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Legislation
Finance Act 1994

Crossheading Miscellaneous

  • Section 226 Provisions which are not to apply.
  • Section 227 Cessation: final underwriting year.
  • Section 227A Restriction of group relief
  • Section 227B Transfer of underwriting business without change of ownership
  • Section 227C Exemption for profits or losses of foreign permanent establishments
  • Section 228 Lloyd’s underwriters: individuals.
  1. Miscellaneous
  2. Transfer of underwriting business without change of ownership

Section 227B | Transfer of underwriting business without change of ownership F1

From legislation.gov.uk

(1)This section applies where, in accordance with the rules or practice of Lloyd's, a corporate member (“the successor”) has taken up the syndicate capacity of another corporate member (“the predecessor”).

(2)Chapter 1 of Part 22 of the Corporation Tax Act 2010 (transfers of trade without a change of ownership) applies as if—F2

(a)the transferred trade referred to in that Chapter were the underwriting business of the predecessor,F3

(b)the predecessor ceases to carry it on, and the successor begins to carry it on, at the end of the first underwriting year in which profits or losses of the predecessor's last active underwriting year are declared, and

(c)sections 951 and 952 were omitted.F4

(3)For the purposes of subsection (1) above the successor has taken up the predecessor's syndicate capacity if it has taken up the rights to participate in syndicates which were (or otherwise would be) offered to the predecessor.

(4)In subsection (2)(b) above “last active underwriting year” has the same meaning as in section 227A above (see subsections (2) to (4) of that section).

Notes

  1. F1

    S. 227B inserted (19.7.2007 with effect in accordance with s. 43(2) of the amending Act) by Finance Act 2007 (c. 11), s. 43(1)

  2. F2

    Words in s. 227B(2) substituted (1.4.2013) (with effect in accordance with art. 1(3) of the amending S.I.) by The Tax Law Rewrite Acts (Amendment) Order 2013 (S.I. 2013/463), arts. 1(2), 7(2)(a)

  3. F3

    Words in s. 227B(2)(a) substituted (1.4.2013) (with effect in accordance with art. 1(3) of the amending S.I.) by The Tax Law Rewrite Acts (Amendment) Order 2013 (S.I. 2013/463), arts. 1(2), 7(2)(b)

  4. F4

    Words in s. 227B(2)(c) substituted (1.4.2013) (with effect in accordance with art. 1(3) of the amending S.I.) by The Tax Law Rewrite Acts (Amendment) Order 2013 (S.I. 2013/463), arts. 1(2), 7(2)(c)

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