Finance Act 2009

Life assurance policies and investment funds.

10.— (1) The Principal Act is amended in section 730F(1)—

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

“(a) subject to paragraph (b), where the chargeable event falls on or after 1 January 2001, at the rate of 28 per cent,”,

and

(b) in paragraph (b) by substituting “(S+28) per cent” for “(S+26) per cent”.

(2) The Principal Act is amended in section 730J—

(a) in paragraph (a)(i) by substituting the following for clause (I):

“(I) where the payment is a relevant payment, at the rate of 25 per cent, and”,

(b) in paragraph (a)(i)(II)(A) by substituting “(S+28) per cent” for “(S+26) per cent”,

(c) in paragraph (a)(i)(II) by substituting the following for subclause (B):

“(B) in any other case, at the rate of 28 per cent,”,

and

(d) in paragraph (a)(ii)(I) by substituting “(H+25) per cent” for “(H+23) per cent”.

(3) The Principal Act is amended in section 730K(1)—

(a) by deleting “the rate determined by the formula” where it first occurs,

(b) in paragraph (a) by substituting “(S+28) per cent” for “(S+26) per cent”, and

(c) by substituting the following for paragraph (b):

“(b) in any other case, at the rate of 28 per cent”.

(4) The Principal Act is amended in Chapter 1A of Part 27—

(a) in section 739D by substituting the following for subsection (5A):

“(5A) The amount referred to in subsection (2)(dd) is the amount determined by the formula—

A × G × 100

100 - (G × 28)

where—

A is the appropriate tax payable on the transfer by a unit holder of entitlement to a unit in accordance with subsection (2)(d), and

G is the amount of the gain on that transfer of that unit divided by the value of that unit.”,

(b) in section 739E(1) 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 the rate of 25 per cent,”,

(c) in section 739E(1) by substituting the following for paragraph (b):

“(b) subject to paragraph (ba), where the chargeable event happens on or after 1 January 2001 and the amount of the gain is provided by paragraph (b), (c), (d), (dd) or (ddd) of section 739D(2), at the rate of 28 per cent,”,

(d) in section 739E(1)(ba) by substituting “(S+28) per cent” for “(S+26) per cent”, and

(e) in section 739G(2)(c) by substituting “specified in” for “determined in accordance with”.

(5) The Principal Act is amended in Chapter 4 of Part 27—

(a) in section 747D(a)(i)(I)(A) by substituting “(S+28) per cent” for “(S+26) per cent”,

(b) in section 747D(a)(i)(I) by substituting the following for subclause (B):

“(B) in any other case, at the rate of 25 per cent,”,

(c) in section 747D(a)(i)(II)(A) by substituting “(S+28) per cent” for “(S+26) per cent”,

(d) in section 747D(a)(i)(II) by substituting the following for subclause (B):

“(B) in any other case, at the rate of 28 per cent,”,

(e) in section 747D(a)(ii)(I) by substituting “(H+25) per cent” for “(H+23) per cent”,

(f) in section 747E(1)(b) by deleting “the rate determined”,

(g) in section 747E(1)(b)(i)—

(i) by inserting “at the rate determined” before “by the formula”, and

(ii) by substituting “(S+28) per cent” for “(S+26) per cent”,

and

(h) in section 747E(1)(b) by substituting the following for subparagraph (ii):

“(ii) in any other case, at the rate of 28 per cent.”.

(6) (a) 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 of the Principal Act) on or after 8 April 2009.

(b) Subsection (2) 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 of the Principal Act) on or after 8 April 2009.

(c) Subsection (3) 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 of the Principal Act) on or after 8 April 2009.

(d) Subsection (4) 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) of the Principal Act) on or after 8 April 2009.

(e) Paragraphs (a) to (e) of subsection (5) apply and have 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 of the Principal Act) on or after 8 April 2009.

(f) Paragraphs (f) to (h) of subsection (5) apply and have 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 of the Principal Act) on or after 8 April 2009.