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
78-5
GST on insurance premiums is exclusive of stamp duty
(1)
The *
value
of a *
taxable supply
of an *
insurance policy
is worked out as if the *
price
of the supply were reduced by the amount of any stamp duty payable under a *
State law
or *
Territory law
in respect of the supply.
(2)
This section has effect despite section
9-75
(which is about the value of taxable supplies).
History
S 78-5 substituted by No 177 of 1999, s 3 and Sch 1 item 90, effective 1 July 2000. S 78-5 formerly read:
78-5 Creditable acquisitions 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 an acquisition made by the insurer.
(2)
The acquisition is a
creditable acquisition
if:
(a)
the insurer settles the claim for a *creditable purpose; and
(b)
the insurer is *registered, or *required to be registered.
(3)
However, this section only applies if the supply of the *insurance policy by the insurer was a *taxable supply.
(4)
An
insurance policy
is a policy of insurance (or of reinsurance) against loss, damage, injury or risk of any kind, whether under a contract or a law. However, it does not include such a policy to the extent that it does not relate to insurance (or reinsurance) against loss, damage, injury or risk of any kind.
(5)
This section has effect despite section 11-5 (which is about what is a creditable acquisition).