Taxation Laws Amendment Act (No. 4) 2003 (66 of 2003)
Schedule 3 Non-assessable non-exempt income
Income Tax Assessment Act 1997
126 Section 320-35
Repeal the section, substitute:
320-35 Exempt income
These amounts derived by a *life insurance company are exempt from income tax:
(a) amounts of *ordinary income and *statutory income accrued before 1 July 1988 that were derived from assets that have become *virtual PST assets;
(b) if the company is an *RSA provider - any amounts that, except for the operation of subsections 320-155(3) and (4), would have been taken into account under subsection 320-155(1) in calculating the *RSA component of the *complying superannuation class of the company's taxable income.
320-37 Non-assessable non-exempt income
(1) These amounts derived by a *life insurance company are not assessable income and are not *exempt income:
(a) amounts of ordinary income and statutory income derived from *segregated exempt assets, being income that relates to the period during which the assets were segregated exempt assets;
(b) amounts of ordinary income and statutory income derived from the *disposal of units in a *pooled superannuation trust;
(c) if an *Australian/overseas fund or an *overseas fund established by the company derived *foreign establishment amounts - the non-resident proportion of the foreign establishment amounts;
(d) if the company is a *friendly society:
(i) amounts derived before 1 July 2001 that are exempt from income tax under section 50-1; and
(ii) amounts derived on or after 1 July 2001 but before 1 January 2003, that are attributable to *income bonds or *funeral policies; and
(iii) amounts derived on or after 1 July 2001 but before 1 January 2003, that are attributable to *scholarship plans and would have been exempt from income tax under section 50-1 if they had been received before 1 July 2001; and
(iv) amounts derived on or after 1 January 2003 that are attributable to income bonds or funeral policies issued before 1 January 2003; and
(v) amounts derived on or after 1 January 2003 that are attributable to scholarship plans issued before 1 January 2003 and that would have been exempt from income tax if they had been received before 1 July 2001.
(2) For the purposes of paragraph (1)(c), the non-resident proportion of the *foreign establishment amounts is the amount worked out using the formula:
Foreign establishment amounts * (Non-resident foreign establishment policy liabilities / All Foreign establishment policy liabilities)
where:
all foreign establishment policy liabilities means the total of the policy liabilities (as defined in the *Valuation Standard), calculated by an *actuary, for all *life insurance policies included in the class of *life insurance business to which the company's *Australian/overseas fund or *overseas fund relates that were issued by the permanent establishment of the company in the foreign country.
non-resident foreign establishment policy liabilities means the total of the company's policy liabilities (as defined in the Valuation Standard), calculated by an actuary, for *non-resident life insurance policies.
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