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TAX LAWS AMENDMENT (2011 MEASURES NO. 9) ACT 2012 - SCHEDULE 6

Miscellaneous amendments

Part   1 -- Corrections to cross - references

Division   1--Income Tax Assessment Act 1936

1   Paragraph 102MA(2)(a)

Repeal the paragraph.

2   After paragraph   102MA(2)(b)

Insert:

  (ba)   an arrangement to which Division   242 (about leases of luxury cars) of the Income Tax Assessment Act 1997 applies; or

Division   2--Income Tax Assessment Act 1997

3   Subsection   207 - 59(1)

Omit " Subsection   ( 3)", substitute " Subsection   ( 2)".

4   Subsections   230 - 380(2) and (3)

Omit " subsection   ( 1)", substitute " subsection   ( 1A)".

5   Paragraph 230 - 380(6)(a)

Omit " subsection   ( 1)", substitute " subsection   ( 1A)".

6   Subsection   995 - 1(1) (definition of non - arm's length limited recourse debt )

Omit "subsection   243 - 20(6)", substitute "subsection   243 - 20(7)".

Division   3--Citizenship

Income Tax Assessment Act 1997

7   Paragraph 30 - 37(a)

Omit " Australian Citizenship Act 1948 ", substitute " Australian Citizenship Act 2007 ".

Tax Laws Amendment (2006 Measures No.   3) Act 2006

8   Subsection   2(1) (table item   10)

Repeal the item.

Note:   This item and item   9 repeal provisions made redundant by item   7.

9   Item   3 of Schedule   11

Repeal the item.

Division   4--Tax - related liabilities

Income Tax Assessment Act 1997

10   Paragraph 721 - 25(1A)(a)

Omit "item   25", substitute "item   3".

Part   2 -- Repeal of references to Cultural Bequests Program and redundant subsection numbers

Division   1--Cultural Bequests Program

Income Tax Assessment Act 1997

11   Subsection   30 - 5(1)

Omit ", or a testamentary gift under the Cultural Bequests Program".

12   Subsection   30 - 5(1) (note 1)

Repeal the note.

13   Subsection   30 - 5(1) (note 2)

Omit "Note 2", substitute "Note".

14   Subsection   30 - 15(2) (note 1)

Repeal the note.

15   Subsection   30 - 15(2) (note 2)

Omit "Note 2", substitute "Note".

16   Section   30 - 115

Omit ", 30 - B or 30 - D", substitute "or 30 - B".

17   Subdivision   30 - D

Repeal the Subdivision.

18   Section   30 - 315 (table item   41)

Repeal the item.

19   Paragraph 104 - 185(2)(c)

Repeal the paragraph.

20   Subsection   118 - 60(1)

Omit "under the Cultural Bequests Program or".

Income Tax (Transitional Provisions) Act 1997

21   Sections   30 - 10, 30 - 15 and 30 - 20

Repeal the sections.

Division   2--Redundant subsection numbers

A New Tax System (Medicare Levy Surcharge--Fringe Benefits) Act 1999

22   Subsection   11(1)

Omit "(1)".

Superannuation Industry (Supervision) Act 1993

23   Subsection   252(1)

Omit "(1)".

Superannuation (Self Managed Superannuation Funds) Supervisory Levy Imposition Act 1991

24   Subsection   7(1)

Omit "(1)".

Part   3 -- List of tax offsets

Income Tax Assessment Act 1997

25   Section   13 - 1 (after table item headed "farm help income support")

Insert:

film

 

  ....................................

Division   376

26   Section   13 - 1 (after table item headed "life assurance")

Insert:

life insurance company

 

subsidiary joining consolidated group .............

713 - 545(5)

Part   4 -- Taxation Administration Act 1953

27   Subsection   2(1)

Insert:

"approved form" has the meaning given by Schedule   1.

28   After subsection   3AA(1)

Insert:

Definitions in Schedule   1 do not apply to rest of Act

  (1A)   So far as a provision in Schedule   1 gives an expression a particular meaning, the provision does not also have effect for the purposes of this Act (other than Schedule   1), except as provided in this Act (other than Schedule   1).

29   Paragraph 8C(1)(a)

Omit "furnish", substitute "give".

29A   Paragraph 8C(1)(a)

After "information", insert "or document".

Part   5 -- Foreign superannuation funds

Division   1--Pensions and annuities

Income Tax Assessment Act 1936

30   Paragraph 603(1)(h)

Before "Division   82", insert "section   27H of this Act,".

31   Application of amendment

The amendment made by this Division applies to the 2007 - 08 income year and later income years.

Division   2--Superannuation lump sums

Income Tax (Transitional Provisions) Act 1997

32   After Division   304

Insert:

Division   305 -- Superannuation benefits paid from non - complying superannuation plans

Table of Subdivisions

305 - B   Superannuation benefits from foreign superannuation funds

Subdivision   305 - B -- Superannuation benefits from foreign superannuation funds

Table of sections

305 - 80   Lump sums paid into complying superannuation plans post - FIF abolition

305 - 80   Lump sums paid into complying superannuation plans post - FIF abolition

  (1)   You are entitled to a deduction for an income year (the deduction year ) if:

  (a)   you have an interest in a FIF (within the meaning of Part   XI of the Income Tax Assessment Act 1936 , as in force just before the commencement of item   37 of Schedule   1 to the Tax Laws Amendment (Foreign Source Income Deferral) Act (No.   1) 2010 ) (the paying fund ); and

  (b)   Subdivision   305 - B of the Income Tax Assessment Act 1997 applies in relation to the paying fund (see section   305 - 55 of that Act); and

  (c)   the paying fund transfers an amount to a complying superannuation fund in respect of you during the deduction year; and

  (d)   you choose under section   305 - 80 of the Income Tax Assessment Act 1997 that the amount, or part of the amount, is to be treated as assessable income of the complying superannuation fund; and

  (e)   immediately before the transfer happens, there is a post - FIF abolition surplus (within the meaning of the Income Tax Assessment Act 1936 ) for the paying fund in relation to you; and

  (f)   the deduction year is the 2010 - 11 income year or a later income year.

  (2)   The amount of the deduction is the lesser of:

  (a)   the post - FIF abolition surplus; and

  (b)   the amount covered by your choice mentioned in paragraph   ( 1)(d).

Part   6 -- Asterisks

Division   1--A New Tax System (Wine Equalisation Tax) Act 1999

33   Paragraph 19 - 20(1)(a)

Omit "ITAA 1997", substitute " * ITAA 1997".

34   Section   33 - 1 (definition of connected with )

Omit "ITAA 1997", substitute " * ITAA 1997".

Division   2--Trading stock and revenue assets

Income Tax Assessment Act 1997

35   Subsection   28 - 170(3) (table item   2, column 2)

Omit "trading stock", substitute " * trading stock".

36   Paragraph 28 - 175(3)(b)

Omit "trading stock", substitute " * trading stock".

37   Subsection   70 - 30(5)

Omit " * trading stock" (second occurring), substitute "trading stock".

38   Paragraph 70 - 35(1)(b)

Omit " * trading stock", substitute "trading stock".

39   Paragraphs 70 - 100(6)(b) and (10)(b)

Omit " * trading stock", substitute "trading stock".

