Income Tax Act 2007

Timing and quantifying rules - Life insurance rules

EY 10: Meaning of life insurer

You could also call this:

"What it means to be a life insurer"

Illustration for Income Tax Act 2007

You are a life insurer if you are in the business of providing life insurance. A person is not considered a life insurer if they have full reinsurance. Lloyd's of London is not usually considered a life insurer, except in relation to section EY 8, and when their life insurance premiums are income under section CR 3B. You are also a life insurer if you are part of an association or a body that provides life insurance. This is the case when the association or body provides life insurance and gets something in return, other than natural love and affection. Any life insurance policy entered into by the association or body is treated as if it was with someone unrelated. The rules in Subpart HE do not apply to the life insurance business of an association or body.

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EY 9: Meaning of life insurance policy, or

"What a life insurance policy means and covers"


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EY 11: Superannuation schemes providing life insurance, or

"Rules for superannuation schemes that offer life insurance-like benefits"

Part ETiming and quantifying rules
Life insurance rules

EY 10Meaning of life insurer

  1. Life insurer means a person carrying on a business of providing life insurance.

  2. A person carrying on a business of providing life insurance in an income year is treated as not carrying on a business of providing life insurance while the person has full reinsurance.

  3. Except for the reference to life insurer in section EY 8 where Lloyd’s of London is treated as a life insurer, Lloyd’s of London is treated as not being a life insurer in relation to its business of providing life insurance, the premium from which is income of Lloyd’s of London under section CR 3B (Lloyd’s of London: income from life insurance premiums).

  4. An association of persons, a body of persons, or a trustee is treated as carrying on a business of providing life insurance to the extent to which—

  5. the association, body, or trustee provides life insurance; and
    1. the consideration for the provision is something other than natural love and affection.
      1. Every life insurance policy entered into by the association, body, or trustee as insurer is treated as entered into with an unrelated party, even if the life insurer and the policyholder are, for example,—

      2. an association and a member of the association; or
        1. a trustee and a beneficiary of the trust.
          1. Subpart HE (Mutual associations) does not apply to the business of providing life insurance of the association, body, or trustee.

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          Notes
          • Section EY 10(2B) heading: inserted, on (with effect on 1 April 2017 and applying in relation to a life insurance premium that is derived on or after that date by Lloyd’s of London), by section 91(1) of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).
          • Section EY 10(2B): inserted, on (with effect on 1 April 2017 and applying in relation to a life insurance premium that is derived on or after that date by Lloyd’s of London), by section 91(1) of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).
          • Section EY 10 list of defined terms Lloyd’s of London: inserted, on (with effect on 1 April 2017), by section 91(2) of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).
          • Section EY 10 list of defined terms premium: inserted, on (with effect on 1 April 2017), by section 91(2) of the Taxation (Annual Rates for 2017–18, Employment and Investment Income, and Remedial Matters) Act 2018 (2018 No 5).