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Subrogation

How to complete your activity statement when subrogation applies.

Last updated 24 May 2017

Insured entitled to full input tax credit

Flowchart - Insured entitled to full input tax credit

The insured purchased a comprehensive motor vehicle insurance policy from a motor vehicle insurer for $1,330. The policy premium consisted of:

Base premium

$1,200

GST on policy

$120

Stamp duty on policy

$10

Total cost of policy

$1,330

The insured is registered for GST and has notified the insurer of their entitlement to a full input tax credit on the policy premium. There is no excess on this policy.

The motor vehicle is damaged in an accident and taken to a panel beater for repairs. The insurer is advised that the cost to repair the vehicle is $5,500 (GST-inclusive). The insurer contracts with the panel beater and pays $5,500 for the repairs.

The insurer exercises their right of subrogation and recovers $3,000 from the party found at fault. The subrogation payment is received in a subsequent tax period.

Table: How the insurer would treat this situation on their activity statement

Description of payment

Amount shown on activity statement

Activity statement label

Reason

Base premium inclusive of GST.

$1,320

G1

Payment for a sale made in the course of the insurance business.

GST on policy.

$120

1A

GST in respect of the sale made in the course of the insurance business.

Stamp duty on policy ($10).

Nil

Not applicable

Stamp duty on insurance is not included on the activity statement.

Payment to repairer.

$5,500

G11

Acquisition is a non-capital purchase.

GST portion of repairer's payment.

$500

1B

GST on purchase.

Subrogation payment on later activity statement ($3,000).

Nil

Not applicable

A Division 19 increasing adjustment does not apply to this transaction as the insurer had no decreasing adjustment under Division 78.

Insured entitled to partial input tax credit

Flowchart - Insured entitled to partial input tax credit

The insured purchased building and contents insurance from a general insurer at a cost of $12,352. The policy premium consisted of:

Base premium (including fire service levy)

$11,000

GST on policy

$1,100

Stamp duty on policy

$252

Total cost of policy

$12,352

The insured is registered for GST and has notified the insurer of their entitlement to a 70% input tax credit on the policy premium. Under the terms and conditions of the policy, the insurer can adjust settlement amounts paid under the policy to reflect the insured's input tax credit entitlement. There is no excess on this policy.

The insured makes a claim against the policy and the insurer assesses the damages as being $11,000 (GST-inclusive). The insurer forwards a cheque to the insured for $10,300 as the insured would be entitled to an input tax credit of $700 if it spent the money on an acquisition for which it was entitled to 70% input tax credits. The $700 is 70% of the GST included in an $11,000 GST-inclusive acquisition. The insurer exercises its right of subrogation and recovers $8,034 from the party found at fault. The subrogation payment is received in a subsequent tax period.

Table: How the insurer would treat this situation on their activity statement

Description of payment

Amount shown on activity statement

Activity statement label

Reason

Base premium inclusive of fire service levy and GST.

$12,100

G1

Payment for a sale made in the course of the insurance business.

GST on policy.

$1,100

1A

GST in respect of the sale made in the course of the insurance business.

Stamp duty on policy ($252).

Nil

Not applicable

Stamp duty on insurance is not included on the activity statement.

Payment to insured ($10,300).

Nil

Not applicable

Not an acquisition. Decreasing adjustment will apply to this payment.

Decreasing adjustment applicable to payment ($10,300).

$300
(see calculation (i) below)

1B

Amount of decreasing adjustment.

Subrogation payment on later activity statement ($8,034).

Nil

Not applicable

Not an acquisition. Increasing adjustment will apply to this subrogation payment.

Increasing adjustment applicable to subrogation payment ($8,034).

$234
(see calculation (ii) below)

1A

Amount of increasing adjustment.

Decreasing adjustment (DA) calculation - partial entitlement to input tax credits

The section 78-15 decreasing adjustment is calculated as follows:

DA = 1/11th × Settlement amount × (1 − extent of input tax credit)

The settlement amount is calculated as follows:

  • Step 1: The sum of the payments of money made in settlement of the claim
  • plus
  • Step 2: The GST-inclusive market value of the supplies (if any) made by the insurer in settlement of the claim (other than supplies that would have been taxable supplies but for section 78-25)
  • minus
  • Step 3: The sum of any payments of excess made to the insurer under the insurance policy in question (except to the extent that they are payments of excess to which section 78-18 applies)
  • multiplied by

Step 4

11/(11-extent of ITC)

Table: Example of calculating the settlement amount

 

Step 1

 

Step 2

 

Step 3

 

Step 4

Settlement amount =

$10,300

+

0

0

×

11÷(11−0.7)

=

$10,300

+

0

0

×

11÷10.3

=

$11,000

 

 

 

 

 

 

DA =

1/11

×

$11,000

×

(1 − 0.7)

 

 

=

1/11

×

$11,000

×

0.3

 

 

=

$300

 

 

 

 

 

 

Amount to be shown at 1B on the activity statement is $300.

Corrected decreasing adjustment (DA) calculation - partial entitlement to input tax credits

The exercise of the insurer's right of subrogation effectively overstates the original decreasing adjustment. Division 19 requires a correcting calculation to be performed. The correction is the difference between what was originally claimed and what should have been claimed, that is, the difference between the DA using $10,300 and a DA using $2266 ($10,300 less $8,034).

