The Friendly Societies (Modification of the Corporation Tax Acts) (Amendment) Regulations 2001

These Regulations may be cited as the Friendly Societies (Modification of the Corporation Tax Acts) (Amendment) Regulations 2001 and shall come into force on 1st January 2002.

In these Regulations “the principal Regulations” means the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1997^f1, and a reference in these Regulations to a numbered regulation is a reference to the regulation of the principal Regulations which bears that number.

Amend the principal Regulations in accordance with regulations 4 to 8.

Omit regulations 17 and 18.

After regulation 21 insert—

“Modification of section 438B of the Taxes Act

21A

(1)

Paragraphs (2) to (4) prescribe modifications of section 438B of the Taxes Act^f1 so far as it applies to friendly societies.

(2)

In subsection (1) before the words “basic life assurance and general annuity business” there shall be inserted the word “taxable”.

(3)

In subsection (3) before the words “basic life assurance and general annuity business” there shall be inserted the word “taxable”.

(4)

In paragraph (b) of subsection (5) before the words “BLAGAB profits” there shall be inserted the word “taxable”.

(5)

This regulation has effect from 6th April 2001.

21B

(1)

Paragraph (2) prescribes a modification of section 438B of the Taxes Act so far as it applies to—

(a)

non-directive societies, and

(b)

incorporated directive friendly societies to which neither subsection (2) nor subsection (3) of section 37 of the Friendly Societies Act 1992^f2 applies.

(2)

After subsection (6) there shall be added—

“(7)

In subsection (1) above “an asset of its long-term business fund” means—

(a)

an asset held primarily for the purposes of long-term business carried on by the society; and

(b)

the relevant fraction of each asset held neither primarily for the purposes of long term business nor primarily for the purposes of some other specific business carried on by the society.

(8)

For the purposes of subsection (7) above “the relevant fraction”, subject to subsection (9) below, is—

$$\genfrac{}{}{0.1ex}{}{\mathbf{\left(}\mathbf{0.5}\mathbf{\times }\mathbf{\left(}\mathbf{OLB}\mathbf{+}\mathbf{CLB}\mathbf{\right)}\mathbf{\right)}\mathbf{-}\mathbf{\left(}\mathbf{0.5}\mathbf{\times }\mathbf{\left(}\mathbf{OLA}\mathbf{+}\mathbf{CLA}\mathbf{\right)}\mathbf{\right)}}{\mathbf{\left(}\mathbf{0.5}\mathbf{\times }\mathbf{\left(}\mathbf{OTB}\mathbf{+}\mathbf{CTB}\mathbf{\right)}\mathbf{\right)}\mathbf{-}\mathbf{\left(}\mathbf{0.5}\mathbf{\times }\mathbf{\left(}\mathbf{OTA}\mathbf{+}\mathbf{CTA}\mathbf{\right)}\mathbf{\right)}}$$

Here—

• OLB and CLB are respectively the balances brought forward and carried forward in the fund accounts for those funds within which the society conducts its long-term business;

• OLA and CLA are respectively the opening and closing values of the assets already recognised at the beginning and end of the period of account as held for the purposes of long-term business carried on by the society;

• OTB and CTB are respectively the total balances brought forward and carried forward on all the society’s fund accounts; and

• OTA and CTA are respectively the opening and closing values of the assets already recognised at the beginning and end of the period of account as held for the purposes of long-term business or for the purposes of other specific business carried on by the society.

(9)

A balance on a general management fund or a general reserve fund shall be excluded from all the values and balances involved in the calculation of the relevant fraction for the purposes of subsection (7) above.

(10)

For the purposes of subsection (8) above references to balances brought forward and carried forward are reference to balances shown as brought forward and carried forward in the society’s periodical return.”.

(3)

This regulation has effect from 6th April 2001.”.

Omit regulation 41.

After regulation 53B^f1 insert—

“Modification of section 256 of the Capital Allowances Act 2001

53C

(1)

Paragraphs (2) and (3) prescribe modifications of section 256 of the Capital Allowances Act 2001^f2 so far as it applies to the life or endowment business carried on by friendly societies for chargeable periods ending on or after 1st April 2001.

(2)

In subsection (1)(a) before the words “basic life assurance and general assurance business” there shall be inserted the word “taxable”.

(3)

In subsection (2)(a) before the words “basic life assurance and general assurance business” there shall be inserted the word “taxable”.

Modification of section 560 of the Capital Allowances Act 2001

53D

(1)

Paragraph (2) prescribes a modification of section 560 of the Capital Allowances Act 2001 in respect of specified transactions occurring during chargeable periods ending on or after 1st April 2001.

(2)

In subsection (1) omit paragraph (b)^f3.”.

(This note is not part of the Regulations)