Finance (No. 2) Act 2008

Life assurance policies and investment funds.

27.— (1) The Principal Act is amended—

(a) in section 730F(1)—

(i) in paragraph (a) by substituting “(S + 6) per cent” for “(S + 3) per cent”, and

(ii) in paragraph (b) by substituting “(S + 26) per cent” for “(S + 23) per cent”,

(b) in Chapter 6 of Part 26—

(i) in section 730J(a)—

(I) by substituting the following for clause (I) of subparagraph (i):

“(I) where the payment is a relevant payment, at the rate determined by the formula—

(S + 3) per cent

where S is the standard rate per cent for the year of assessment in which the payment is made, and”,

(II) in subparagraph (i)(II)(A) by substituting “(S + 26) per cent” for “(S + 23) per cent”,

(III) in subparagraph (i)(II)(B) by substituting “(S + 6) per cent” for “(S + 3) per cent”, and

(IV) in subparagraph (ii)(I) by substituting “(H + 23) per cent” for “(H + 20) per cent”,

and

(ii) in section 730K(1)—

(I) in paragraph (a) by substituting “(S + 26) per cent” for “(S + 23) per cent”, and

(II) in paragraph (b) by substituting “(S + 6) per cent” for “(S + 3) per cent”,

(c) in Chapter 1A of Part 27—

(i) in the formula in section 739D(5A) by substituting“(S + 6)” for “(S + 3)”,

(ii) in section 739E—

(I) in subsection (1)—

(A) by substituting the following for paragraph (a):

“(a) subject to paragraph (ba), where the amount of the gain is provided by section 739D(2)(a), at a rate determined by the formula—

(S + 3) per cent

where S is the standard rate per cent for the year of assessment in which the gain arises,”,

(B) in paragraph (b) by substituting “(S + 6) per cent” for “(S + 3) per cent,”, and

(C) in paragraph (ba) by substituting “(S + 26) per cent” for “(S + 23) per cent,”,

and

(II) in subsection (1A) in the definition of “first tax” by substituting “section 739F or, as the case may be, in accordance with subsection (2A)(b)(iii) and section 739G(2A)” for “section 739F”,

and

(iii) in section 739G(2)(c) by substituting “at the rate determined in accordance with section 739E(1)(a),” for “at the standard rate,”,

and

(d) in Chapter 4 of Part 27—

(i) in section 747D—

(I) in paragraph (a)(i)(I)—

(A) by substituting “(S + 26) per cent” for “(S + 23) per cent,” in subclause (A), and

(B) by substituting the following for subclause (B):

“(B) in any other case, at the rate determined by the formula—

(S + 3) per cent

where S is the standard rate per cent for the year of assessment in which the relevant payment is made,”,

(II) in paragraph (a)(i)(II)(A) by substituting “(S + 26) per cent” for “(S + 23) per cent,”,

(III) in paragraph (a)(i)(II)(B) by substituting “(S + 6) per cent” for “(S + 3) per cent,”, and

(IV) in paragraph (a)(ii)(I) by substituting “(H + 23) per cent” for “(H + 20) per cent,”,

and

(ii) in section 747E(1)—

(I) in paragraph (b)(i) by substituting “(S + 26) per cent” for “(S + 23) per cent,”, and

(II) in paragraph (b)(ii) by substituting “(S + 6) per cent” for “(S + 3) per cent,”.

(2) (a) Paragraph (a) of subsection (1) applies and has effect as respects the happening of a chargeable event in relation to a life policy (within the meaning of Chapter 5 of Part 26) on or after 1 January 2009.

(b) Paragraph (b)(i) of subsection (1) applies and has effect as respects the receipt by any person of a payment in respect of a foreign life policy (within the meaning of Chapter 6 of Part 26) on or after 1 January 2009.

(c) Paragraph (b)(ii) of subsection (1) applies and has effect as respects the disposal in whole or in part of a foreign life policy (within the meaning of Chapter 6 of Part 26) on or after 1 January 2009.

(d) Paragraph (c) of subsection (1) applies and has effect as respects the happening of a chargeable event in relation to an investment undertaking (within the meaning of section 739B(1)) on or after 1 January 2009.

(e) Paragraph (d)(i) of subsection (1) applies and has effect as respects the receipt by any person of a payment in respect of a material interest in an offshore fund (within the meaning of Chapter 4 of Part 27) on or after 1 January 2009.

(f) Paragraph (d)(ii) of subsection (1) applies and has effect as respects the disposal in whole or in part by a person of a material interest in an offshore fund (within the meaning of Chapter 4 of Part 27) on or after 1 January 2009.