INCOME TAX ASSESSMENT ACT 1997 - SECT 61.705 Who is entitled to the seafarer tax offset

INCOME TAX ASSESSMENT ACT 1997 - SECT 61.705

  (1)   A company is entitled to a * tax offset for an income year if:

  (a)   the company is a corporation to which paragraph   51(xx) of the Constitution applies; and

  (b)   there is at least one individual in respect of whom the company has 91 days or more in the income year that qualify for the tax offset as mentioned in subsection   (2).

  (2)   A particular day qualifies for the * tax offset under this Subdivision for a company for an individual if:

  (a)   on the day, the individual is an Australian resident who:

  (i)   is employed by the company; or

  (ii)   performs work or services under an * arrangement under which the company makes, at any time, a payment that is a * withholding payment covered by subsection   12 - 60(1) in Schedule   1 to the Taxation Administration Act 1953 (about labour hire arrangements); and

  (b)   on the day, the individual is so employed, or performs the work or services, on a voyage of a vessel as master, deck officer, integrated rating, steward or engineer; and

  (c)   the company, or another entity, has a certificate for the vessel that applies to the day under Part   2 of the Shipping Reform (Tax Incentives) Act 2012 ; and

  (d)   in the course of the voyage, the vessel travels between:

  (i)   a port in Australia and a port outside Australia; or

  (ii)   a port in Australia and a place in the waters of the sea above the continental shelf of a country other than Australia; or

  (iii)   a port outside Australia and a place in the waters of the sea above the continental shelf of Australia; or

  (iv)   a place in the waters of the sea above the continental shelf of Australia and a place in the waters of the sea above the continental shelf of a country other than Australia; or

  (v)   ports outside Australia; or

  (vi)   places beyond the continental shelf of Australia;

    whether or not the ship travels between 2 or more ports in Australia in the course of the voyage.

Note 1:   An entity may be entitled to a certificate for a vessel under Part   2 of the Shipping Reform (Tax Incentives) Act 2012 if it meets the requirements (relating to such things as tonnage, registration and usage) in that Act.

Note 2:   An entity cannot be entitled to a certificate for a vessel under Part   2 of that Act for a day before 1   July 2012: see paragraph   8(4)(b) of that Act.

  (3)   For the purposes of paragraph   (2)(b), the voyage of a vessel is taken to:

  (a)   start on the earliest day on which one or more of the following occurs:

  (i)   * shipping cargo to be carried on the voyage, or any part of the voyage, is first loaded into the vessel;

  (ii)   * shipping passengers to be carried on the voyage, or any part of the voyage, first board the vessel;

  (iii)   the voyage begins; and

  (b)   end on the latest day on which any of the following occurs:

  (i)   all shipping cargo carried on the voyage, or any part of the voyage, is completely unloaded from the vessel;

  (ii)   all shipping passengers carried on the voyage, or any part of the voyage, finally disembark from the vessel;

  (iii)   the voyage ends.