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Legislation
Taxation of Chargeable Gains Act 1992

Chapter III Insurance

  • Section 204 Policies of insurance and non-deferred annuities
  • Section 205 Disallowance of insurance premiums as expenses.
  • Section 206 Underwriters.
  • Section 207 Disposal of assets in premiums trust fund
  • Section 208 Premiums trust funds: indexation.
  • Section 209 Interpretation, regulations about underwriters
  • Section 210 Life assurance and deferred annuities.
  • Section 210A Ring-fencing of losses
  • Section 210B Disposal and acquisition of section 119 or 120 securities
  • Section 210C Losses on disposal of authorised investment fund assets to connected manager
  • Section 211 Transfers of business.
  • Section 211ZA Transfers of business: transfer of unused losses
  • Section 211A Gains of insurance company from venture capital investment partnership
  • Section 211B Transfers of assets to certain collective investment schemes
  • Section 212 Annual deemed disposal of holdings of unit trusts etc.
  • Section 213 Spreading of gains and losses under section 212.
  • Section 213A Power to modify ss. 212 and 213 etc in case of CFCs that are offshore funds
  • Section 214 Transitional provisions.
  • Section 214A Further transitional provisions.
  • Section 214B Modification of Act in relation to overseas life insurance companies.
  • Section 214BA Interpretation
  1. Chapter III · Insurance
  2. Transfers of business.

Section 211 | Transfers of business.

From legislation.gov.uk

(1)This section applies where an insurance business transfer scheme has effect to transfer business which consists of the effecting or carrying out of contracts of long-term insurance from one person (“the transferor”) to another (“the transferee”).F1

(1A)RepealedF2F1

(2)Where this section applies the transferor and the transferee are treated for the purposes of corporation tax on chargeable gains as if any assets included in the transfer which—F3

(a)immediately before they are acquired by the transferee, were assets held by the transferor for the purposes of its long-term business, andF3F4

(b)immediately after they are so acquired are assets held by the transferee for the purposes of its long-term business,F3F5

were acquired for a consideration of such amount as would secure that neither a gain nor a loss would accrue to the transferor on the disposal.

(2A)The reference in subsection (2) above to assets included in the transfer does not include assets which formed part of the long-term business fixed capital of the company in question.F3F6F7

(3)Subsection (2) above is subject to section 212.F3

(3)RepealedF8

(4)Subsection (2) does not apply in relation to assets which are referable to the long-term business of the transferor if all the income of the transferor's long-term business is chargeable to corporation tax on income under section 35 of CTA 2009.F9

Notes

  1. F1

    S. 211(1)(1A) substituted (with effect in accordance with art. 66(2) of the amending S.I.) for s. 211(1) by The Financial Services and Markets Act 2000 (Consequential Amendments) (Taxes) Order 2001 (S.I. 2001/3629), arts. 1(2)(a), 66(1)

  2. F2

    S. 211(1A) repealed (10.7.2003) by Finance Act 2003 (c. 14), Sch. 43 Pt. 3(12)

  3. F3

    S. 211(2)(3) substituted for s. 211(2)(2A) (with effect in accordance with Sch. 9 para. 17(1) of the amending Act) by Finance Act 2007 (c. 11), Sch. 9 para. 14(2)

  4. F4

    Words in s. 211(2)(a) substituted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 16 para. 83(2)(a)

  5. F5

    Words in s. 211(2)(b) substituted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 16 para. 83(2)(b)

  6. F6

    S. 211(2A) inserted (with effect in accordance with Sch. 10 para. 17(2)(3) of the amending Act) by Finance Act 2007 (c. 11), Sch. 10 para. 2(4)

  7. F7

    Words in s. 211(2A) substituted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 16 para. 83(3)

  8. F8

    S. 211(3) repealed (with effect in accordance with Sch. 29 paras. 5(4), 30(5), Sch. 40 Pt. II(12) Note 10 of the amending Act) by Finance Act 2000 (c. 17), Sch. 29 para. 30(4), Sch. 40 Pt. II(12) (with Sch. 29 para. 46(5))

  9. F9

    S. 211(4) inserted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 16 para. 83(4)

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