CHAPTER 3
-
SPECIALIST LIABILITY RULES
PART 3-35
-
INSURANCE BUSINESS
History
Part 3-35 heading amended by No 169 of 2001.
Part 3-35 inserted by No 89 of 2000.
Division 320
-
Life insurance companies
History
Div 320 inserted by No 89 of 2000.
Subdivision 320-D
-
Income tax, taxable income and tax loss of life insurance companies
History
Subdiv 320-D substituted by No 83 of 2004 and inserted by No 89 of 2000.
Taxable income and tax loss of life insurance companies
SECTION 320-141
Tax loss
-
complying superannuation class
Working out a tax loss of the complying superannuation class
320-141(1)
A *life insurance company
'
s *tax loss of the
complying superannuation class
is a tax loss worked out under this Act on the basis of only:
(a)
assessable income of the company that is covered by subsection
320-137(2)
; and
(b)
deductions of the company that are covered by subsection
320-137(4)
; and
(c)
*net exempt income of the company that is attributable to *exempt income *derived:
(i)
from the company
'
s *complying superannuation assets; and
(ii)
in relation to the period during which those assets were complying superannuation assets.
Note:
For the usual way of working out a tax loss: see section
36-10
. For other ways of working out a tax loss: see section
36-25
.
History
S 320-141(1) amended by No 70 of 2015, s 3 and Sch 1 items 189 and 192, by substituting
"
superannuation
"
for
"
superannuation/FHSA
"
in para (c)(i) and (ii) and
"
superannuation
"
for
"
superannuation/FHSA
"
, effective 1 July 2015.
S 320-141(1) amended by No 45 of 2008, s 3 and Sch 7 item 21, by substituting
"
complying superannuation/FHSA class
"
for
"
complying superannuation class
"
, effective 26 June 2008.
S 320-141(1) amended by No 45 of 2008, s 3 and Sch 4 item 27, by substituting
"
complying superannuation/FHSA
"
for
"
virtual PST
"
in para (c)(i) and (ii), effective 26 June 2008.
Deducting a tax loss of the complying superannuation class
320-141(2)
A *life insurance company
'
s *tax loss of the
complying superannuation class
can be deducted under this Act only from:
(a)
*net exempt income of the company that is attributable to *exempt income *derived:
(i)
from the company
'
s *complying superannuation assets; and
(ii)
in relation to the period during which those assets were complying superannuation assets; and
(b)
assessable income of the company that is covered by subsection
320-137(2)
, reduced by deductions of the company that are covered by subsection
320-137(4)
.
Note:
For the usual way of deducting a tax loss: see section
36-17
. For other ways of deducting a tax loss: see section
36-25
.
History
S 320-141(2) amended by No 70 of 2015, s 3 and Sch 1 items 189 and 192, by substituting
"
superannuation
"
for
"
superannuation/FHSA
"
in para (a)(i) and (ii) and
"
superannuation
"
for
"
superannuation/FHSA
"
, effective 1 July 2015.
S 320-141(2) amended by No 41 of 2011, s 3 and Sch 5 items 151 and 152, by substituting
"
*complying superannuation/FHSA assets
"
for
"
*virtual PST assets
"
in para (a)(i) and
"
complying superannuation/FHSA assets
"
for
"
virtual PST assets
"
in para (a)(ii), applicable on and after 26 June 2008.
S 320-141(2) amended by No 45 of 2008, s 3 and Sch 7 item 23, by substituting
"
complying superannuation/FHSA class
"
for
"
complying superannuation class
"
, effective 26 June 2008.
History
S 320-141 amended by No 83 of 2004 and inserted by No 83 of 2004.