A New Tax System (Goods and Services Tax Transition) Act 1999

Part 5 - Special transitional rules  

22   Event before 1 July 2000 giving rise to claim  

(1)  


The settlement of an insurance claim does not give rise to any adjustment, and is not a taxable supply, under Division 78 of the GST Act to the extent that the event giving rise to the claim happened before 1 July 2000.

(2)  


However, if:


(a) the claim relates to an insurance policy covering a period that started before 1 July 2000 and ends after that day; and


(b) it cannot be ascertained whether the event giving rise to the claim happened before 1 July 2000;

subsection (1) does not apply, and the settlement does not give rise to any adjustment, and is not a taxable supply, under Division 78 of the GST Act if the claim was made before 1 July 2000.

(3)  


The settlement of a claim for compensation does not give rise to any adjustment, and is not a taxable supply, under Division 79 or 80 of the GST Act to the extent that the event giving rise to the claim happened before 1 July 2000.

(4)  


However, if:


(a) the claim is one mentioned in section 79-25 of the GST Act and the insurance policy concerned covers a period that started before 1 July 2000 and ends after that day; and


(b) it cannot be ascertained whether the event giving rise to the claim happened before 1 July 2000;

subsection (3) does not apply and the settlement does not give rise to any adjustment, and is not a taxable supply, under Division 79 or 80 of the GST Act if the claim was made before 1 July 2000.




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