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AI Summary of 785. Approval of contracts for dependants or for life assurance.
This section outlines the conditions under which the Revenue Commissioners will approve contracts related to annuities for individuals, specifically focusing on provisions for spouses, civil partners, and dependants. It stipulates that approval hinges on criteria regarding the timing and nature of annuity payments, including commencement ages and restrictions on contract terms.
Additionally, the provisions allow for flexibility with respect to trust schemes that primarily benefit the aforementioned parties. The Revenue Commissioners retain discretion to grant approval despite non-compliance with certain conditions, ensuring that such contracts continue to align with broader regulatory frameworks.
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785. Approval of contracts for dependants or for life assurance.
(1) The Revenue Commissioners may approve for the purposes of this Chapter a contract made by an individual with a person (in subsection (2) referred to as "the insurer") lawfully carrying on in the State the business of granting annuities on human life if -
(a) the main benefit secured by the contract is the provision of an annuity for the wife, husband or civil partner of the individual or for any one or more dependants of the individual, or
(b) the sole benefit secured by the contract is the provision of a lump sum on the death of the individual before he or she attains the age of 75 years, being a lump sum payable to the individual's personal representatives.
(1A) For the purposes of subsection (1), the reference in subsection (1) to a person lawfully carrying on in the State the business of granting annuities on human life shall include a reference to an insurance undertaking, authorised to transact insurance business in the State under Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 [OJ No. L345, 19.12.2002, p.1] or to a person authorised to transact insurance business by the authority in the United Kingdom charged by law with the duty of supervising such persons, that -
(a) is not resident in the State, or
(b) is not trading in the State through a fixed place of business.