Income Tax Act 2007

Tax credits and other credits - Tax credits for imputation credits

LE 2B: Use of remaining credits by life insurer on policyholder base

You could also call this:

"How life insurers use leftover tax credits for their policyholders"

Illustration for Income Tax Act 2007

You are a life insurer with tax credits left over from a previous year, known as the surplus credit year. This leftover credit is for your policyholder base. You can use a formula to work out how much you can deduct from your policyholder base allowable deduction. You use the formula to calculate the deduction for the year after the surplus credit year. The formula is policyholder remaining credit divided by policyholder rate. The policyholder remaining credit is the leftover tax credit from the surplus credit year, but only for your policyholder base. The policyholder rate is the basic income tax rate set out in clause 8 of schedule 1, part A. This rate is used to work out your deduction. You can find more information about tax credits in section LA 5(4).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3113117.

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"Carrying forward unused tax credits to the next year"

Part LTax credits and other credits
Tax credits for imputation credits

LE 2BUse of remaining credits by life insurer on policyholder base

  1. This section applies to a life insurer who has an amount of tax credit remaining for a tax year (the surplus credit year) under section LA 5(4) (Treatment of remaining credits), but only to the extent to which the amount is for their policyholder base.

  2. The life insurer has a deduction included as their policyholder base allowable deduction, for the income year corresponding to the tax year after the surplus credit year equal to an amount calculated using the formula—

    policyholder remaining credit ÷ policyholder rate.

    Where:

    • In the formula,—

    • policyholder remaining credit is the amount of the tax credit remaining for the surplus credit year under section LA 5(4), but only to the extent to which the amount is for the life insurer's policyholder base:
      1. policyholder rate is the basic rate of income tax set out in schedule 1, part A, clause 8 (Basic tax rates: income tax, ESCT, RSCT, RWT, and attributed fringe benefits).
        Notes
        • Section LE 2B: inserted, on , by section 326(1) of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).