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COMMONWEALTHAct
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s 170-300

Transfer of life insurance business

In force
Chapter 3Specialist liability rules
Part 3-5Corporate taxpayers and corporate distributions
Division 170Treatment of company groups for income tax purposes
Subdivision 170-DTransfer of life insurance business

170-300 Transfer of life insurance business

If:

(a)

all or part of the life insurance business of a life insurance company (the originating company) is transferred to another life insurance company (the recipient company):

(i)

in accordance with a scheme confirmed by the Federal Court of Australia under Part 9 of the Life Insurance Act 1995; or

(ii)

under the Financial Sector (Transfers of Business) Act 1999; and

(b)

the originating company makes a capital loss from a CGT asset as a result of the transfer; and

(c)

that capital loss is disregarded because of Subdivision 126‑B of this Act;

Subdivision 170‑C of the Income Tax Assessment Act 1997 has effect as if:

(d)

that capital loss were a net capital loss transferred by the originating company to the recipient company by an agreement under section 170‑150 of that Act; and

(e)

the application year referred to in section 170‑225 of that Act were the year in which the transfer of life insurance business took place.

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