40   Subsection   165 - 115BB(2) ( paragraph   ( a) of the definition of previous capital losses, deductions or trading stock losses )

Omit "trading stock losses", substitute " * trading stock losses".

41   Subsections   165 - 115F(3) and (4)

Omit "trading stock", substitute " * trading stock".

42   Subparagraph 385 - 135(3)(b)(ii)

Omit "trading stock", substitute " * trading stock".

43   Subsection   715 - 145(2) (table item   2, column headed "If:")

Omit " * trading stock" (second occurring), substitute "trading stock".

44   Paragraph 723 - 50(2)(a)

Omit "trading stock" (first occurring), substitute " * trading stock".

45   Paragraph 723 - 50(2)(b)

Omit "revenue asset", substitute " * revenue asset".

46   Subsection   725 - 225(5)

Omit "trading stock or revenue assets", substitute " * trading stock or * revenue assets".

47   Section   725 - 245 (table item   1, column headed "Up interests")

Omit " * revenue assets nor your * trading stock ", substitute " revenue assets nor your trading stock ".

48   Section   725 - 245 (table item   2, column headed "Up interests")

Omit " * trading stock or * revenue assets ", substitute " trading stock or revenue assets ".

49   Section   725 - 245 (table item   3, column headed "Up interests")

Omit " * revenue assets or your * trading stock ", substitute " revenue assets or your trading stock ".

50   Subsection   725 - 310(2)

Omit "trading stock", substitute " * trading stock".

51   Section   725 - 315

Omit "trading stock" (first occurring), substitute " * trading stock".

52   Paragraph 725 - 315(a)

Omit " * trading stock", substitute "trading stock".

53   Subsection   725 - 335(2)

Omit "trading stock and revenue assets" (first occurring), substitute " * trading stock and * revenue assets".

54   Subsection   725 - 335(3) (table item   2, column headed "To:")

Omit " * revenue assets or your * trading stock ", substitute " revenue assets or your trading stock ".

55   Subsection   725 - 335(3) (table items   4 and 5, column headed "To:")

Omit " * revenue assets nor your * trading stock ", substitute " revenue assets nor your trading stock ".

56   Subsection   725 - 335(3) (table item   6, column headed "To:")

Omit " * trading stock or * revenue assets ", substitute " trading stock or revenue assets ".

57   Paragraphs 977 - 25(3)(b) and 977 - 35(2)(b)

Omit "trading stock", substitute " * trading stock".

58   Subsection   995 - 1(1) ( paragraph   ( b) of the definition of apportionable deductions )

Omit "trading stock", substitute " * trading stock".

59   Subsection   995 - 1(1) ( paragraph   ( b) of the definition of consideration receivable )

Omit "trading stock", substitute " * trading stock".

Division   3--Other amendments

Income Tax Assessment Act 1997

60   Section   36 - 25 (table relating to tax losses of companies, item   5)

Omit " * life insurance company", substitute "life insurance company".

61   Section   36 - 25 (table relating to tax losses of corporate tax entities, item   1)

Omit " * corporate tax entity that has an amount of * excess franking offsets for an income year: it works out its * tax loss", substitute "corporate tax entity that has an amount of excess franking offsets for an income year: it works out its tax loss".

62   Section   36 - 25 (table relating to tax losses of entities that become foreign hybrids, item   1)

Omit " * foreign hybrid", substitute "foreign hybrid".

63   Paragraph 70 - 80(3)(a)

Omit " * business", substitute "business".

64   Subsection   115 - 228(1) (definition of net financial benefit )

Omit "capital gain" (first occurring), substitute " * capital gain".

65   Paragraph 124 - 445(a)

Omit "member", substitute " * member".

66   Paragraph 216 - 10(1)(b)

Omit " * securities lending arrangement", substitute "securities lending arrangement".

67   Section   216 - 30

Omit " * securities lending arrangements", substitute "securities lending arrangements".

Part   7 -- References to Acts

A New Tax System (Goods and Services Tax) Act 1999

68   Paragraph 9 - 20(1)(d)

Omit " Income Tax Assessment Act 1997 ", substitute " * ITAA 1997".

69   Subsection   113 - 5(1)

Omit " Income Tax Assessment Act 1997 ", substitute " * ITAA 1997".

70   Paragraph 177 - 12(4)(b)

Omit " Income Tax Assessment Act 1997 ", substitute " * ITAA 1997".

71   Section   195 - 1 (definition of non - cash benefit )

Omit " Income Tax Assessment Act 1997 ", substitute " * ITAA 1997".

72   Section   195 - 1 (definition of withholding payment covered by a particular provision in Schedule   1 to the Taxation Administration Act 1953 )

Omit " Income Tax Assessment Act 1997 ", substitute " * ITAA 1997".

73   Section   195 - 1 (definition of withholding payment )

Omit " Income Tax Assessment Act 1997 ", substitute " * ITAA 1997".

Income Tax Assessment Act 1997

74   Subsection   995 - 1(1) (definition of annual tax period election )

Omit " A New Tax System (Goods and Services Tax) Act 1999 ", substitute " * GST Act".

75   Subsection   995 - 1(1) (definition of fund - raising event )

Omit " A New Tax System (Goods and Services Tax) Act 1999 ", substitute " * GST Act".

76   Subsection   995 - 1(1) (definition of precious metal )

Omit " A New Tax System (Goods and Services Tax) Act 1999 ", substitute " * GST Act".

77   Subsection   995 - 1(1) (definition of pre - school course )

Omit " A New Tax System (Goods and Services Tax) Act 1999 ", substitute " * GST Act".

78   Subsection   995 - 1(1) (definition of primary course )

Omit " A New Tax System (Goods and Services Tax) Act 1999 ", substitute " * GST Act".

79   Subsection   995 - 1(1) (definition of residential premises )

Omit " A New Tax System (Goods and Services Tax) Act 1999 ", substitute " * GST Act".

80   Subsection   995 - 1(1) (definition of retirement village )

Omit " A New Tax System (Goods and Services Tax) Act 1999 ", substitute " * GST Act".

81   Subsection   995 - 1(1) (definition of secondary course )

Omit " A New Tax System (Goods and Services Tax) Act 1999 ", substitute " * GST Act".

82   Subsection   995 - 1(1) (definition of tertiary course )

Omit " A New Tax System (Goods and Services Tax) Act 1999 ", substitute " * GST Act".

83   Subsection   995 - 1(1) (definition of untaxable Commonwealth entity )

Omit " A New Tax System (Goods and Services Tax) Act 1999 ", substitute " * GST Act".

Taxation Administration Act 1953

84   Section   426 - 1 in Schedule   1

Omit " A New Tax System (Goods and Services Tax) Act 1999 ", substitute "GST Act".

85   Paragraph 426 - 5(a) in Schedule   1

Omit " A New Tax System (Goods and Services Tax) Act 1999 ", substitute " * GST Act".

86   Paragraph 426 - 5(b) in Schedule   1

Omit " A New Tax System (Goods and Services Tax) Act 1999 ", substitute "GST Act".

87   Subsection   426 - 40(1) in Schedule   1 ( paragraph   ( a) of note 1)

Omit " A New Tax System (Goods and Services Tax) Act 1999 ", substitute "GST Act".

88   Subsection   426 - 55(1) in Schedule   1 ( paragraph   ( a) of the note)

Omit " A New Tax System (Goods and Services Tax) Act 1999 ", substitute "GST Act".

