Commonwealth Consolidated Acts

A NEW TAX SYSTEM (FAMILY ASSISTANCE) (CONSEQUENTIAL AND RELATED MEASURES) ACT (NO. 1) 1999 - SCHEDULE 8

Income Tax Assessment Act 1936

Omit all the words after "taxpayer", substitute "would be entitled under section 159K, apart from subsection 159K(1A);".

Insert:

(AA) any rebate to which the taxpayer would be entitled under section 159L, apart from subsection 159L(3A);

Omit "2,".

Insert:

(BA) any rebate to which the taxpayer would be entitled under section 159J in respect of a dependant included in class 2 in the table in subsection 159J(2), apart from subsection 159J(1AA);

After "made" (second occurring), insert "and subsection 159J(1AA) had not been enacted".

Add:

Note 1: Paragraph 23AB(7)(a) lets a taxpayer include the dependent spouse rebate (without child), the child-housekeeper rebate or the housekeeper rebate for the purpose of working out the amount of rebate under this section, even if the taxpayer is eligible for family tax benefit for the whole or part of a year.

Note 2: Another effect of that paragraph (see sub-subparagraph (D)) is to let a taxpayer include the dependent spouse rebate (with child), despite its abolition by the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999 , for the purpose of working out the rebate amount under this section.

Omit all the words after "taxpayer", substitute "would be entitled under section 159K, apart from subsection 159K(1A);".

Insert:

(aa)

any rebate to which the taxpayer would be entitled under section 159L, apart from subsection 159L(3A);

Omit "2,".

Insert:

(ba)

any rebate to which the taxpayer would be entitled under section 159J in respect of a dependant included in class 2 in the table in subsection 159J(2), apart from subsection 159J(1AA);

After "made" (second occurring), insert "and subsection 159J(1AA) had not been enacted".

Add:

Note 1: This definition lets a taxpayer include the dependent spouse rebate (without child), the child-housekeeper rebate or the housekeeper rebate for the purpose of working out the relevant rebate amount under this section, even if the taxpayer is eligible for family tax benefit for the whole or part of a year.

Note 2: Another effect of the definition (see paragraph (d)) is to let a taxpayer include the dependent spouse rebate (with child), despite its abolition by the A New Tax System) (Consequential and Related Measures) Act (No. 1) 1999 , for the purpose of working out the relevant rebate amount.

Omit all the words after "taxpayer", substitute "would be entitled under section 159K, apart from subsection 159K(1A);".

Insert:

(aa)

any rebate to which the taxpayer would be entitled under section 159L, apart from subsection 159L(3A);

Omit "2,".

Insert:

(ba)

any rebate to which the taxpayer would be entitled under section 159J in respect of a dependant included in class 2 in the table in subsection 159J(2), apart from subsection 159J(1AA);

After "made" (second occurring), insert "and subsection 159J(1AA) had not been enacted".

Add:

Note 1: This definition lets a taxpayer include the dependent spouse rebate (without child), the child-housekeeper rebate or the housekeeper rebate for the purpose of working out the concessional rebate amount under this section, even if the taxpayer is eligible for family tax benefit for the whole or part of a year.

Note 2: Another effect of this definition (see paragraph (d)) is to let a taxpayer include the dependent spouse rebate (with child), despite its abolition by the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999 , for the purpose of working out the concessional rebate amount.

Repeal the subsection.

Insert:

(1AA)

A taxpayer is not entitled in his or her assessment in respect of a year of income to a rebate under this section in respect of a dependant included in class 1 or 2 in the table in subsection (2), if during the whole of the year of income concerned, the taxpayer or the taxpayer's spouse was eligible for family tax benefit within the meaning of the A New Tax System (Family Assistance) Act 1999 .

Repeal the subsection.

Insert:

or (f) both:

(i)

the taxpayer is entitled to a rebate in respect of a dependant included in class 1 or 2 of the table in subsection (2); and

(ii)

the taxpayer or the taxpayer's spouse is eligible for family tax benefit within the meaning of the A New Tax System (Family Assistance) Act 1999 during part (but not the whole) of the year of income;

Repeal the subsection.

Insert:

(1A)

A taxpayer is not entitled to a rebate under this section in his or her assessment in respect of the 2000-2001 year of income or a later year of income.

Insert:

(3A)

A housekeeper is taken not to have been wholly engaged in keeping house for a taxpayer during any part of the year of income in respect of which the taxpayer or the taxpayer's spouse is eligible for family tax benefit within the meaning of the A New Tax System (Family Assistance) Act 1999 , unless throughout that part of the year of income, the taxpayer contributed to the maintenance of a dependant specified in paragraph (1)(c).

Income Tax Rates Act 1986

Repeal the Division.

Medicare Levy Act 1986

Repeal the paragraph, substitute:

(b)

would be entitled to a rebate under section 159J of the Assessment Act in respect of a person included in class 2 in the table in subsection 159J(2) of that Act, apart from subsection 159J(1AA) of that Act; or

(c)

would be entitled to a rebate under section 159K of that Act in respect of the year of income, apart from subsection 159K(1A) of that Act; or

(d)

would be entitled to a rebate under subsection 159L of that Act, apart from subsection 159L(3A) of that Act;

in respect of the year of income;

Repeal the paragraph, substitute:

(b)

would be entitled to a rebate under section 159J of the Assessment Act in respect of a person included in class 2 in the table in subsection 159J(2) of that Act, apart from subsection 159J(1AA) of that Act; or

(c)

would be entitled to a rebate under section 159K of that Act in respect of the year of income, apart from subsection 159K(1A) of that Act; or

(d)

would be entitled to a rebate under subsection 159L of that Act, apart from subsection 159L(3A) of that Act;

in respect of the year of income;

The amendments made by this Schedule apply to assessments in relation to the 2000-2001 year of income and later years of income.