Commonwealth Consolidated Regulations

INCOME TAX REGULATIONS 1936 - REG 150AF

         (1)   Regulation 150AD is affected by subregulation (2) if, in relation to a year of income:

                (a)    a taxpayer ( TP1 ) is entitled to a rebate under section 160AAAB of the Act; and

               (b)    the relevant income-recipient in relation to that rebate is, at any time in that year of income, the spouse of a taxpayer ( TP2 ) who is entitled to a rebate of tax under section 160AAAA of the Act; and

                (c)    TP1's rebate amount in relation to the relevant income- recipient mentioned in paragraph (b) exceeds the tax payable by TP1 in relation to that relevant income- recipient for 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 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 -- the amount ascertained under subregulation 150AB (2) reduced by the amount of the excess rebate amount mentioned in paragraph (1) (c); and

               (b)    for TP2 -- the amount ascertained under subregulation 150AB (2) increased by the amount of the excess rebate amount mentioned in paragraph (1) (c).

         (3)   Regulation 150AD is affected by subregulation (4) if, in relation to a year of income:

                (a)    a taxpayer ( TP1 ) is entitled to a rebate under section 160AAAB of the Act; and

               (b)    the relevant income-recipient in relation to TP1 ( RIR1 ) is, at any time in that year of income, the spouse of a person ( RIR2 ) who is the relevant income-recipient in relation to a taxpayer ( TP2 ) who is entitled to a rebate of tax under section 160AAAB of the Act; and

                (c)    TP1's rebate amount in relation to RIR1 exceeds the tax payable by TP1 in relation to RIR1 for 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 of the Act for the year of income in relation to RIR2 is less than TP2's rebate amount for that year in relation to RIR2.

         (4)   In the circumstances mentioned in subregulation (3), the rebate amount for the year of income:

                (a)    for TP1 -- is the amount ascertained under subregulation 150AB (2) reduced by the amount of the excess rebate amount mentioned in paragraph (3) (c); and

               (b)    for TP2 -- is 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) (d) 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 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.