89   Paragraph 426 - 65(1)(a) in Schedule   1

Omit " A New Tax System (Goods and Services Tax) Act 1999 ", substitute " * GST Act".

90   Paragraph 426 - 65(1)(b) in Schedule   1

Omit " A New Tax System (Goods and Services Tax) Act 1999 ", substitute "GST Act".

91   Subsection   446 - 5(6) in Schedule   1 (table items   9 and 10, column headed "If the resolution affects the operation of ... ")

Omit " A New Tax System (Goods and Services Tax) Act 1999 ", substitute " * GST Act".

92   Paragraph 850 - 100(8)(a) in Schedule   1 (example)

Omit " A New Tax System (Goods and Services Tax) Act 1999 ", substitute "GST Act".

93   Paragraph 850 - 100(8)(b) in Schedule   1 (example)

Omit " A New Tax System (Goods and Services Tax) Act 1999 ", substitute "GST Act".

Part   8 -- Extensions of time

Income Tax Assessment Act 1997

94   Subsection   118 - 195(1) (at the end of the cell at table item   1, column headed "And also one of these items")

Add ", or within a longer period allowed by the Commissioner".

95   Subsection   118 - 200(3)

Repeal the subsection   ( not including the notes), substitute:

  (3)   However, you can adjust the formula by ignoring any non - main residence days and total days in the period from the deceased's death until your * ownership interest ended, if:

  (a)   the deceased * acquired the ownership interest on or after 20   September 1985; and

  (b)   your ownership interest ends within:

  (i)   2 years of the deceased's death; or

  (ii)   a longer period allowed by the Commissioner; and

  (c)   you get a more favourable result by doing so.

96   Application of amendments

The amendments made by this Part apply in relation to CGT events that happen in the 2008 - 09 income year and later income years.

Part   9 -- Cessation of membership of GST groups etc.

A New Tax System (Goods and Services Tax) Act 1999

97   Subsection   48 - 110(1)

Omit " * cease", substitute "cease".

98   Paragraph 48 - 115(1)(b)

Omit " * cease", substitute "cease".

99   Paragraph 48 - 115(2)(b)

Omit " * ceased", substitute "ceased".

100   Subsection   51 - 110(1)

Omit " * cease", substitute "cease".

101   Paragraph 51 - 115(1)(b)

Omit " * cease", substitute "cease".

102   Paragraph 51 - 115(2)(b)

Omit " * ceased", substitute "ceased".

103   Section   195 - 1 (definition of cease to be a member of a GST group )

Repeal the definition.

104   Section   195 - 1 (definition of cease to be a participant of a GST joint venture )

Repeal the definition.

105   Application of amendments

The amendments made by this Part apply to tax periods starting on or after the commencement of this item.

Part   10 -- Small business participation percentage

Division   1--Companies

Income Tax Assessment Act 1997

106   Before subsection   152 - 70(2)

Insert:

Companies

107   Subsection   152 - 70(2)

Omit "in", substitute "of".

108   At the end of section   152 - 70

Add:

  (3)   Paragraph   ( a) of item   1 of the table does not apply if the entity holds the legal and equitable interests in the * shares jointly with another entity.

109   Application of amendments

The amendments made by this Division apply to CGT events that happen in the 2006 - 07 income year or later income years.

Division   2--Discretionary trusts

Income Tax Assessment Act 1997

110   Subsection   152 - 70(1) ( paragraph   ( a) of the cell at table item   3, column headed "Is:")

Omit "(the current year )", substitute "(the relevant year )".

111   Subsection   152 - 70(1) ( paragraph   ( b) of the cell at table item   3, column headed "Is:")

Omit "current year", substitute "relevant year".

112   At the end of section   152 - 70

Add:

Discretionary trusts

  (4)   Subsections   ( 5) and (6) apply for the purpose of working out the * direct small business participation percentage in an entity in connection with a * CGT event that happened in an income year (the CGT event year ), if:

  (a)   the entity is a trust (where entities do not have entitlements to all the income and capital of the trust); and

  (b)   during the relevant year mentioned in item   3 of the table in subsection   ( 1) (disregarding subsection   ( 5)), the trustee mentioned in that item:

  (i)   does not make a distribution of income; and

  (ii)   does not make a distribution of capital.

  (5)   Treat the references in that item to the relevant year as being references to:

  (a)   if the trustee made a distribution of income or capital during the CGT event year--the CGT event year; or

  (b)   otherwise--the last income year before the CGT event year in which the trustee did make a distribution of income or capital.

  (6)   Despite subsection   ( 5), an entity holds a direct small business participation percentage of 0 % in the trust at the relevant time if either:

  (a)   the trust:

  (i)   had a * net income for the relevant year; and

  (ii)   did not have a * tax loss for the relevant year; or

  (b)   the trustee did not make a distribution of income or capital at any time before the end of the CGT event year.

113   Paragraph 152 - 105(c) (note)

Repeal the note.

114   Paragraph 152 - 110(1)(c) (note)

Repeal the note.

115   Section   152 - 120

Repeal the section.

116   Application of amendments

(1)   The amendments made by items   110 to 112 apply in relation to CGT events that happen in:

  (a)   the 2006 - 07 income year; and

  (b)   later income years.

(2)   The amendments made by items   113 to 115 apply in relation to CGT events that happen on or after the commencement of this item.

Part   11 -- Exempt income

Division   1--Repeal of spent provisions

Income Tax Assessment Act 1997

117   Section   11 - 15 (table item headed "family assistance")

Omit:

one - off payment to families ..............

52 - 150

payments to families under the scheme determined under Schedule   3 to the Family Assistance Legislation Amendment (More Help for Families--One - off Payments) Act 2004              




52 - 150

118   Section   11 - 15 (table item headed "social security or like payments")

Omit:

2008 one - off payment to older Australians under the Veterans' Entitlements Act 1986              


52 - 65

payments under the scheme determined under item   2 of Schedule   2 to the Social Security and Veterans' Entitlements Legislation Amendment (One - off Payments and Other Budget Measures) Act 2008              




52 - 65

119   Paragraph 52 - 10(1)(b)

Repeal the paragraph.

120   Subsections   52 - 10(1B) and (1C)

Repeal the subsections.

121   Paragraphs 52 - 65(1)(bb) and (c)

Repeal the paragraphs.

122   Subsections   52 - 65(1B) and (1C)

Repeal the subsections.

123   Section   52 - 75 (table item   1C)

Repeal the item.

124   Section   52 - 75 (cell at table item   1, column headed "Payment made because of a person's death")

Repeal the cell, substitute:

Division   12A of Part   IIIB

125   Section   52 - 75 (cell at table item   3, column headed "Payment made because of a person's death")

Repeal the cell, substitute:

Division   12A of Part   IIIB

126   Section   52 - 75 (cell at table item   6, column headed "Payment made because of a person's death")

Repeal the cell, substitute:

Division   12A of Part   IIIB

127   Section   52 - 75 (cell at table item   7, column headed "Payment made because of a person's death")

Repeal the cell, substitute:

Division   12A of Part   IIIB

128   Section   52 - 75 (cell at table item   9, column headed "Payment made because of a person's death")

Repeal the cell, substitute:

Division   12A of Part   IIIB

129   Subsection   52 - 150(1)

Omit "(1)".

