Commonwealth Consolidated Acts

CORONAVIRUS ECONOMIC RESPONSE PACKAGE OMNIBUS (MEASURES NO. 2) ACT 2020 - SCHEDULE 2

Part   1 -- Coronavirus economic response payments

Income Tax Assessment Act 1936

1   After paragraph   202(s)

Insert:

  (sa)   to facilitate the administration of the Coronavirus Economic Response Package (Payments and Benefits) Act 2020 ; and

2   Application

The amendment of section   202 of the Income Tax Assessment Act 1936 made by this Part applies, from the commencement of this Part, in relation to information obtained or created before, on or after that commencement.

Income Tax Assessment Act 1997

3   Section   11 - 15 (after table item headed "copyright collecting societies")

Insert:

4   Section   11 - 55 (after table item headed "cash flow boost")

Insert:

5   At the end of Division   53

Add:

53 - 25   Coronavirus economic response payment

    A payment is exempt from income tax if:

  (a)   the payment is paid in accordance with rules made under the Coronavirus Economic Response Package (Payments and Benefits) Act 2020 ; and

  (b)   those rules state that the payment is exempt from income tax.

6   At the end of Division   59

Add:

59 - 95   Coronavirus economic response payment

    A payment is not assessable income and is not * exempt income if:

  (a)   the payment is paid in accordance with rules made under the Coronavirus Economic Response Package (Payments and Benefits) Act 2020 ; and

  (b)   those rules state that the payment is not assessable income and is not exempt income.

Social Security Act 1991

7   At the end of subsection   8(8)

Add:

  ; (zu)   a payment:

  (i)   paid in accordance with rules made under the Coronavirus Economic Response Package (Payments and Benefits) Act 2020 ; and

  (ii)   stated, in those rules, not to be income in relation to the person for the purposes of this Act.

Taxation Administration Act 1953

8   Subsection   8AAB(4) (after table item   19A)

Insert:

9   Section   8AAZA (paragraph   (a) of the definition of credit )

Repeal the paragraph, substitute:

  (a)   an amount that the Commissioner must pay to a taxpayer under a taxation law, whether or not described as a credit, other than the following amounts:

  (i)   an amount paid under the Product Grants and Benefits Administration Act 2000 ;

  (ii)   an amount paid under Division   18 (refunds) of the A New Tax System (Luxury Car Tax) Act 1999 ;

  (iii)   an amount paid under the Coronavirus Economic Response Package (Payments and Benefits) Act 2020 to an entity, unless a determination of the Commissioner under section   8AAZAA specifies that the amount is a credit for the purposes of this subparagraph; and

10   After section   8AAZA

Insert:

8AAZAA   Amounts relating to Coronavirus economic response payments

  (1)   The Commissioner may make a written determination that specifies that an amount paid under the Coronavirus Economic Response Package (Payments and Benefits) Act 2020 to an entity is a credit for the purposes of subparagraph   (a)(iii) of the definition of credit in section   8AAZA.

  (2)   A determination under subsection   (1) is not a legislative instrument.

11   Paragraphs 8WA(1AA)(b) and 8WB(1A)(a) and (b)

After "(s)", insert ", (sa)".

12   Application

The amendment of sections   8WA and 8WB of the Taxation Administration Act 1953 made by this Part apply, from the commencement of this Part, in relation to information obtained or created before, on or after that commencement.

13   Subsection   250 - 10(2) in Schedule   1 (at the end of the table)

Add:

Veterans' Entitlements Act 1986

14   At the end of subsection   5H(8)

Add:

  ; (zzd)   a payment:

  (i)   paid in accordance with rules made under the Coronavirus Economic Response Package (Payments and Benefits) Act 2020 ; and

  (ii)   stated, in those rules, not to be income in relation to the person for the purposes of this Act.

Part   2 -- Paid Parental Leave

Paid Parental Leave Act 2010

15   Section   6

Insert:

"jobkeeper payment" : see subsection   34(4).

"jobkeeper payment" period : see subsection   34(3).

16   Section   30 (paragraph beginning "Division   3")

After "subsequent child.", insert "Any jobkeeper payment period for the person may also be taken into account.".

17   Section   32 (note 3)

After "subsection   34(1),", insert "and does not also perform qualifying work on that day because of paragraph   (e) of that definition,".

18   At the end of section   32

Add:

Note 4:   If the person performs qualifying work on a day because of paragraph   (e) of the definition of qualifying work in subsection   34(1), the number of hours of qualifying work the person is taken to have performed on that day is determined in accordance with the PPL rules (see section   35B).

19   At the end of subsection   34(1)

Add:

  ; (e)   the day is in a jobkeeper payment period for the person.

20   At the end of section   34

Add:

  (3)   A jobkeeper payment period for a person is a period for which:

  (a)   an employer of the person is entitled to one or more jobkeeper payments for the person; or

  (b)   the person themselves is entitled to one or more jobkeeper payments.

  (4)   A jobkeeper payment is a payment that:

  (a)   is payable by the Commonwealth in accordance with rules made under the Coronavirus Economic Response Package (Payments and Benefits) Act 2020 ; and

  (b)   is known as jobkeeper payment.

21   After section   35A

Insert:

35B   Hours of qualifying work on a day in a jobkeeper payment period

  (1)   For the purposes of step 5 of the method statement in section   32, if a person performs qualifying work on a day because the day is in a jobkeeper payment period for the person, the person is taken to have performed on that day the number of hours of work determined in accordance with the PPL rules.

  (2)   Subsection   (1) has effect:

  (a)   even if the person also performs qualifying work on that day because of paragraph   34(1)(a), (b), (c) or (d); and

  (b)   despite section   35A.

Part   3 -- Cash flow boosts

Boosting Cash Flow for Employers (Coronavirus Economic Response Package) Act 2020

22   After section   2

Insert:

2A   Application to external Territories

    This Act extends to every external Territory referred to in the definition of Australia (within the meaning of section   960 - 505 of the Income Tax Assessment Act 1997 ).

23   Subparagraph   5(1)(f)(ii)

After "2020", insert "(or a later time allowed by the Commissioner)".

24   At the end of subsection   5(7)

Add:

  ; and (c)   for an entity carrying on business solely in the external Territories--assume that the external Territories are part of the indirect tax zone (within the meaning of that Act).

25   Subparagraph   6(1)(d)(ii)

After "2020", insert "(or a later time allowed by the Commissioner)".

26   At the end of subsection   6(7)

Add:

  ; and (c)   for an entity carrying on business solely in the external Territories--assume that the external Territories are part of the indirect tax zone (within the meaning of that Act).

Part   4 -- Modifications of provisions relating to the social security law

Coronavirus Economic Response Package Omnibus Act 2020

27   Subitem   40A(4) of Schedule   11

Insert:

Minister means the Minister administering the Social Security (International Agreements) Act 1999 .