Commonwealth Consolidated Regulations

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NATIONAL RENTAL AFFORDABILITY SCHEME REGULATIONS 2008 - REG 29

Receipt of incentives

         (1)   The Secretary must:

                (a)    either:

                          (i)    if an approved participant is an endorsed charitable institution that has elected to receive a tax offset certificate -- issue a tax offset certificate as set out in subregulation (2); or

                         (ii)    if an approved participant is an endorsed charitable institution that has not elected to receive a tax offset certificate -- pay the incentive for each allocation; or

               (b)    for other approved participants -- issue a tax offset certificate as set out in subregulation (2); or

                (c)    pay the amount of incentive the approved participant is eligible to receive, or issue a tax offset certificate for the amount that the approved participant is eligible to receive, in accordance with the following table, if the approved participant is:

                          (i)    an endorsed charitable institution for part of an NRAS year; and

                         (ii)    an otherwise eligible approved participant for part of the same NRAS year.

Item

If an approved participant ...

the Secretary must ...

1

   (a)  changes from an endorsed charitable institution to an otherwise eligible approved participant; and

  (b)  as an endorsed charitable institution, elects to receive a tax offset certificate

issue a tax offset certificate for the NRAS year

2

   (a)  changes from an endorsed charitable institution to an otherwise eligible approved participant; and

  (b)  as an endorsed charitable institution, does not elect to receive a tax offset certificate

   (a)  for the period that the approved participant was an endorsed charitable institution -- pay the incentive apportioned for that period; and

  (b)  for the period that the approved participant was an otherwise eligible approved participant -- issue a tax offset certificate apportioned for that period

3

   (a)  changes from an otherwise eligible approved participant to an endorsed charitable institution; and

  (b)  as an endorsed charitable institution, elects to receive a tax offset certificate

issue a tax offset certificate for the NRAS year

4

   (a)  changes from an otherwise eligible approved participant to an endorsed charitable institution; and

  (b)  as an endorsed charitable institution, does not elect to receive a tax offset certificate

   (a)  for the period that the approved participant was an otherwise eligible approved participant -- issue a tax offset certificate apportioned for that period; and

  (b)  for the period that the approved participant was an endorsed charitable institution -- pay the incentive apportioned for that period

         (2)   A tax offset certificate for subregulation (1) must contain the following:

                (a)    an identifying number;

               (b)    if applicable -- identification as 'an amended, replacement certificate';

                (c)    the name and any applicable Australian Business Number or Australian Company Number of the approved participant;

               (d)    the date of issue of the certificate (being the date the Secretary approves the certificate showing the amount of tax offset);

                (e)    the NRAS year to which the certificate relates;

                (f)    the total National Rental Affordability Scheme Tax Offset covered by the certificate;

               (g)    a listing of each dwelling covered by the certificate and the incentive determined for each dwelling for the NRAS year;

               (h)    any offset, variation or apportionment made to the Tax Offset and the NRAS year to which it relates.

Note 1    Regulations 28 and 30 also contain information about apportionment, variation and offset of incentive.

Note 2    References to an amount may include zero.

Note 3    One certificate may relate to multiple approved rental dwellings and those dwellings may be associated with different joint ventures to which the approved participant is a party.



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