Commonwealth Consolidated Acts

CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 38A

             (1)  The liable parent's supplementary amount for a year of income is the total of:

                     (a)  the liable parent's exempt foreign income; and

                     (b)  the liable parent's rental property loss; and

                     (c)  the liable parent's reportable fringe benefits total (if any) for the year of income.

             (2)  The liable parent's exempt foreign income is the total amount of the liable parent's income that is exempt from tax under section 23AF or 23AG of the Income Tax Assessment Act 1936 , reduced by the total amount of losses and outgoings (except capital losses and outgoings) incurred by the liable parent in deriving that exempt income.

          (2A)  In working out the liable parent's exempt foreign income under subsection (2), there should be excluded from the total amount of the liable parent's exempt foreign income any overseas income of the liable parent determined for the purpose of working out the liable parent's child support income amount.

             (3)  The amount of the liable parent's exempt foreign income cannot be reduced below nil under subsection (2).

             (4)  The liable parent's rental property loss is the amount (if any) by which the amount of the liable parent's allowable deductions under the Income Tax Assessment Act 1997 in respect of rental property (other than prescribed allowable deductions of that kind) exceeds the liable parent's rental property income (other than rental property income derived by him or her as a member of a partnership).