounting periods beginning on or after 6th April 1992. (2) In subsection (1)(c), before the words "basic life assurance" there shall be inserted the word "taxable". (3) In subsection (2), before the words "basic life assurance business" and before the words "general annuity business", wherever occurring, there shall be inserted the word "taxable". (4) In subsection (6)(c)
(5) In subsection (7)(a), after the words "pension business" there shall be inserted the words "or tax exempt basic life assurance and general annuity business". (6) The following subsection shall be added at the end
Modifications of section 214A of the 1992 Act 21C.(1) Paragraphs (2) and (3) prescribe modifications of section 214A of the 1992 Act[31] so far as it applies to the life or endowment business carried on by friendly societies for accounting periods of incorporated friendly societies beginning on or after 19th February 1993 and for accounting periods of friendly societies other than incorporated friendly societies beginning on or after 1st January 1993. (2) In subsection (4), before the words "basic life assurance", wherever occurring, there shall be inserted the word "taxable". (3) In subsection (11)
(This note is not part of the Regulations)
ISBN 0 11 053357 7 Notes: [1] 1988 c. 1; section 463 was amended by section 50 of the Finance Act 1990 (c. 29) and by paragraph 10 of Schedule 9 to the Finance (No. 2) Act 1992 (c. 48). back [2] S.I. 1992/1655, amended by S.I. 1993/3111. back [4] 1960 c. 44; section 72 was amended by paragraph 18 of Schedule 12 and Part I of Schedule 13 to the Finance Act 1963 (c. 25) and by section 57(5) of, and paragraph 15 of Schedule 14 and Part IV of Schedule 22 to, the Finance Act 1965 (c. 25), and repealed by Schedule 16 to the Income and Corporation Taxes Act 1970 (c. 10). back [5] 1966 c. 18; section 29(8) was repealed by Schedule 16 to the Income and Corporation Taxes Act 1970. back [6] 1952 c. 10; section 440(1) was amended by Part I of Schedule 13 to the Finance Act 1963, by paragraph 4(1)(a) of Schedule 15 to the Finance Act 1965 and by Part III of Schedule 13 to the Finance Act 1966, and repealed by Schedule 16 to the Income and Corporation Taxes Act 1970. back [7] 1965 c. 25; section 69 was amended by paragraph 9 of Schedule 5 and Part VI of Schedule 11 to the Finance Act 1966 and by paragraph 1 of Schedule 13 to the Finance Act 1967 (c. 54), and repealed by Schedule 16 to the Income and Corporation Taxes Act 1970. back [8] 1970 c. 10; section 305 was amended by paragraph 1(1) of Schedule 18 and Part VI of Schedule 28 to the Finance Act 1972 (c. 41), and repealed by Schedule 31 to the Income and Corporation Taxes Act 1988. back [9] Section 337(2) was amended by paragraph 23 of Schedule 9 to the Friendly Societies Act 1974 (c. 46), section 41(7) of the Finance Act 1985 (c. 54), and paragraph 2(2) of Schedule 2 and Part I of Schedule 9 to the Finance (No. 2) Act 1987 (c. 51), and repealed by Schedule 31 to the Income and Corporation Taxes Act 1988. back [10] Section 306 was repealed by Schedule 2 to the Capital Allowances Act 1990 (c. 1). back [11] Section 466(1) was amended by paragraph 14(2) of Schedule 9 to the Finance (No. 2) Act 1992. back [12] Section 460(1) was amended by paragraph 5(2) of Schedule 9 to the Finance (No. 2) Act 1992. back [13] Section 313 was amended by paragraph 3 of Schedule 18 to the Finance Act 1972, paragraph 9(2) of Schedule 6 and paragraph 7(2) of Schedule 7 to the Finance Act 1974 (c. 30), section 99(2) of the Finance Act 1984 (c. 43) and paragraph 7 of Schedule 25 to the Finance Act 1985, and repealed by Schedule 31 to the Income and Corporation Tax Act 1988. back [14] Section 76(1) was amended by section 87(2) of the Finance Act 1989 (c. 26) and section 44(3) of and paragraph 1 of Schedule 7 to the Finance Act 1990 with respect to accounting periods beginning on or after 1st January 1990. back [15] Section 76(1) was amended by section 87(2) of the Finance