130   Subsection   52 - 150(1)

Omit "one - off payment to families,".

131   Subsection   52 - 150(2)

Repeal the subsection.

Division   2--Lists of exempt income

Income Tax Assessment Act 1997

132   Subsection   6 - 20(1) (note)

Omit ", 11 - 10".

133   Section   11 - 1

Omit "3 main classes", substitute "2 main classes".

134   Paragraphs 11 - 1(b) and (c)

Repeal the paragraphs, substitute:

  (b)   ordinary or statutory income of a kind that is exempt (see table in section   11 - 15).

135   Section   11 - 10

Repeal the section.

136   Section   11 - 15 (heading)

Repeal the heading, substitute:

11 - 15   Ordinary or statutory income which is exempt

137   Section   11 - 15 (after table item headed "defence")

Insert:

dividends or shares

 

pooled development fund company dividend ........

124ZM

pooled development fund company shares, income from sale of  


124ZN

138   Section   11 - 15 (table items headed "family assistance" and "foreign aspects of income taxation")

Repeal the items, substitute:

family assistance

 

baby bonus ...............................

52 - 150

back to school bonus or single income family bonus ....

52 - 150

child care benefit ..........................

52 - 150

child care rebate ...........................

52 - 150

economic security strategy payment to families .......

52 - 150

families, payments to, under the scheme determined under Schedule   4 to the Social Security and Other Legislation Amendment (Economic Security Strategy) Act 2008              

52 - 160

family tax benefit ..........................

52 - 150

Household Stimulus Package Act (No.   2) 2009 , payments under scheme determined under Schedule   4 to the              

52 - 165

maternity immunisation allowance ...............

52 - 150

financial arrangements

 

gains related to exempt income ..................

230 - 30

financial transactions

 

infrastructure borrowings, income in relation to ......

159GZZZZE

pooled development fund company dividends ........

124ZM

pooled development fund company shares, income from sale of  


124ZN

foreign aspects of income taxation

 

approved overseas project, income from ...........

23AF

Australian - American Education Foundation, grant from  


51 - 10

Commonwealth of Nations country officer, official salary and foreign income              


768 - 100

consul and official staff member, official salary and foreign income  


768 - 100

Defence Force member, foreign resident, pay and
allowances of ..........................


842 - 105

Defence Force member, pay and allowances from being on eligible duty  


23AD

Defence Force member, pay and allowances from performing duties in operational areas              


23AC

defence of Australia, overseas person's income from assisting in Australia's defence              


842 - 105

diplomat and official staff member, official salary and foreign income  


768 - 100

educational, scientific, religious or philanthropic society, income of a visiting representative of              


842 - 105

expert, foreign resident, remuneration of ...........

842 - 105

foreign society or association representative, income of .


842 - 105

forex realisation gains, certain ..................

775 - 20

government representative and members of the entourage, foreign resident, income of              


842 - 105

OBU investment trusts for overseas charitable institutions  


121EL(2)

OBU off - shore investment trusts, income to which subsection   121D(6) applies              


121EL

overseas charitable institutions, income from OBUs ....

121ELA(1)

overseas employment income, resident, income of .....

23AG

persecution victim, payments to .................

768 - 105

press representative, foreign, income of ............

842 - 105

resistance fighter and victim of wartime persecution, payments to  


768 - 105

Territory resident company or trust, income from sources outside Australia              


24F

Territory resident, income from sources in a prescribed Territory  


24G

United Nations, income from service with ..........

23AB

United States projects, income from approved overseas projects  


23AA

139   Section   11 - 15 (after table item headed "health")

Insert:

interest

 

judgement debt, personal injury .................

51 - 57

140   Section   11 - 15 (before table item headed "resale royalty collecting societies")

Insert:

non - cash benefits

 

business benefit ............................

23L(2)

exempt fringe benefit ........................

23L(1A)

prizes

 

Prime Minister's Literary Awards ...............

51 - 60

Prime Minister's Prize for Australian History ........

51 - 60

Prime Minister's Prize for Science ...............

51 - 60

141   Section   11 - 15 (table item headed "social security or like payments")

Repeal the item, substitute:

social security or like payments

 

ABSTUDY scheme, payment under ..............

Subdivision   52 - E

Better Start for Children with Disability initiative, Outer Regional and Remote payment under              


52 - 172

carer adjustment payment .....................

53 - 10

carers, 2005 one - off payment to, (carer payment related), 2005 one - off payment to carers (carer service pension related) or 2005 one - off payment to carers (carer allowance related)              




52 - 10

carers, 2006 one - off payment to, (carer payment related), 2006 one - off payment to carers (wife pension related), 2006 one - off payment to carers (partner service pension related), 2006 one - off payment to carers (carer service pension related) or 2006 one - off payment to carers (carer allowance related)              







52 - 10

carers, 2007 one - off payment to, (carer payment related), 2007 one - off payment to carers (wife pension related), 2007 one - off payment to carers (partner service pension related), 2007 one - off payment to carers (carer service pension related) or 2007 one - off payment to carers (carer allowance related).              







52 - 10

carers, 2008 one - off payment to, (carer payment related), 2008 one - off payment to carers (wife pension related), 2008 one - off payment to carers (partner service pension related), 2008 one - off payment to carers (carer service pension related) or 2008 one - off payment to carers (carer allowance related)              







52 - 10

carers, one - off payment to, (carer allowance related) or one - off payment to carers (carer payment related)              


52 - 10

carers, payments to, under the scheme determined under Schedule   3 to the Family Assistance Legislation Amendment (More Help for Families--One - off Payments) Act 2004              




52 - 10

carer supplement. ...........................

52 - 10

child disability assistance .....................

Subdivision   52 - A

Commonwealth education or training payment .......

Subdivision   52 - F

DFISA bonus and DFISA bonus bereavement payment ..

52 - 65

disability services payment ....................

53 - 10

economic security strategy payment under the Social Security Act 1991  


52 - 10

economic security strategy payment under the Veterans' Entitlements Act 1986              


52 - 65

education entry payment supplement under the Social Security Act 1991  


52 - 10

exceptional circumstances relief, payment for ........

53 - 10 and 53 - 15

farmers hardship bonus under the Social Security Act 1991  


52 - 10

farm help income support .....................

53 - 10 and 53 - 15

Helping Children with Autism package, Outer Regional and Remote payment under              


52 - 170

Household Stimulus Package Act (No.   2) 2009 , payments under the scheme determined under Schedule   4 to the              



52 - 165

matched savings scheme (income management) payment under the Social Security Act 1991              


52 - 10

older Australians, 2006 one - off payment to, under the Social Security Act 1991              


52 - 10

older Australians, 2007 one - off payment to, under the Social Security Act 1991              


52 - 10

older Australians, 2008 one - off payment to, under the Social Security Act 1991              


52 - 10

pension bonus and pension bonus bereavement payment .

52 - 10 and 52 - 65

persecution victim, payments to .................

768 - 105

private health insurance ......................

