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
78-35
Taxable supplies relating to rights of subrogation
(1)
If, in settlement of a claim made by an insurer in the insurer
'
s exercising of rights of subrogation in respect of an *insurance policy, an entity that is not insured under the policy makes one or more of the following:
(a)
a payment of *money;
(b)
a payment of *digital currency;
(c)
a supply;
the payment or supply is
not
treated as *consideration for a supply made by the insurer (whether or not the payment or supply is made to the insurer) or by the entity insured.
History
S 78-35(1) substituted by No 118 of 2017, s 3 and Sch 1 item 8, effective 1 July 2017. For application provision, see note under the definition of
"
digital currency
"
in s
195-1
. S 78-35(1) formerly read:
(1)
If, in settlement of a claim made by an insurer in the insurer's exercising of rights of subrogation in respect of an *insurance policy, an entity that is not insured under the policy:
(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
not
treated as *consideration for a supply made by the insurer (whether or not the payment or supply is made to the insurer) or by the entity insured.
(2)
This section has effect despite section
9-15
(which is about consideration).
History
S 78-35 substituted by No 177 of 1999, s 3 and Sch 1 item 90, effective 1 July 2000. S 78-35 formerly read:
78-35 Payments of excess under insurance policies are not consideration for supplies
(1)
The making of any payment by an entity is not treated as *consideration for a supply, to the entity or any other entity, to the extent that the payment is the payment of an excess under an *insurance policy.
(2)
This section has effect despite section 9-15 (which is about consideration).