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Legislation
Income Tax (Trading and Other Income) Act 2005

Crossheading Part surrenders and assignments: periodic calculations and excess events

  • Section 498 Requirement for periodic calculations in part surrender or assignment cases
  • Section 499 Meaning of “insurance year” and “final insurance year”
  • Section 500 Events treated as part surrenders
  • Section 501 Part surrenders: loans
  • Section 502 Exception from section 501 for loans to buy life annuities
  • Section 503 Exception from section 501 for certain loans under qualifying policies
  • Section 504 Part surrenders: payments under guaranteed income bonds etc.
  • Section 505 Assignments etc. involving co-ownership
  • Section 506 Assignments occurring when there is a co-ownership transaction
  • Section 507 Method for making periodic calculations under section 498
  • Section 507A Recalculating gains under section 507
  • Section 508 The value of rights partially surrendered or assigned
  • Section 509 Chargeable events in certain cases where periodic calculations show gains
  1. Part surrenders and assignments: periodic calculations and excess events
  2. Method for making periodic calculations under section 498

Section 507 | Method for making periodic calculations under section 498

From legislation.gov.uk

(1)This section deals with the calculation required to be made in relation to a policy or contract as at the end of an insurance year under section 498(2) (requirement for periodic calculations in part surrender and assignment cases) to determine—

(a)whether a gain has arisen, and

(b)if so, the amount of the gain.

(2)There is a gain if the net total value of rights surrendered or assigned exceeds the net total allowable payments (see subsections (4) and (5)).

(3)The gain is equal to the excess.

(4)To calculate the net total value of rights surrendered or assigned—Step 1Find—

(a)the value, as at the time of its surrender or assignment, of any part of or share in the rights under the policy or contract which has been surrendered at any time or assigned at any time for money or money's worth, and

(b)the value, as at the time of its assignment, of any part of or share in the rights under the policy or contract which has been assigned otherwise than for money or money's worth in an insurance year beginning on or before 5th April 2001,

(a)add together each such value which has been brought into account under this subsection on those events, and

(b)subtract the result of paragraph (a) from the result of step 2.

in each case determining the value in accordance with section 508.Step 2Add together those values.Step 3If any previous calculation events (other than personal portfolio bond events) have occurred in relation to the policy or contract—

(5)To calculate the net total allowable payments—Step 1Find the allowable element in each allowable payment by multiplying the amount of the payment by—

Formula

X20

where X is the number of insurance years in the period beginning with the year in which the payment is made and ending with the insurance year as at the end of which the calculation under this section is required to be made or, if it is less, 20.

Step 2Add together the allowable elements for all allowable payments.Step 3Add together all the allowable elements brought into account under this subsection on a previous calculation event.Step 4Subtract the result of step 3 from the result of step 2.

(6)In this section—

“allowable payment” means a premium, other than a retained replacement policy premium, and

“retained replacement policy premium” has the meaning given in section 495(2).

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