52 - 125

resistance fighter and victim of wartime persecution, payments to  


768 - 105

Social Security and Other Legislation Amendment (Economic Security Strategy) Act 2008 , payments under the scheme determined under Schedule   4 to the              




52 - 160

Social Security and Veterans' Affairs Legislation Amendment (One - off Payments and Other 2007 Budget Measures) Act 2007 , payments under a scheme determined under item   1 of Schedule   2 to the              





52 - 10

Social Security and Veterans' Affairs Legislation Amendment (One - off Payments and Other 2007 Budget Measures) Act 2007 , payments under the scheme determined under Schedule   4 to the              




52 - 10

Social Security and Veterans' Entitlements Legislation Amendment (One - off Payments and Other Budget Measures) Act 2008 , payments under a scheme determined under item   1 of Schedule   2 to the              




52 - 10

Social Security and Veterans' Entitlements Legislation Amendment (One - off Payments and Other Budget Measures) Act 2008 , payments under the scheme determined under Schedule   4 to the              




52 - 10

Social Security and Veterans' Entitlements Legislation Amendment (One - off Payments to Increase Assistance for Older Australians and Carers and Other Measures) Act 2006 , payments under the scheme determined under item   1 of Schedule   2 to the              






52 - 10

Social Security and Veterans' Entitlements Legislation Amendment (One - off Payments to Increase Assistance for Older Australians and Carers and Other Measures) Act 2006 , payments under the scheme determined under Schedule   4 to the              





52 - 10

Social Security Legislation Amendment (One - off Payments for Carers) Act 2005 , payments under the scheme determined under Schedule   2 to the              



52 - 10

social security payments ......................

Subdivision   52 - A

training and learning bonus under the Social Security Act 1991  


52 - 10

travelling expenses for Australian participants in British nuclear tests  


Subdivision   52 - CB

veteran, Australian and United Kingdom, payment to ...

53 - 20

veteran, payment to .........................

Subdivisions   52 - B and 52 - C

Veterans' Entitlements Act 1986 , lump sum payment under section   198N of the              


52 - 65

voluntary income management incentive payment under the Social Security Act 1991              


52 - 10

wounds and disability pension ..................

53 - 10

see also welfare

 

142   Section   11 - 15 (table item headed "superannuation and related business")

After:

approved deposit fund, non - reversionary bonuses on policies of life assurance              

295 - 335 (table item   1)

insert:

benefits from non - complying funds ........

305 - 5

Division   3--Australian Victim of Terrorism Overseas Payment

Income Tax Assessment Act 1997

143   Section   11 - 15 (table item headed "social security or like payments")

After:

ABSTUDY scheme, payment under ..............

Subdivision   52 - E

insert:

Australian Victim of Terrorism Overseas Payment .....

52 - 10

Division   4--Amendments contingent on the Clean Energy (Household Assistance Amendments) Act 2011

Clean Energy (Household Assistance Amendments) Act 2011

144   Item   16 of Schedule   10 (heading)

Omit " Subsection   52 - 150(1) ", substitute " Section   52 - 150 ".

145   Item   2 of Schedule   10

Repeal the item, substitute:

1A   Section   11 - 15 (table item headed "family assistance")

After:

child care rebate ...........................

52 - 150

insert:

clean energy advance ........................

52 - 150

2   Section   11 - 15 (at the end of the table item headed "family assistance")

Add:

single income family supplement ................

52 - 150

Income Tax Assessment Act 1997

146   Section   11 - 15 (table item headed "family assistance")

After:

child care rebate ...........................

52 - 150

insert:

clean energy advance ........................

52 - 150

147   Section   11 - 15 (at the end of the table item headed "family assistance")

Add:

single income family supplement ................

52 - 150

148   Section   11 - 15 (table item headed "social security or like payments")

After:

child disability assistance .....................

Subdivision   52 - A

insert:

clean energy advance under the Farm Household Support Act 1992  


53 - 10

clean energy payment under the Social Security Act 1991  


52 - 10

clean energy payment under the Veterans' Entitlements Act 1986  


52 - 65

clean energy payment under the Military Rehabilitation and Compensation Act 2004              


52 - 114

Part   12 -- Complying superannuation/FHSA life insurance policies

Division   1--Virtual PST life insurance policies

Income Tax (Transitional Provisions) Act 1997

149   At the end of Subdivision   320 - F

Add:

320 - 180   Deferred annuities purchased before 1   July 2007

  (1)   Subsection   ( 3) applies for the purposes of subparagraph   ( b)(i) of the definition of virtual PST life insurance policy in subsection   995 - 1(1) of the Income Tax Assessment Act 1997 , as in force just after the commencement of item   259 of Schedule   1 to the Superannuation Legislation Amendment (Simplification) Act 2007 .

  (3)   Treat an annuity as having been purchased out of a superannuation lump sum or an employment termination payment, if the annuity was purchased:

  (a)   before 1   July 2007; and

  (b)   out of an eligible termination payment (within the meaning of the Income Tax Assessment Act 1997 , as in force just before the commencement mentioned in subsection   ( 1) of this section).

150   Application of amendment

The amendment made by this Division applies to the 2007 - 08 income year and later income years.

Division   2--Complying superannuation/FHSA life insurance policies

Income Tax (Transitional Provisions) Act 1997

151   After subsection   320 - 180(1)

Insert:

  (2)   Subsection   ( 3) also applies for the purposes of subparagraph   ( b)(i) of the definition of complying superannuation/FHSA life insurance policy in subsection   995 - 1(1) of the Income Tax Assessment Act 1997 , as in force just after the commencement of item   47 of Schedule   7 to the First Home Saver Accounts (Consequential Amendments) Act 2008 .

152   Application of amendment

The amendment made by this Division applies from 26   June 2008.

Part   13 -- Applications for tax file numbers

Income Tax Assessment Act 1936

153   Section   202A (definition of approved form )

Repeal the definition.

154   Subsection   202B(2)

Repeal the subsection, substitute:

  (2)   An application must be in the approved form. The approved form may require the application to include documentary evidence of the applicant's identity.

155   Application of amendments

The amendments made by this Part apply to applications made on or after the commencement of this item.

156   Saving provision--approved forms

A form that, just before the commencement of this item:

  (a)   had been approved by the Commissioner for the purposes of subsection   202B(2) of the Income Tax Assessment Act 1936 ; and

  (b)   was in force;

has effect, from that commencement, as if it had been approved for the purposes of that subsection as amended by this Part.

Part   14 -- Taxable professional income

Income Tax Assessment Act 1997

157   Section   405 - 45 (formula in step 2 of the method statement)

Repeal the formula, substitute:

158   Application of amendment

The amendment made by this Part applies for the purposes of assessments for the 1998 - 99 income year and later income years.

Part   15 -- Consolidated groups

Division   1--Partnerships

Income Tax Assessment Act 1997

159   Section   713 - 265 (heading)

Repeal the heading, substitute:

713 - 265   Partnership leaves group--adjustments to allocable cost amount of partner who also leaves group

Division   2--Amendments applying from 1   July 2002

Income Tax Assessment Act 1997

160   Subsection   715 - 90(2)

Omit "has effect as if it", substitute "and paragraph   165 - 115BA(5)(c) have effect as if they".

161   Application of amendment

The amendment made by this Division applies on and after 1   July 2002.

Part   16 -- Demutualisation

Income Tax Assessment Act 1997

162   Subsection   316 - 155(2)

Omit "the scheme approved by a court for the demutualisation provides for a trust (the lost policy holders trust ) to exist", substitute ", under the demutualisation, a trust (the lost policy holders trust ) exists".

