Chapter 4
-
The special rules
Part 4-2
-
Special rules mainly about supplies and acquisitions
Note:
The special rules in this Part mainly modify the operation of
Part 2-2
, but they may affect other Parts of
Chapter 2
in minor ways.
Division 78
-
Insurance
Subdivision 78-A
-
Insurers
78-30
Acquisitions by insurers in the course of settling claims under non-taxable policies
(1)
An acquisition is not a *
creditable acquisition
if:
(a)
the insurer makes the acquisition:
(i)
to the extent that the acquisition is an acquisition of goods
-
solely for the purpose of supplying the goods in the course of settling a claim under an *
insurance policy
; or
(ii)
otherwise
-
solely for a purpose directly related to settling a particular claim under an *
insurance policy
; and
(b)
the supply of the insurance policy by the insurer was *
GST-free
.
History
S 78-30(1) amended by No 156 of 2000, s 3 and Sch 6 items 23 to 25, by omitting ``of *goods'' after ``An acquisition'', substituting para (a) and substituting ``was *GST-free'' for ``was not a *taxable supply'' in para (b), applicable in relation to net amounts for tax periods starting on or after 1 July 2000. Para (a) formerly read:
(a)
it is
solely
an acquisition made by an insurer for the purpose of supplying the goods in the course of settling a claim under an *insurance policy; and
(2)
This section has effect despite section
11-5
(which is about what is a creditable acquisition).
History
S 78-30 substituted by No 177 of 1999, s 3 and Sch 1 item 90, effective 1 July 2000. S 78-30 formerly read:
78-30 Taxable supplies relating to settlements of insurance claims
(1)
If, in settlement of a claim under an *insurance policy, an insurer:
(a)
makes a payment of *money; or
(b)
makes a supply; or
(c)
makes both a payment of money and a supply;
the payment or supply is treated as *consideration for a supply made by the entity insured under the insurance policy, whether or not the payment or supply is made to that entity.
(2)
The supply made by the entity insured under the insurance policy is a
taxable supply
if the entity was entitled to an input tax credit for the premium it paid relating to the period during which the event giving rise to the claim happened.
(3)
It does not matter whether the entity is *registered, or *required to be registered, at the time of the settlement or at the time of the payment or supply by the insurer.
Note:
Subdivision 78-D deals with how GST applies to the taxable supply if the insured entity is not registered, or required to be registered.
(4)
However, the supply to the entity insured is not a *taxable supply to the extent (if any) that the *consideration for the supply is a taxable supply.
(5)
This section has effect despite section 9-5 (which is about what are taxable supplies) and section 9-15 (which is about consideration).