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)".
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)".
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).
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".
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".
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".
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
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.
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
foreign aspects of income taxation |
|
approved overseas project, income from ........... | 23AF |
Australian - American Education Foundation, grant from |
|
Commonwealth of Nations country officer, official salary and foreign income |
|
consul and official staff member, official salary and foreign income |
|
Defence Force member, foreign resident, pay and |
|
Defence Force member, pay and allowances from being on eligible duty |
|
Defence Force member, pay and allowances from performing duties in operational areas |
|
defence of Australia, overseas person's income from assisting in Australia's defence |
|
diplomat and official staff member, official salary and foreign income |
|
educational, scientific, religious or philanthropic society, income of a visiting representative of |
|
expert, foreign resident, remuneration of ........... | 842 - 105 |
foreign society or association representative, income of . |
|
forex realisation gains, certain .................. | 775 - 20 |
government representative and members of the entourage, foreign resident, income of |
|
OBU investment trusts for overseas charitable institutions |
|
OBU off - shore investment trusts, income to which subsection 121D(6) applies |
|
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 |
|
Territory resident company or trust, income from sources outside Australia |
|
Territory resident, income from sources in a prescribed Territory |
|
United Nations, income from service with .......... | 23AB |
United States projects, income from approved overseas projects |
|
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 |
|
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) |
|
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) |
|
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). |
|
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) |
|
carers, one - off payment to, (carer allowance related) or one - off payment to carers (carer payment related) |
|
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 |
|
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 |
|
economic security strategy payment under the Veterans' Entitlements Act 1986 |
|
education entry payment supplement under the Social Security Act 1991 |
|
exceptional circumstances relief, payment for ........ | 53 - 10 and 53 - 15 |
farmers hardship bonus under the Social Security Act 1991 |
|
farm help income support ..................... | 53 - 10 and 53 - 15 |
Helping Children with Autism package, Outer Regional and Remote payment under |
|
Household Stimulus Package Act (No. 2) 2009 , payments under the scheme determined under Schedule 4 to the |
|
matched savings scheme (income management) payment under the Social Security Act 1991 |
|
older Australians, 2006 one - off payment to, under the Social Security Act 1991 |
|
older Australians, 2007 one - off payment to, under the Social Security Act 1991 |
|
older Australians, 2008 one - off payment to, under the Social Security Act 1991 |
|
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 |
|
Social Security and Other Legislation Amendment (Economic Security Strategy) Act 2008 , payments under the scheme determined under Schedule 4 to the |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
Social Security Legislation Amendment (One - off Payments for Carers) Act 2005 , payments under the scheme determined under Schedule 2 to the |
|
social security payments ...................... | Subdivision 52 - A |
training and learning bonus under the Social Security Act 1991 |
|
travelling expenses for Australian participants in British nuclear tests |
|
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 |
|
voluntary income management incentive payment under the Social Security Act 1991 |
|
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 |
|
clean energy payment under the Social Security Act 1991 |
|
clean energy payment under the Veterans' Entitlements Act 1986 |
|
clean energy payment under the Military Rehabilitation and Compensation Act 2004 |
|
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
Income Tax Assessment Act 1997
159 Section 713 - 265 (heading)
Repeal the heading, substitute:
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.
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)".
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.
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.
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".
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:
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.
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.
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.