163   Application of amendment

The amendment made by this Part applies in relation to demutualisations occurring on or after 1   July 2008.

Part   17 -- Mining and quarrying definitions

Income Tax Assessment Act 1997

164   Subparagraph 40 - 80(1)(c)(i)

Omit " * mining operations", substitute "mining operations".

165   Paragraph 40 - 95(11)(b)

Omit "petroleum field", substitute " * petroleum field".

166   Subsection   40 - 110(3B)

Omit "petroleum field", substitute " * petroleum field".

167   Paragraph 40 - 740(1)(d)

Omit "petroleum", substitute " * petroleum".

168   Paragraphs 124 - 710(1)(a) and 855 - 20(b)

Omit "minerals", substitute " * minerals".

169   Section   995 - 1 (definition of exploration or prospecting )

Repeal the definition, substitute:

"exploration or prospecting" has a meaning affected by subsection   40 - 730(4).

170   Subsection   995 - 1(1) ( paragraph   ( b) of the definition of housing and welfare )

Repeal the paragraph, substitute:

  (b)   health, education, recreation or similar facilities, or facilities for meals; or

Note:   This item fixes a misspelling.

171   Section   995 - 1 (definition of minerals )

Repeal the definition, substitute:

"minerals" has a meaning affected by subsection   40 - 730(5).

172   Subsection   995 - 1(1) (definition of mining operations )

Omit "section   40 - 730", substitute "subsection   40 - 730(7)".

173   Subsection   995 - 1(1) (definition of mining, quarrying or prospecting information )

Omit "section   40 - 730", substitute "subsection   40 - 730(8)".

174   Subsection   995 - 1(1) ( paragraph   ( a) of the definition of mining, quarrying or prospecting right )

Omit "minerals", substitute " * minerals".

175   Subsection   995 - 1(1) (definition of natural resource )

Omit "minerals", substitute " * minerals".

176   Subsection   995 - 1(1) (definition of petroleum )

Omit "section   40 - 730", substitute "subsection   40 - 730(6)".

Part   18 -- BAS amount

Income Tax Assessment Act 1997

177   Subsection   995 - 1(1)

Insert:

"BAS amount" means any debt or credit that arises directly under the * BAS provisions.

Note:   BAS stands for Business Activity Statement.

178   Subsection   995 - 1(1) (definition of BAS amounts )

Repeal the definition.

Part   19 -- Corporate tax rate

Income Tax Assessment Act 1997

179   Subsection   705 - 115(1) (formula)

Repeal the formula, substitute:

180   Subsection   711 - 35(1)

Omit " * general company tax rate", substitute " * corporate tax rate".

181   Subsection   711 - 45(3) (formula)

Repeal the formula, substitute:

Taxation Administration Act 1953

182   Subsection   288 - 80(3) in Schedule   1 (formula)

Repeal the formula, substitute:

Part   20 -- UK wounds and disability pension

Income Tax Assessment Act 1997

183   Section   53 - 10 ( paragraph   ( a) of the cell at table item   5, column headed "... is exempt subject to these exceptions and special conditions:")

Omit "subsection   315(2) of the Income and Corporation Taxes Act 1988 of the United Kingdom", substitute "section   641 of the Income Tax (Earnings and Pensions) Act 2003 of the United Kingdom".

Part   21 -- Repeal of redundant provisions

A New Tax System (Goods and Services Tax) Act 1999

184   Section   195 - 1 (definition of electronic signature )

Repeal the definition.

Income Tax Rates Act 1986

185   Section   22

Repeal the section.

Taxation Administration Act 1953

186   Paragraph 45 - 910(3)(c) in Schedule   1

Repeal the paragraph.

187   Subsection   45 - 910(3) in Schedule   1 (note)

Omit "(c),".

Part   22 -- Limited amendment period

Income Tax Assessment Act 1936

188   After section   170

Insert:

170A   Amendment of assessments--interaction with other Acts

Scope

  (1)   This section applies if a law other than section   170 or this section provides that section   170 does not prohibit the amendment of an assessment if the amendment is made:

  (a)   for a particular purpose; and

  (b)   within a particular period (the later amendment period ).

Extensions--applications by taxpayer

  (2)   Section   170 does not prevent the Commissioner amending the assessment even though the later amendment period has ended if the taxpayer applies:

  (a)   before the end of the later amendment period; and

  (b)   in the approved form mentioned in subsection   170(5);

for an amendment for the purpose mentioned in paragraph   ( 1)(a) of this section. The Commissioner may amend the assessment to give effect to the decision on the application.

Extensions--giving effect to private rulings

  (3)   The Commissioner may amend an assessment even though the later amendment period has ended if:

  (a)   the taxpayer applies for a private ruling under Division   359 in Schedule   1 to the Taxation Administration Act 1953 :

  (i)   before the end of the later amendment period; and

  (ii)   for the purpose mentioned in paragraph   ( 1)(a); and

  (b)   the Commissioner makes a private ruling under that Division because of the application.

The Commissioner may amend the assessment to give effect to the ruling.

Extensions--Federal Court orders or taxpayer consent

  (4)   If:

  (a)   the Commissioner has started to examine the affairs of a taxpayer in relation to an assessment for the purpose mentioned in paragraph   ( 1)(a); and

  (b)   the Commissioner has not completed the examination before the end of the later amendment period or that period as extended;

the later amendment period may be extended as follows:

 

Extensions of later amendment period

 

In this case:

The position is:

1

The Commissioner, before the end of the later amendment period or that period as extended, applies to the Federal Court of Australia for an order extending the later amendment period

The Court may order an extension of the later amendment period for a specified period if it is satisfied that it was not reasonably practicable, or it was inappropriate, for the Commissioner to complete the examination within the later amendment period, or that period as extended, because of:

(a)   any action taken by the taxpayer; or

(b)   any failure of the taxpayer to take action that would have been reasonable for the taxpayer to take.

2

The Commissioner, before the end of the later amendment period or that period as extended, requests the taxpayer to consent to extending the later amendment period

The taxpayer may, by notice in writing, consent to extending the later amendment period for a specified period.

  (5)   The later amendment period for an assessment may be extended more than once under subsection   ( 4).

189   Application of amendment

The amendment made by this Part applies in relation to laws that:

  (a)   provide that section   170 of the Income Tax Assessment Act 1936 does not prohibit the amendment of an assessment as mentioned in subsection   170A(1) of that Act (as inserted by this Part); and

  (b)   commence no earlier than 2 years before the commencement of this item.

Part   23 -- Definition of managed investment trust

Tax Laws Amendment (2010 Measures No.   3) Act 2010

190   After subitem   7(1) of Schedule   5

Insert:

(1A)   Without limiting subitem   ( 1), this item also applies for the purposes of Division   275 of the Income Tax Assessment Act 1997 (Australian managed investment trusts) if:

  (a)   apart from this item, a trust is not a managed investment trust in relation to an income year; and

  (b)   the income year is the 2008 - 09 or 2009 - 10 income year.

