Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-35 - INSURANCE BUSINESS  

Division 320 - Life insurance companies  

Subdivision 320-B - What is included in a life insurance company ' s assessable income  

Operative provisions

SECTION 320-30   Assessable income - special provision for certain income years  

320-30(1)  
This section applies to a *life insurance company for each of the following income years (each a relevant income year ):


(a) the income year in which 1 July 2000 occurs;


(b) the 4 following income years.

Note:

The effect of this section is modified when the life insurance business of a life insurance company is transferred to another life insurance company: see section 320-340 .

320-30(2)  
If:


(a) the *value of the company ' s liabilities at the end of 30 June 2000 under its *continuous disability policies (being the value used by the company for the purposes of its *income tax return);

exceeds


(b) the value of the company ' s liabilities at the end of 30 June 2000 under the *net risk components of its continuous disability policies as calculated under subsection 320-85(4) ;

the company ' s assessable income for each relevant income year includes an amount equal to one-fifth of the excess.

320-30(3)  
However, if a *life insurance company ceases in a relevant income year to carry on *life insurance business or to have any liabilities under the *net risk components of *continuous disability policies, subsection (2) does not apply for that income year or any future income years but the company ' s assessable income for that income year includes so much of the excess referred to in subsection (2) as has not been included in the company ' s assessable income for any previous relevant income years.


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