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Insurance duty

General insurers and life insurers must be registered by law.

Insurance duty is charged on:

  • general insurance
  • life insurance 
  • accident insurance.

Insurance duty is calculated on the premium—the total amount paid to the insurance company to effect insurance—under section 349 of the Duties Act 2001. See the current insurance duty rates.

Who pays duty?

Insurer's obligations

If you are an insurer, and have written a contract of life insurance or received premiums, you must lodge a return. See insurance duty returns for more information.


Insured person's obligations

Usually, the insurer or broker would pay insurance duty to us. If you have already been charged duty on your insurance policy, then you do not need to pay us separately.

In some cases, the insured person or the insurance policy holder must pay the duty directly to us (e.g. if the insurer is not registered or is an overseas company).

If you have not been charged insurance duty, and your policy is not exempt, you may need to:

Please contact us if you are not sure whether you need to pay duty.


Overseas insurance companies

Certain overseas insurance companies may not have to register with us as they do not conduct business in Queensland.

However, insurance duty must still be paid on any policy taken out with an overseas insurer that relates to:

  • property in Queensland
  • risks associated with Queensland
  • life insurance for a Queensland resident.

This ensures that overseas insurers do not have an unfair advantage over their Australian-based competitors.

Types of insurance

General insurance (Class 1) includes

General insurance (Class 2)

Compulsory third party insurance Accident insurance Life insurance

Building and contents cover

Professional indemnity

A policy of insurance under the Motor Accident Insurance Act 1994

As defined in the Worker's Compensation and Rehabilitation Act 2003

Applies to the life, or an event relating to the life, of a person living in Queensland when the policy is issued

Public liability Personal injury due to the person's travel on an aircraft    
Marine liability Motor vehicle, other than CTP insurance      
Crop insurance A home mortgage that is a first mortgage      

Stand-alone trauma and disability insurance

Life insurance rider

     

Travel insurance (other than insurance for a person's injury relating to that person's travel on an aircraft)

       

Exemptions from insurance duty

The following types of insurance are exempt from insurance duty:

  • Marine—insurance for the physical loss or damage to the hull of a boat used mainly for commercial purposes
  • Goods in transit—insurance for the physical loss or damage to, or loss of freight of, goods in transit
  • Health—insurance entered into in the course of an insurer’s health insurance business
  • Reinsurance between one insurer and another insurer.

Public liability insurance taken out by community organisations may also be exempt in certain circumstances.

Apportionment of premiums

Premiums for a contract of general insurance for one of the following may be apportioned:

  • property in both Queensland and another state
  • something that in the normal course of events may happen wholly or partly in Queensland.

Apportionment also applies to a contract of life insurance for people living in Australia, at least one of whom has a home in Queensland when the policy is issued.

A regulation may state how premiums are to be apportioned. We may, on written application, apportion a premium on another basis.

See apportionment of general insurance duty premiums for more information.

Top call centre questions

If a policy is cancelled mid-term, will insurance duty be refunded?

If an insurance policy is cancelled, the insurer may refund all or some of the premiums. Any duty paid on refunded premiums for general or life insurance policies may be returned. (Section 370 of the Duties Act 2001.)
As the insurer has received the duty from the policyholder, the refund of duty must be passed on to the policyholder. (Section 39 of the Taxation Administration Act 2001.)

Do charitable institutions pay duty on WorkCover policies?

Yes, under the Duties Act 2001 there are no exemptions from insurance duty on policies under the Worker's Compensation and Rehabilitation Act 2003.

What insurance policies do refunds apply to?

Refunds apply to general insurance and life insurance policies that started or were renewed on or after 1 March 2002.

For trailer insurance, what is the rate of duty?

The rate of duty for trailer insurance depends on the type of cover.

If the trailer is covered only when attached to a motor vehicle, the rate is 5% of the premium.

If the trailer is also covered when not attached to a motor vehicle, the rate is 7.5% of the premium.