Part   24 -- Equivalent foreign collective investment vehicles

Taxation Administration Act 1953

191   Paragraph 12 - 402(3)(e) in Schedule   1

Repeal the paragraph, substitute:

  (e)   an entity:

  (i)   that is recognised under a * foreign law as being used for collective investment by pooling the contributions of its members as consideration to acquire rights to benefits produced by the entity; and

  (ii)   that has at least 50 members; and

  (iii)   the contributing members of which do not have day - to - day control over the entity's operation;

192   Application of amendment

Item   6 of Schedule   5 to the Tax Laws Amendment (2010 Measures No.   3) Act 2010 applies in relation to the amendment made by this Part in the same way as that item applies in relation to the amendments made by that Schedule.

Part   25 -- Self managed superannuation funds

Division   1--Definition of self managed superannuation fund

Superannuation Industry (Supervision) Act 1993

193   Subsection   10(1) (definition of self managed superannuation fund )

Omit "section   17A", substitute "sections   17A and 17B".

194   Section   17A (heading)

Repeal the heading, substitute:

17A   Definition of self managed superannuation fund

195   At the end of subsection   17A(1)

Add:

Note:   Section   17B contains exceptions to paragraphs   ( 1)(f) and (g).

196   At the end of subsection   17A(2)

Add:

Note:   Section   17B contains exceptions to paragraphs   ( 2)(c) and (d).

197   Paragraph 17A(3)(c)

Repeal the paragraph, substitute:

  (c)   if a member of the fund is under a legal disability because of age and does not have a legal personal representative:

  (i)   the parent or guardian of the member is a trustee of the fund in place of the member; or

  (ii)   if the trustee of the fund is a body corporate--the parent or guardian of the member is a director of the body corporate in place of the member; or

198   After section   17A

Insert:

17B   Definition of self managed superannuation fund --remuneration of trustees etc.

  (1)   Paragraphs 17A(1)(f) and (2)(c) do not apply to remuneration for any duties or services performed by a trustee of a fund, if:

  (a)   the trustee performs the duties or services other than in the capacity of trustee; and

  (b)   the trustee is appropriately qualified, and holds all necessary licences, to perform the duties or services; and

  (c)   the trustee performs the duties or services in the ordinary course of a business, carried on by the trustee, of performing similar duties or services for the public; and

  (d)   the remuneration is no more favourable to the trustee than that which it is reasonable to expect would apply if the trustee were dealing with the relevant other party at arm's length in the same circumstances.

  (2)   Paragraphs 17A(1)(g) and (2)(d) do not apply to remuneration for any duties or services performed by a director of a body corporate that is a trustee of a fund, if:

  (a)   the director performs the duties or services other than:

  (i)   in the capacity of director; and

  (ii)   in connection with the body corporate's capacity of trustee; and

  (b)   the director is appropriately qualified, and holds all necessary licences, to perform the duties or services; and

  (c)   the director performs the duties or services in the ordinary course of a business, carried on by the director, of performing similar duties or services for the public; and

  (d)   the remuneration is no more favourable to the director than that which it is reasonable to expect would apply if the director were dealing with the relevant other party at arm's length in the same circumstances.

199   Application of amendments

(1)   Item   197 applies from 8   October 1999.

(2)   Subsection   17B(1) of the Superannuation Industry (Supervision) Act 1993 , inserted by this Division, applies from 8   October 1999.

(3)   Subsection   17B(2) of the Superannuation Industry (Supervision) Act 1993 , inserted by this Division, applies to the 2007 - 2008 income year and later income years.

Division   2--References to self managed superannuation funds

Income Tax Assessment Act 1997

200   Subparagraph 210 - 70(1)(b)(i)

Omit " self managed superannuation fund (within the meaning of the Superannuation Industry Supervision Act 1993 ) ", substitute " * self managed superannuation fund".

201   Subparagraph 210 - 70(1)(b)(ii)

Omit " self managed superannuation fund (within the meaning of the Superannuation Industry Supervision Act 1993 ) ", substitute "self managed superannuation fund".

202   Paragraph 210 - 170(2)(a)

Omit " self managed superannuation fund (within the meaning of the Superannuation Industry Supervision Act 1993 ) ", substitute " * self managed superannuation fund".

203   Paragraph 210 - 170(2)(b)

Omit " self managed superannuation fund (within the meaning of the Superannuation Industry Supervision Act 1993 ) ", substitute "self managed superannuation fund".

Superannuation Industry (Supervision) Act 1993

204   Subsection   6(1) (note)

Omit "self - managed superannuation funds", substitute "self managed superannuation funds".

205   Subsection   17A(6) (notes 1 and 2)

Omit "self - managed superannuation fund", substitute "self managed superannuation fund".

206   Subsection   29N(1A)

Omit "self - managed superannuation fund", substitute "self managed superannuation fund".

207   Section   35B (heading)

Repeal the heading, substitute:

35B   Accounts and statements (self managed superannuation funds only)

208   Section   35D (heading)

Repeal the heading, substitute:

35D   Trustee to lodge annual returns (self managed superannuation funds only)

209   Subparagraph 229(1)(aa)(i)

Omit "self - managed superannuation fund", substitute "self managed superannuation fund".

210   Subsections   229(3) and 231(3)

Omit "self - managed superannuation fund", substitute "self managed superannuation fund".

211   Paragraph 327 ( paragraph   ( aa) of the definition of modifiable provision )

Omit "self - managed superannuation funds", substitute "self managed superannuation funds".

Taxation Administration Act 1953

212   Subsection   355 - 65(3) in Schedule   1 ( paragraph   ( a) of the cell at table item   8, column headed "and the record or disclosure ... ")

Omit "self - managed superannuation fund", substitute " * self managed superannuation fund".

213   Subsection   355 - 65(3) in Schedule   1 ( paragraphs   ( b) and (c) of the cell at table item   8, column headed "and the record or disclosure ... ")

Omit "self - managed superannuation fund", substitute "self managed superannuation fund".

Part   26 -- Untaxed plan cap

Income Tax Assessment Act 1997

214   Subsection   307 - 350(2)

Repeal the subsection, substitute:

Reductions and increases

  (1A)   Subsection   ( 2) applies if:

  (a)   you receive one or more * superannuation member benefits from a * superannuation plan at a time; and

  (b)   the benefit, or one or more of the benefits:

  (i)   is a * superannuation lump sum; and

  (ii)   includes an * element untaxed in the fund.

  (2)   Reduce your untaxed plan cap amount just after that time:

  (a)   if the total of the * elements untaxed in the fund of the * superannuation member benefits to which paragraph   ( 1A)(b) applies falls short of your untaxed plan cap amount at that time--by that total; or

  (b)   otherwise--to nil.

215   Subsection   307 - 350(2A)

Omit " subsection   ( 2)", substitute " subsections   ( 1A) and (2)".

216   Application of amendments

The amendments made by this Part apply on and after 1   July 2007.

Part   27 -- Correction of typographical errors

Income Tax Assessment Act 1997

217   Subparagraph 775 - 205(c)(i)

Omit "set - off", substitute "set off".

Taxation Administration Act 1953

218   Paragraph 16 - 153(2)(c) in Schedule   1

Omit " * reportable fringe benefit amount", substitute " * reportable fringe benefits amount".

Part   28 -- Foreign income tax offset, Medicare levy and surcharge

Income Tax Assessment Act 1936

219   Subsection   6(1)

Insert:

"Medicare levy" means Medicare levy imposed as such by any Act as assessed under this Act.

