Taxation Determination

TD 92/145

Income tax: insurance: does the date of commencement of risk of a policy of life assurance recommence as a result of a Court approved merger or takeover of a life assurance company where the policy holder is issued with a replacement policy by the merged or acquiring life assurance company?

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    This Ruling has been reviewed as part of a project to review public rulings. The ATO view expressed in this Ruling is current as of 8 January 2018.

FOI status:

may be releasedFOI number: I 1213152

This Determination, to the extent that it is capable of being a 'public ruling' in terms of Part IVAAA of the Taxation Administration Act 1953, is a public ruling for the purposes of that Part. Taxation Ruling TR 92/1 explains when a Determination is a public ruling and how it is binding on the Commissioner. Unless otherwise stated, the Determination applies to transactions entered into both before and after its date of issue.

1. No. Providing the replacement policy merely reflects the change of name of the life assurance company liable under the policy, and the original contractual terms are otherwise unaltered, the 'date of commencement of risk' of the policy (as defined in subsection 26AH(1)), does not recommence.

Commissioner of Taxation


ATO references:
NO Insurance Industry Cell

ISSN 1038 - 3158

Related Rulings/Determinations:

TD 92/144
IT 2346

Subject References:
Life assurance companies
definition: date of commencement of risk of a policy

Legislative References:
ITAA 26AH(1)