Section 188BG Restrictions for certain insurance companies
United Kingdom
If the surrendering company is a general insurance company and the surrender period is an excluded accounting period, the company may not surrender under this Chapter—
a loss carried forward to the surrender period under section 753(3) of CTA 2009;
expenses carried forward to the surrender period under section 1223 of CTA 2009;
a loss carried forward to the surrender period under section 62(5)(a) or 63(3)(a).
In subsection (1) “excluded accounting period” and “general insurance company” are to be interpreted in accordance with section 269ZG.
If the surrendering company is a Solvency 2 insurance company it may not surrender under this Chapter—
a loss carried forward to the surrender period under section 753(3) of CTA 2009,
expenses carried forward to the surrender period under section 1223 of CTA 2009, F1...
a loss carried forward to the surrender period under section 62(5)(a) or 63(3)(a), F2or
a BLAGAB trade loss carried forward to the surrender period under section 124A(2) or 124C(3) of FA 2012,
so far as the loss is, or (as the case may be) the expenses are, a shock loss.
Annotations
Textual amendments
- F1
Word in s. 188B(3)(b) omitted (with effect in accordance with Sch. 10 para. 32 of the amending Act) by virtue of Finance Act 2019 (c. 1), Sch. 10 para. 23(a)
- F2
S. 188B(3)(d) and word inserted (with effect in accordance with Sch. 10 para. 32 of the amending Act) by virtue of Finance Act 2019 (c. 1), Sch. 10 para. 23(b)
Notes on Part 5A
Textual amendments
- F1
Pt. 5A inserted (with effect in accordance with Sch. 4 para. 190 of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 4 para. 23
Modifications
- C1
Pt. 5A excluded (14.7.2022) by Energy (Oil and Gas) Profits Levy Act 2022 (c. 40), s. 1(5)(e) (with ss. 15(1), 16(1))
Notes on Chapter 2
Textual amendments
- F1
Pt. 5A inserted (with effect in accordance with Sch. 4 para. 190 of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 4 para. 23