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Your FLP for an income year is a life assurance policy issued by an entity that was not a resident at any time in that income year.
A life assurance policy is one that provides for the payment of benefits:
- upon death, other than death by accident or specified sickness only, or
- on the happening of a specified event which relates to the ending or continuing of a human life.
A life assurance policy also includes an instrument that grants an annuity for a term dependent upon a human life. [subsection 482(2)]
The FIF measures do not apply to the following four categories of life policies:
- an Australian policy, provided that the entity which issued the policy was authorised under the Life Insurance Act 1995 to carry on life insurance business in Australia when it issued the policy
- policies that provide for payment of benefits only on death, or death or permanent disability, and in respect of which the premiums or premium instalments is calculated solely by reference to the period for which the life concerned is expected to continue, or within which the life concerned is expected to terminate
- policies issued before 1 July 1992 that cannot, after that date, be cancelled, surrendered or redeemed and for which the terms have not, after that date, been altered in any material way, or
- a contract of reinsurance between a resident insurer and a non-resident reinsurer for life assurance policies which provide only life cover. [paragraphs 482(2)(e) and (f)]
You have an interest in a FLP if you have legal title to the FLP. [subsection 483(3)
Interest in a FLP subject to taxation
Your assessable income for an income year includes FIF income if:
Last modified: 28 Jun 2007QC 27895
- you had an interest in a FLP at any time during the FLP's notional accounting period that ends in your income year, and
- you were a resident at any time in that income year. [subsection 485(4)]