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BUDGET SAVINGS (OMNIBUS) ACT 2016 (NO. 55, 2016) - SCHEDULE 15 Fringe benefits

BUDGET SAVINGS (OMNIBUS) ACT 2016 (NO. 55, 2016) - SCHEDULE 15

Fringe benefits

   

A New Tax System (Family Assistance) Act 1999

1  Clause 4 of Schedule 3

Repeal the clause, substitute:

4   Adjusted fringe benefits total

                   An individual's adjusted fringe benefits total for an income year is the amount worked out using the formula:

where:

"other employer fringe benefits total " is the amount that is the sum of the following:

                     (a)  each of the individual's reportable fringe benefits amounts for the income year under section 135P of the Fringe Benefits Tax Assessment Act 1986 ;

                     (b)  each of the individual's reportable fringe benefits amounts for the income year under section 135Q of the Fringe Benefits Tax Assessment Act 1986 , to the extent that section relates to the individual's employment by an employer described in section 58 of that Act.

section 57A employer fringe benefits total is the amount that is the sum of each of the individual's individual quasi-fringe benefits amounts for the income year under section 135Q of the Fringe Benefits Tax Assessment Act 1986 , to the extent that section relates to the individual's employment by an employer described in section 57A of that Act.

Income Tax Assessment Act 1936

2  Subsection 6(1) (definition of adjusted fringe benefits total )

Repeal the definition, substitute:

"adjusted fringe benefits total , of a taxpayer for a year of income, " has the meaning given by clause 4 of Schedule 3 to the A New Tax System (Family Assistance) Act 1999 .

3  Subsection 6(1) (definition of reportable fringe benefits total )

Repeal the definition.

Social Security Act 1991

4  Subpoint 1067G-F11(2)

Repeal the subpoint, substitute:

1067G-F11(2)  A parent's adjusted fringe benefits total for a tax year is the amount worked out using the formula:

where:

"other employer fringe benefits total " is the amount that is the sum of the following:

                     (a)  each of the parent's reportable fringe benefits amounts for the tax year under section 135P of the Fringe Benefits Tax Assessment Act 1986 ;

                     (b)  each of the parent's reportable fringe benefits amounts for the tax year under section 135Q of the Fringe Benefits Tax Assessment Act 1986 , to the extent that section relates to the parent's employment by an employer described in section 58 of that Act.

section 57A employer fringe benefits total is the amount that is the sum of each of the parent's individual quasi-fringe benefits amounts for the tax year under section 135Q of the Fringe Benefits Tax Assessment Act 1986 , to the extent that section relates to the parent's employment by an employer described in section 57A of that Act.

5  Application provisions

Family tax benefit

(1)       The amendments made by this Schedule apply in relation to working out the rate of family tax benefit under the A New Tax System (Family Assistance) Act 1999 for days on or after the commencement of this item.

Child care benefit

(2)       The amendments made by this Schedule apply in relation to working out the rate of child care benefit under the A New Tax System (Family Assistance) Act 1999 for days on or after the first Monday occurring on or after the commencement of this item.

Stillborn baby payment

(3)       The amendments made by this Schedule apply in relation to working out an individual's eligibility for stillborn baby payment under the A New Tax System (Family Assistance) Act 1999 for a child delivered on or after the commencement of this item.

Parental leave pay and dad and partner pay

(4)       The amendments made by this Schedule apply in relation to a claim for parental leave pay, or dad and partner pay, under the Paid Parental Leave Act 2010 for a child:

                     (a)  who is born on or after the commencement of this item; or

                     (b)  who becomes entrusted to the care of a person (as mentioned in subsection 275(2) of the Paid Parental Leave Act 2010 ) on or after the commencement of this item;

whether the claim was made before, on or after that commencement.

Youth allowance

(5)       The amendments made by this Schedule apply in relation to working out the rate of youth allowance under the Social Security Act 1991 for days on or after the commencement of this item.

Low income supplement

(6)       The amendments made by this Schedule do not apply in relation to working out a person's qualification for a low income supplement under Division 3 of Part 2.18A of the Social Security Act 1991 for the 2016-17 income year or an earlier income year.

Low income superannuation contribution

(7)       The amendments made by this Schedule do not apply in relation to working out whether a low income superannuation contribution in respect of a person is payable under Part 2A of the Superannuation (Government Co-contribution for Low Income Earners) Act 2003 for the 2016-17 income year or an earlier income year.

Rebate for medical expenses

(8)       The amendments made by this Schedule apply in relation to working out whether a taxpayer is entitled to a rebate of tax, and the amount of the rebate, under section 159P of the Income Tax Assessment Act 1936 in respect of a year of income beginning on or after the commencement of this item.

Rebate for low income aged persons and pensioners

(9)       The amendments made by this Schedule apply in relation to working out whether a taxpayer is entitled to a rebate of tax under section 160AAAA of the Income Tax Assessment Act 1936 in respect of a year of income beginning on or after the commencement of this item.

(10)     The amendments made by this Schedule apply in relation to working out whether a trustee is entitled to a rebate of tax under section 160AAAB of the Income Tax Assessment Act 1936 in respect of a year of income beginning on or after the commencement of this item.

Dependant (invalid and carer) tax offset

(11)     The amendments made by this Schedule apply in relation to working out whether an individual is entitled to a tax offset, and the amount of the offset, under section 61-10 of the Income Tax Assessment Act 1997 for an income year beginning on or after the commencement of this item.

Dependant (non-student child under 21 or student) notional tax offset

(12)     The amendments made by this Schedule apply in relation to working out the amount of an individual's notional tax offset under Subdivision 961-A of the Income Tax Assessment Act 1997 for an income year beginning on or after the commencement of this item.