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Legislation
Taxation (International and Other Provisions) Act 2010

Chapter 3 The CFC charge gateway: determining which (if any) of Chapters 4 to 8 applies

  • Section 371CA Does Chapter 4 apply?
  • Section 371CB Does Chapter 5 apply?
  • Section 371CC Incidental non-trading finance profits: the 5% rule
  • Section 371CD Incidental non-trading finance profits: the further 5% rule
  • Section 371CE Does Chapter 6 apply?
  • Section 371CEA Section 371CE: meaning of “group treasury company”
  • Section 371CF Does Chapter 7 apply?
  • Section 371CG Does Chapter 8 apply?
  1. Chapter 3 · The CFC charge gateway: determining which (if any) of Chapters 4 to 8 applies
  2. Does Chapter 7 apply?

Section 371CF | Does Chapter 7 apply?

From legislation.gov.uk

(1)Chapter 7 (captive insurance business) applies for a CFC's accounting period if (and only if)—

(a)at any time during the accounting period, the main part of the CFC's business is insurance business, and

(b)the CFC's assumed total profits include amounts falling within subsection (2).

(2)An amount falls within this subsection if it derives (directly or indirectly) from—

(a)a contract of insurance which is entered into with—

(i)a UK resident company connected with the CFC, or

(ii)a non-UK resident company connected with the CFC acting through a UK permanent establishment, or

(b)a contract of insurance which—

(i)is entered into with a UK resident person, and

(ii)is linked (directly or indirectly) to the provision of goods or services to the UK resident person by a UK connected company.

(3)In subsection (2)(b)(ii)—

“services” does not include services provided as part of insurance business, and

“UK connected company” means—

(a)a UK resident company connected with the CFC, or

(b)a non-UK resident company connected with the CFC acting through a UK permanent establishment.

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