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TAXATION LAWS AMENDMENT ACT (NO. 1) 1999 NO. 16, 1999 - SCHEDULE 9

- Average calculated liabilities of life assurance companies

Income Tax Assessment Act 1936

1 Subsection 110(1)

Insert:

"significant event", in relation to any of the insurance funds maintained by a life assurance company, means any happening or circumstance that causes an abnormal change in the amount of the company's liabilities in respect of policies included in the fund concerned.

2 Subsection 112A(1)

Omit all the words after "formula", substitute:

where:

"average calculated liabilities (all resident policies)" means the average calculated liabilities of the company for the year of income for policies of all categories (other than eligible non-resident policies) included in the fund.

"average calculated liabilities (exempt policies)" means the average calculated liabilities of the company for the year of income for exempt policies (other than eligible non-resident policies) included in the fund.

3 Subsection 112A(3)

Repeal the subsection, substitute:

(3)
Subsection (2) does not apply in relation to a fund if less than one-third of the average calculated liabilities of the company for the year of income for policies of all categories (other than eligible non-resident policies) included in the fund relates to Australian policies.

4 Subsection 112C(2)

Omit all the words after "exempt from tax:", substitute:

where:

"average calculated liabilities (all policies)" means the average calculated liabilities of the company for the year of income for policies of all categories that:

(a)
are included in the fund; and
(b)
were issued in the course of carrying on the PE business.
"average calculated liabilities (eligible non-resident policies)" means the average calculated liabilities of the company for the year of income for eligible non-resident policies that:

(a)
are included in the fund; and
(b)
were issued in the course of carrying on the PE business.

5 Subsection 114(1)

Omit all the words before paragraph (a), substitute:

If an actuarial valuation of liabilities of a life assurance company is made as at a particular time, the company's calculated liabilities at that time are:

6 Subsection 114(2)

Repeal the subsection, substitute:

(2)
If:

(a)
it is necessary to work out a life assurance company's calculated liabilities as at a particular time (the relevant time ); and
(b)
no actuarial valuation of liabilities of the company as at the relevant time is made;

the calculated liabilities at that time are the amount worked out by using the formula:

where:

"current value of assets" means the value of all the company's assets at the relevant time.

"previous actuarial valuation of liabilities" means the last actuarial valuation of liabilities of the company made before the relevant time.

"previous value of assets" means the value of all the company's assets when the last actuarial valuation of liabilities of the company before the relevant time was made.

7 After section 114

Insert:

114A Average calculated liabilities for category of policies

(1)
The average calculated liabilities of a life assurance company for a category of policies for a year of income is worked out under this section.

(2)
First, divide the year of income into periods as follows:

(a)
the first period starts at the start of the year of income;
(b)
each later period starts immediately after the last day of the previous period;
(c)
each period (except the last) ends immediately before the first day on which a significant event occurs in relation to the insurance fund in which policies of the category are included;
(d)
the last period ends at the end of the year of income.
(3)
Second, the average calculated liabilities of the company for the category of policies for each period is the amount worked out by using the formula:

where:

"calculated liabilities (end of period)" means the calculated liabilities of the company for the category of policies at the end of the period.

"calculated liabilities (start of period) "means the calculated liabilities of the company for the category of policies:

(a)
if the period is the first period—at the start of the period; or
(b)
otherwise—on the day after the occurrence of the significant event that caused the immediately preceding period to end.
"days in period" means the number of days in the period.

"days in year of income" means the number of days in the year of income.

(4)
Third, the average calculated liabilities of the company for the category of policies for the year of income is the sum of the amounts of the average calculated liabilities of the company for the category of policies for all the periods into which the year of income is divided.

114B Total average calculated liabilities

The total average calculated liabilities of a life assurance company for a year of income is the sum of the average calculated liabilities of the company for each category of policies for the year of income.

8 Subsection 116CB(2)

Omit all the words after "formula:", substitute:

where:

"average calculated liabilities (all non-exempt resident policies)" means the average calculated liabilities of the company for the year of income for policies of all categories (other than exempt policies or eligible non-resident policies) included in the fund in which the asset was included immediately before disposal.

"average calculated liabilities (category of policies)" means the average calculated liabilities of the company for the year of income for policies of the category concerned that are included in the fund in which the asset was included immediately before disposal.

"core amount" means the core amount.

9 Subsection 116CE(5)

Omit all the words after "formula:", substitute:

where:

"average calculated liabilities (all non-exempt resident policies)" means the average calculated liabilities of the company for the year of income for policies of all categories (other than exempt policies or eligible non-resident policies) included in the fund.

"average calculated liabilities (category of policies)" means the average calculated liabilities of the company for the year of income for policies of the category concerned that are included in the fund.

"income" means the amount of the assessable income to be allocated.

10 Application

(1) The amendments made by this Schedule apply to a life assurance company in respect of the first year of income starting on or after 29 April 1997 and all later years of income.
(2) The amendments made by this Schedule also apply to a life assurance company in respect of the year of income that immediately preceded the first year of income referred to in subsection (1) if, and only if:

(a)
that immediately preceding year of income ended on or after 29 April 1997; and
(b)
a significant event in relation to any of the insurance funds maintained by the company occurred during the part of that year of income occurring on and after that date.



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