Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) Regulation 150AD is affected by subregulation (2) if, in relation to a year of income:
(a) a taxpayer ( TP1 ) is:
(i) entitled to a rebate of tax under section 160AAAA or 160AAA of the Act; and
(ii) the relevant income‑recipient in relation to the rebate to which he or she is entitled; and
(aa) a person ( TP2 ) who is, at any time in that year of income, TP1's spouse is:
(i) entitled to a rebate of tax under section 160AAAA of the Act; and
(ii) the relevant income‑recipient in relation to the rebate to which he or she is entitled; and
(b) TP1's:
(i) rebate amount for the year of income worked out under this regulation; or
(ii) adjusted rebate amount worked out under regulation 151;
exceeds the tax payable by TP1 in respect of income of that year (disregarding any credits or rebates); and
(c) the amount of the rebate to which, apart from this subregulation, TP2 is entitled under section 160AAAA of the Act for the year of income is less than TP2's rebate amount for that year.
(2) In the circumstances mentioned in subregulation (1), the rebate amount for the year of income is:
(a) for TP1:
(i) the amount ascertained under subregulation 150AB (2); or
(ii) the adjusted rebate amount ascertained under subregulation 151 (3);
reduced by the amount of the excess rebate amount mentioned in paragraph (1) (b); and
(b) for TP2 -- the amount ascertained under subregulation 150AB (2) increased by the amount of the excess rebate amount mentioned in paragraph (1) (b).
(3) Regulation 150AD is affected by subregulation (4) if, in relation to a year of income:
(a) a taxpayer ( TP1 ) is:
(i) under section 160AAAA or 160AAA of the Act -- entitled to a rebate of tax; and
(ii) in relation to the rebate to which he or she is entitled -- the relevant income‑recipient; and
(b) TP1 is, at any time in that year of income, the spouse of a person who is a relevant income‑recipient in relation to a taxpayer ( TP2 ) who is entitled under section 160AAAB to a rebate of tax; and
(c) TP1's:
(i) rebate amount for the year of income worked out under this regulation; or
(ii) adjusted rebate amount worked out under regulation 151;
exceeds the tax payable by TP1 in respect of income of that year (disregarding any credits or rebates); and
(d) the amount of the rebate to which, apart from this subregulation, TP2 is entitled under section 160AAAB for the year of income in relation to TP1's spouse is less than TP2's rebate amount for that year in relation to TP1's spouse.
(4) In the circumstances mentioned in subregulation (3), the rebate amount for the year of income is:
(a) for TP1 -- the amount ascertained under subregulation 150AB (2) or 151 (3) reduced by the amount of the excess rebate amount mentioned in paragraph (3) (c); and
(b) for TP2 -- the amount ascertained under subregulation 150AB (2) increased by the amount of the excess rebate amount mentioned in paragraph (3) (c).
(5) For paragraphs (1) (c) and (3) (d), if the year of income concerned is the year of income ending on 30 June 1997, the amount of rebate to which TP2 is entitled is taken to be the amount mentioned in paragraph 150AD (b).
(6) If the year of income mentioned in subregulation (1) or (3) is the year of income ending on 30 June 1997, the amount ascertained under paragraph (2) (b) or (4) (b) is limited to the amount of tax payable by TP2 in respect of income of that year.
(7) This regulation applies whether TP1 is, or is not, the same person as TP2.
(10) This regulation does not apply if TP2 was in receipt of a benefit under Part 2.11, 2.12, 2.14 or 2.15 of SSA91 on the last day of the year of income.