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INCOME TAX ASSESSMENT ACT 1997 - SECT 713.725

Treatment of certain assets and liabilities of general insurance companies

  (1)   This section applies if a * general insurance company becomes or ceases to be a * subsidiary member of a * consolidated group.

  (2)   If the * general insurance company becomes a * subsidiary member of the group:

  (a)   in working out the step 2 amount for the purposes of the table in section   705 - 60, reduce that amount by the sum of the amount of each thing mentioned in subsection   (4); and

  (b)   in working out the * tax cost setting amount of a thing mentioned in subsection   (4) for the purposes of section   705 - 35, treat the * market value of the thing as zero.

  (3)   If the * general insurance company ceases to be a * subsidiary member of the group:

  (a)   in working out the step 4 amount for the purposes of the table in section   711 - 20, reduce that amount by the sum of the amount of each thing mentioned in subsection   (4); and

  (b)   for the purposes of section   711 - 25, treat the * terminating value of a thing mentioned in subsection   (4) as zero.

  (4)   The things are the * general insurance company's:

  (a)   * assets for insurance acquisition cash flows to the extent that they are used to measure the company's adjusted * liability for remaining coverage; and

  (b)   deferred reinsurance expenses to the extent that they are used to measure the company's adjusted liability for remaining coverage; and

  (c)   recoveries receivable, or potential recoveries, measured under the * applicable insurance contracts standard to the extent that they relate to insurance contracts or reinsurance contracts; and

  (d)   claims handling costs that are neither attached to, nor directly attributable to, a particular claim, to the extent that these costs are used to measure the company's adjusted * liability for incurred claims; and

  (e)   loss components and loss - recovery components of onerous contracts to the extent that they are used to measure the company's adjusted liability for remaining coverage.

 

Table of Subdivisions

715 - A   Treatment of unrealised losses existing when ownership or control of a company changes before or during consolidation

715 - B   How Subdivision   165 - CD applies to consolidated groups and leaving entities

715 - C   Common rules for the purposes of Subdivisions   715 - A and 715 - B

715 - D   Treatment of company's deferred losses under Subdivision   170 - D on joining a consolidated group

715 - E   Interactions with Division   775 (Foreign currency gains and losses)

715 - F   Interactions with Division   230 (financial arrangements)

715 - G   How value shifting rules apply to a consolidated group

715 - H   Cancelling loss on realisation event for direct or indirect interest in a member of a consolidated group

715 - J   Entry history rule and choices

715 - K   Exit history rule and choices

715 - U   Effect on conduit foreign income

715 - V   Entity ceasing to be exempt from income tax on becoming subsidiary member of consolidated group

715 - W   Effect on arrangements where CGT roll - overs are obtained

Table of sections

Object

715 - 15   Object of this Subdivision

Effect on Subdivision   165 - CC of a company becoming a member of a consolidated group

715 - 25   Subdivision   165 - CC stops applying to earlier changeover time

715 - 30   Meaning of 165 - CC tagged asset

715 - 35   Meaning of final RUNL

165 - CC tagged assets that affect tax cost setting amounts

715 - 50   Step 1 amount is reduced if membership interest in subsidiary member is 165 - CC tagged asset and business continuity test is failed

715 - 55   Step 2 amount is affected if liability of subsidiary member is 165 - CC tagged asset of another group member and business continuity test is failed

165 - CC tagged assets that form loss denial pools of head company when consolidated group is formed

715 - 60   Assets that the head company already owns

715 - 70   Assets of subsidiary member that become those of head company

How Subdivision   165 - CC applies to consolidated groups

715 - 75   Extension of single entity rule and entry history rule

Effect on Subdivision   165 - CC of entity leaving consolidated group

715 - 80   Application of sections   715 - 85 to 715 - 110

715 - 85   First changeover time for leaving company at or after leaving time

715 - 90   How business continuity test applies if leaving time is changeover time for leaving company

715 - 95   If ownership and control of leaving entity have not changed since head company's last changeover time

715 - 100   First choice: adjustable values of leaving assets reduced to nil

715 - 105   Second choice: head company's final RUNL applied in reducing adjustable values of leaving assets that are loss assets

715 - 110   Third choice: loss denial pool of leaving entity created

Effect of assets in loss denial pool of head company becoming assets of leaving entity

715 - 120   What happens

715 - 125   First choice: adjustable values of leaving assets reduced to nil

715 - 130   Second choice: pool's loss denial balance applied in reducing adjustable values of leaving assets that are loss assets

715 - 135   Third choice: loss denial pool of leaving entity created

Effect of first and second choices on various kinds of assets

715 - 145   Effect of choice on adjustable value of leaving asset

General provisions about loss denial pools

715 - 155   When asset leaves pool

715 - 160   How loss denial balance is applied to losses realised on assets in pool

715 - 165   When pool ceases to exist

Choices under this Subdivision

715 - 175   When choice must be made

715 - 180   Head company to notify leaving entity of choice

715 - 185   Leaving entity may choose to cancel loss denial pool by reducing adjustable values of assets in the pool



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