CFC 2019/03
Issued
05 Dec 2019

Non-attributing active insurance CFC status (TOWER Insurance Limited)

CFC 2019/03 applies to TOWER Insurance Limited and grants non-attributing active CFC status to the specified insurance CFCs resident in Fiji.

TIB Volume 32 No 1 February 2020

Reference

This determination is made under section 91AAQ of the Tax Administration Act 1994.

Explanation (which does not form part of the determination)

A person has no attributed CFC income or loss from a CFC under sections CQ 2 and DN 2 of the Income Tax Act 2007 if the CFC is a non-attributing active CFC under section EX 21B of the Income Tax Act 2007 because the requirements of sections CQ 2(1)(h) and DN 2(1)(h) are not satisfied.

Section EX 21B(3) of the Income Tax Act 2007 provides that a CFC is a non-attributing active CFC if it is an insurer that meets the requirements of section 91AAQ of the Tax Administration Act 1994 and the Commissioner makes a determination under that section. In the absence of such a determination, a CFC carrying on an insurance business is unlikely to be a non-attributing active CFC, because insurance income is otherwise treated as passive income and an attributable amount under section EX 20B(3) of the Income Tax Act 2007.

Section 91AAQ(1)(b) of the Tax Administration Act 1994 allows a person to apply to the Commissioner for such a determination in respect of the members of a group of CFCs, if the members satisfy subsection (3). Pursuant to section 91AAQ(1)(b) and (7), TOWER Insurance Limited has made an application to extend an earlier determination in respect of the members of the group of CFCs set out below. TOWER Insurance Limited has a 30 September balance date.

It has been determined, having regard to the matters set out in subsections (4) and (5) of section 91AAQ of the Tax Administration Act 1994, that the members of the group of CFCs satisfy the requirements set out in section 91AAQ(3) of the Tax Administration Act 1994 and are accordingly non-attributing active CFCs for the purposes of section EX 21B of the Income Tax Act 2007.

Scope of determination

The CFCs to which this determination applies are:

Name Jurisdiction
National Insurance Company (Holdings) Limited Fiji
TOWER Insurance (Fiji) Limited Fiji
Southern Pacific Insurance Company (Fiji) Limited Fiji

Interpretation

In this document, unless the context otherwise requires:

“Attributed CFC income or loss” means attributed CFC income under section CQ 2 or attributed CFC loss under section DN 2 of the Income Tax Act 2007.

“CFC” means a “controlled foreign company” as defined in section YA 1 of the Income Tax Act 2007.

"Non-attributing active CFC" means a non-attributing active CFC under section EX 21B of the Income Tax Act 2007.

Determination

Pursuant to section 91AAQ of the Tax Administration Act 1994, I hereby determine that the above CFCs are non-attributing active CFCs for the purposes of section EX 21B of the Income Tax Act 2007.

Application date

This determination applies for the 2020 and 2021 income years.

This determination is signed by me this 5th day of December 2019.

Sonya Duncan
Group Lead - Customer Compliance