Salvage ownership determines GST liability: insurer pays GST only when salvage vests with insurer on disposal. GST liability on salvage/wreck is determined by ownership and the existence of supply. If the insurance contract deducts salvage value from the claim (treating it as a pre agreed deductible and limiting liability to IDV less salvage), the salvage remains the insured's property and the insurer has no GST liability on that value. If the insurer settles the full claim without deducting salvage, the salvage vests in the insurer and any subsequent disposal by the insurer is a taxable supply attracting GST.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Salvage ownership determines GST liability: insurer pays GST only when salvage vests with insurer on disposal.
GST liability on salvage/wreck is determined by ownership and the existence of supply. If the insurance contract deducts salvage value from the claim (treating it as a pre agreed deductible and limiting liability to IDV less salvage), the salvage remains the insured's property and the insurer has no GST liability on that value. If the insurer settles the full claim without deducting salvage, the salvage vests in the insurer and any subsequent disposal by the insurer is a taxable supply attracting GST.
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