220   Subsection   6(1)

Insert:

"Medicare levy (fringe benefits) surcharge" has the meaning given by the Income Tax Assessment Act 1997 .

221   Subsections   251R(1) and (1A)

Repeal the subsections.

222   Subsections   251R(2), (2A) and (6A)

Omit "levy", substitute "Medicare levy".

223   Paragraphs 251R(6B)(c), (6C)(d) and (6D)(d) and (f)

Omit "levy", substitute "Medicare levy".

224   Subsection   251R(7)

Omit "levy payable in accordance with this Part and surcharge", substitute "Medicare levy payable in accordance with this Part and Medicare levy (fringe benefits) surcharge".

225   Subsection   251S(1) (note)

Repeal the note, substitute:

Note 1:   Subdivision   61 - L (tax offset for Medicare levy surcharge (lump sum payments in arrears)) of the Income Tax Assessment Act 1997 might provide a tax offset for a person if Medicare levy surcharge (within the meaning of that Act) is payable by the person.

Note 2:   The tax offset for foreign income tax under Division   770 of the Income Tax Assessment Act 1997 can be applied against your liability to pay Medicare levy or Medicare levy (fringe benefits) surcharge: see item   22 of the table in subsection   63 - 10(1) of that Act.

226   Section   251T (heading)

Repeal the heading, substitute:

251T   Medicare levy (other than Medicare levy surcharge) not payable by prescribed persons or by certain trustees

227   Subsections   251U(1) to (3)

Omit "levy" (wherever occurring), substitute "Medicare levy".

228   Section   251V (heading)

Repeal the heading, substitute:

251V   Subsections   251R(4), (5), (6B), (6C) and (6D) not to apply to Medicare levy surcharge

229   Subsection   251V(2)

Omit "the levy", substitute "the Medicare levy".

230   Section   251VA (heading)

Repeal the heading, substitute:

251VA   Subsection   251U(3) not to apply for Medicare levy surcharge

231   Subsection   251VA(2)

Omit "the levy", substitute "the Medicare levy".

232   Subsection   251W(1)

Omit "levy or surcharge", substitute "Medicare levy or Medicare levy (fringe benefits) surcharge".

233   Section   251X

Omit "levy or surcharge", substitute "Medicare levy or Medicare levy (fringe benefits) surcharge".

234   Section   251Z (heading)

Repeal the heading, substitute:

251Z   Administration of Medicare levy (fringe benefits) surcharge Act

Income Tax Assessment Act 1997

235   Subsection   63 - 10(1) (cell at table item   22, column headed "What happens to any excess")

Repeal the cell, substitute:

Apply it against your liability (if any) to pay * Medicare levy for the income year.

To the extent that an amount of it remains, apply it against your liability (if any) to pay * Medicare levy (fringe benefits) surcharge for the income year.

To the extent that an amount of it remains, you cannot get a refund of it, you cannot transfer it and you cannot carry it forward to a later income year

236   At the end of section   770 - 5

Add:

Note 1:   This Division applies in relation to Medicare levy and Medicare levy (fringe benefits) surcharge in the same way as it applies to Australian income tax. See section   90 - 1 in Schedule   1 to the Taxation Administration Act 1953 .

Note 2:   The tax offset under this Division can be applied against your Medicare levy and Medicare levy (fringe benefits) surcharge liability for the year, if an amount of it remains after you apply it against your basic income tax liability. See item   22 of the table in subsection   63 - 10(1).

237   Subsection   995 - 1(1) ( paragraph   ( b) of the definition of income tax law )

Omit "Medicare levy", substitute " * Medicare levy".

238   Subsection   995 - 1(1)

Insert:

"Medicare levy" has the meaning given by the Income Tax Assessment Act 1936 .

239   Subsection   995 - 1(1)

Insert:

"Medicare levy (fringe benefits) surcharge" means Medicare levy surcharge imposed by the A New Tax System (Medicare Levy Surcharge--Fringe Benefits) Act 1999 .

240   Subsection   995 - 1(1) (definition of Medicare levy surcharge )

Repeal the definition, substitute:

"Medicare levy surcharge" means:

  (a)   an amount (other than a nil amount) of * Medicare levy that is payable by you only because of section   8B, 8C, 8D, 8E, 8F or 8G of the Medicare Levy Act 1986 ; or

  (b)   * Medicare levy (fringe benefits) surcharge.

Taxation Administration Act 1953

241   Paragraphs 11 - 1(b), 15 - 30(b) and 45 - 5(1)(b) in Schedule   1

Omit "Medicare levy", substitute " * Medicare levy".

242   Section   45 - 340 in Schedule   1 (method statement, step 2)

Omit "Medicare levy" (first occurring), substitute " * Medicare levy".

243   Section   45 - 375 in Schedule   1 (method statement, step 2)

Omit "Medicare levy" (first occurring), substitute " * Medicare levy".

244   Paragraphs 90 - 1(a) and (b) in Schedule   1

Repeal the paragraphs, substitute:

  (a)   * Medicare levy;

  (b)   * Medicare levy (fringe benefits) surcharge.

245   Paragraphs 340 - 10(1)(c) and (d) in Schedule   1

Repeal the paragraphs, substitute:

  (c)   * Medicare levy;

  (d)   * Medicare levy (fringe benefits) surcharge;

246   Paragraph 357 - 55(b) in Schedule   1

Omit "Medicare levy", substitute " * Medicare levy".

Taxation (Interest on Overpayments and Early Payments) Act 1983

247   Subsection   3(1) ( paragraph   ( b) of the definition of income tax )

Omit "levy", substitute "Medicare Levy".

248   Application of amendments

The amendments made by this Part apply to income years starting on or after 1   July 2008.

Part   29 -- Adjusted tax

Taxation Administration Act 1953

249   Section   45 - 340 in Schedule   1 (method statement, step 4)

Omit ", and reduced by what would have been your * FTB amount (if any) for the * base year if your taxable income for the base year had been your * adjusted taxable income, or your * adjusted withholding income, for that year".

250   Section   45 - 375 in Schedule   1 (method statement, step 4)

Omit ", and reduced by what would have been your * FTB amount (if any) for the variation year if your taxable income for that year had been your * adjusted assessed taxable income for that year".

251   Application of amendments

The amendments made by this Part apply to a base year that is:

  (a)   the 2009 - 10 income year; or

  (b)   a later income year.

Part   30 -- Section   109CA of the Income Tax Assessment Act 1936

Income Tax Assessment Act 1936

252   Subparagraph 109CA(7)(d)(i)

Repeal the subparagraph, substitute:

  (i)   starting on the start of 1   July 2009; and

253   Application of amendment

The amendment made by this Part applies in relation to payments made on or after 1   July 2009.

Part   31 -- Franking debits

Income Tax Assessment Act 1936

254   Paragraph 45C(3)(b)

Repeal the paragraph, substitute:

  (b)   the amount of the franking debit is the amount that, if the company had:

  (i)   paid a dividend of an amount equal to the amount of the capital benefit, or the part of the capital benefit, at the time when it was provided; and

  (ii)   fully franked the dividend;

    would have been the amount of the franking credit of the company that would have arisen as a result of the dividend.

255   Application of amendment

The amendment made by this Part applies in relation to notices of determination served as mentioned in paragraph   45C(3)(a) of the Income Tax Assessment Act 1936 on or after 1   July 2002.



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