DA = 1/11th × Settlement amount × (1 - extent of input tax credit)

The settlement amount is calculated as follows:

  • Step 1: The sum of the payments of money made in settlement of the claim
  • plus
  • Step 2: The GST-inclusive market value of the supplies (if any) made by the insurer in settlement of the claim (other than supplies that would have been taxable supplies but for section 78-25)
  • minus
  • Step 3: The sum of any payments of excess made to the insurer under the insurance policy in question (except to the extent that they are payments of excess to which section 78-18 applies)
  • multiplied by

Step 4

11/(11-extent of ITC)

Table: Example of calculating the settlement amount

 

Step 1

 

Step 2

 

Step 3

 

Step 4

Settlement amount =

$2,266

+

0

0

×

11÷(11−0.7)

=

$2,266

+

0

0

×

11÷10.3

=

$2,420

 

 

 

 

 

 

DA =

1/11

×

$2,420

×

(1 − 0.7)

 

 

=

1/11

×

$2,420

×

0.3

 

 

=

$66

 

 

 

 

 

 

 

Subrogation Adjustment =

Original DA

-

Corrected DA

=

$300

-

$66

=

$234

 

 

Amount to be shown at 1A on the activity statement as an increasing adjustment is $234.

Insured not entitled to input tax credit

Flowchart - Insured not entitled to input tax credit

The insured purchased a contents insurance policy from a general insurer for $1,057. The policy premium consisted of:

Base premium

$950

GST on policy

$95

Stamp duty on policy

$12

Total cost of policy

$1,057

The insured is registered for GST and makes only input taxed supplies. The insured has notified the insurer that they do not have any entitlement to input tax credits on the policy premium. There is no excess on this policy.

The insured makes a claim and the insurer is advised that the cost to repair the damaged contents is $6,325 (GST-inclusive). The insurer pays the insured $6,325 in full settlement of the claim.

The insurer exercises their right of subrogation and recovers $3,300 from the party found at fault. The subrogation payment is received in a subsequent tax period.

Table: How the insurer would treat this situation on their activity statement

Description of payment

Amount shown on activity statement

Activity statement label

Reason

Base premium inclusive of GST.

$1,045

G1

Payment for a sale made in the course of the insurance business.

GST on policy.

$95

1A

GST in respect of the sale made in the course of the insurance business.

Stamp duty on policy ($12).

Nil

Not applicable

Stamp duty on insurance is not included on the activity statement.

Payment to insured ($6,325).

Nil

Not applicable

Not an acquisition. Decreasing adjustment will apply to this payment.

Decreasing adjustment applicable to payment ($6,325).

$575
(see calculation (i) below)

1B

Amount of decreasing adjustment.

Subrogation payment on later activity statement ($3,300).

Nil

Not applicable

Not an acquisition. Increasing adjustment will apply to this payment.

Increasing adjustment applicable to subrogation payment ($3,300).

$300
(see calculation (ii) below)

1A

Amount of Increasing adjustment.

Decreasing adjustment (DA) calculation - no entitlement to input tax credits

The section 78-15 decreasing adjustment is calculated as follows:

DA = 1/11th × Settlement amount × (1 − extent of input tax credit)

The settlement amount is calculated as follows:

  • Step 1: The sum of the payments of money made in settlement of the claim
  • plus
  • Step 2: The GST-inclusive market value of the supplies (if any) made by the insurer in settlement of the claim (other than supplies that would have been taxable supplies but for section 78-25)
  • minus
  • Step 3: The sum of any payments of excess made to the insurer under the insurance policy in question (except to the extent that they are payments of excess to which section 78-18 applies)
  • multiplied by

Step 4

11/(11-extent of ITC)

Table: Example of calculating the settlement amount

 

Step 1

 

Step 2

 

Step 3

 

Step 4

Settlement amount =

$6,325

+

0

0

×

11÷(11−0)

=

$6,325

+

0

0

×

11÷11

=

$6,325

 

 

 

 

 

 

DA =

1/11

×

$6,325

×

(1 − 0)

 

 

=

1/11

×

$6,325

×

1

 

 

=

$575

 

 

 

 

 

 

Amount to be shown at 1B on the activity statement is $575.

Corrected decreasing adjustment (DA) calculation - no entitlement to input tax credits

The exercise of the insurer's right of subrogation effectively overstates the original decreasing adjustment. Division 19 requires a correcting calculation to be performed. The correction is the difference between what was originally claimed and what should have been claimed, that is, the difference between the DA using $6,325 and a DA using $3,025 ($6,325 less $3,300).

The section 78-15 decreasing adjustment is calculated as follows:

DA = 1/11th × Settlement amount × (1 − extent of input tax credit)

The settlement amount is calculated as follows:

  • Step 1: The sum of the payments of money made in settlement of the claim
  • plus
  • Step 2: The GST-inclusive market value of the supplies (if any) made by the insurer in settlement of the claim (other than supplies that would have been taxable supplies but for section 78-25)
  • minus
  • Step 3: The sum of any payments of excess made to the insurer under the insurance policy in question (except to the extent that they are payments of excess to which section 78-18 applies)
  • multiplied by

Step 4

11/(11-extent of ITC)

Table: Example of calculating the settlement amount

 

Step 1

 

Step 2

 

Step 3

 

Step 4

Settlement amount =

$3,025

+

0

0

×

11÷(11−0)

=

$3,025

+

0

0

×

11÷11

=

$3,025

 

 

 

 

 

 

DA =

1/11

×

$3,025

×

(1 − 0)

 

 

=

1/11

×

$3,025

×

1

 

 

=

$275

 

 

 

 

 

 

 

Subrogation Adjustment =

Original DA

-

Corrected DA

=

$575

-

$275

=

$300

 

 

Amount to be shown at 1A on the activity statement as an increasing adjustment is $300.

See also:

QC16293