Act 1989, section 44(3) of and paragraph 1 of Schedule 7 to the Finance Act 1990 and paragraph 1 of Schedule 7 and Part V of Schedule 19 to the Finance Act 1991 (c. 31) with respect to accounting periods beginning on or after 1st January 1992, and by paragraph 7 of Schedule 8 to the Finance Act 1995 (c. 4) with respect to accounting periods beginning on or after 1st January 1995. back [16] Paragraph (1A) of regulation 8 was substituted by regulation 7 of S.I. 1993/3111. back [17] Subsection (1A) of section 37 of the Friendly Societies Act 1992 (c. 40) was inserted, and subsection (7A) was substituted, by regulation 3 of S.I. 1993/2519. back [18] Section 437 was amended by paragraph 6 of Schedule 6 to the Finance Act 1990 with respect to accounting periods beginning on or after 1st January 1990 and by paragraphs 4(4) and 5 of Schedule 7 and Part V of Schedule 19 to the Finance Act 1991 with respect to accounting periods beginning on or after 1st January 1992. back [19] Section 440 was substituted by paragraphs 8 and 11(2) of Schedule 6 to the Finance Act 1990 with effect from 1st January 1990 and amended by paragraphs 6(1) and 18 of Schedule 7 to the Finance Act 1991 with respect to accounting periods beginning on or after 1st January 1992, by paragraph 14(22) of Schedule 10 to the Taxation of Chargeable Gains Tax Act 1992, by paragraphs 5 and 28(3) of Schedule 8 to the Finance Act 1995 with respect to accounting periods beginning on or after 1st January 1995, and by paragraph 1 of Schedule 9 to the Finance Act 1995. back [20] 1992 c. 40; section 37(8) was substituted by regulation 3 of S.I. 1993/2519. back [21] 1989 c. 26; section 83 was substituted by paragraph 16(1) of Schedule 8 to the Finance Act 1995 with respect to accounting periods beginning on or after 1st January 1995. back [22] 1990 c. 1; section 28 was amended by paragraph 9 of Schedule 7 to the Finance Act 1990 and substituted by paragraph 24 of Schedule 8 to the Finance Act 1995 with respect to accounting periods beginning on or after 1st January 1995. back [23] 1990 c. 29; paragraph 1 of Schedule 8 was amended by sub-paragraphs (1) to (4) of paragraph 15 of Schedule 7 to the Finance Act 1991. Schedule 8 was repealed by Schedule 12 to the Taxation of Chargeable Gains Act 1992. back [24] Section 431(2) was amended by paragraph 1(2) of Schedule 6 to the Finance Act 1990, by paragraph 2 of Schedule 7 to the Finance Act 1991, by section 99(2) of the Finance Act 1993 (c. 34) and by regulation 5 of S.I. 1992/1655. back [25] Section 432A was inserted by paragraph 4 of Schedule 6 to the Finance Act 1990 and amended by paragraphs 3 and 18 of Schedule 7 to the Finance Act 1991 with respect to accounting periods beginning on or after 1st January 1992. Subsections (11) to (14) of section 432A were added by regulation 8(5) of S.I. 1992/1655. back [26] Paragraph 3 of Schedule 8 was amended by paragraph 15(5) of Schedule 7 to the Finance Act 1991. Schedule 8 was repealed by Schedule 12 to the Taxation of Chargeable Gains Act 1992. back [28] Section 212 was amended by section 91(2)(b) and (3) of, and Part III(8) of Schedule 23 to, the Finance Act 1993, and by section 134(5) to (7) of, and paragraphs 9(2) and 28(5) of Schedule 8 to, the Finance Act 1995. back [29] Section 213(1A) was inserted by section 91(4) of the Finance Act 1993. back [30] Section 214 was amended by section 91(5) and (6) of, and Part III(8) of Schedule 23 to, the Finance Act 1993 and by paragraph 1 of Schedule 9 to the Finance Act 1995; and, in its application to an overseas life insurance company, by paragraph 12 of Schedule 7B to the Taxation of Chargeable Gains Act 1992. Schedule 7B was inserted by Schedule 11 to the Finance Act 1993. back [31] Section 214A was inserted by section 91(5) of the Finance Act 1993 and amended by paragraph 9(3) of Schedule 8, and paragraphs 1 and 5 of Schedule 9, to the Finance Act 1995. back |
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