Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1936 - SECT 79B

  (1)   Subject to this section, a taxpayer who, during the year of income, serves as a member of the Defence Force at an overseas locality is entitled, in his or her assessment in respect of income of the year of income, to a rebate of tax ascertained in accordance with this section.

  (1A)   A taxpayer is not entitled to a rebate under this section in relation to service:

  (a)   as or under an attaché at an Australian Embassy or Legation in an overseas locality at a time as at which that locality was, or is deemed to have been, a specified locality for the purposes of this subsection; or

  (b)   with the South - East Asia Treaty Organization Military Planning Office.

  (1B)   Where the Chief of the Defence Force or a person authorized by the Chief of the Defence Force to give certificates under this subsection certifies, and the Minister is satisfied, that any service of a taxpayer in any locality was or will be performed in circumstances similar to those in which any service referred to in subsection   (1A) is performed, the taxpayer is not entitled to a rebate under this section in relation to that service.

  (2)   Subject to the succeeding provisions of this section, the rebate allowable under this section in the assessment of a taxpayer in respect of income of the year of income is:

  (a)   where the total period of service of the taxpayer at overseas localities during the year of income is more than one - half of the year of income, or where the taxpayer dies at an overseas locality during the year of income--an amount equal to the sum of:

  (i)   $338; and

  (ii)   an amount equal to 50% of the concessional rebate amount; or

  (b)   in any other case--such amount as, in the opinion of the Commissioner, is reasonable in the circumstances, being an amount not greater than the amount of the rebate to which the taxpayer would have been entitled under this section if paragraph   (a) had applied to him or her in respect of the year of income.

  (3)   For the purposes of subsection   (2), the total periods of service of the taxpayer in any year of income at overseas localities shall be deemed to include any period of service of the taxpayer as a member of the Defence Force in that year of income in the prescribed area.

  (3A)   For the purposes of subsection   (2), the total periods of service of the taxpayer in any year of income at overseas localities shall be deemed not to include any period of service of the taxpayer in respect of which an exemption from income tax applies under section   23AD or 23AG.

  (4)   The aggregate of the rebates allowable under this section and section   23AB or under this section and section   79A in the assessment of a taxpayer in respect of income of a year of income shall not exceed an amount equal to the sum of:

  (a)   $338; and

  (b)   an amount equal to 50% of the concessional rebate amount.

  (4A)   Where:

  (a)   but for subsection   (4) and this subsection, a rebate would be allowable under this section and a rebate would be allowable under section   79A in the assessment of a taxpayer in respect of income of a year of income; and

  (b)   the rebate allowable under section   79A exceeds an amount equal to the sum of:

  (i)   $338; and

  (ii)   an amount equal to 50% of the concessional rebate amount;

the taxpayer is not entitled to a rebate under this section in that assessment and subsection   (4) does not apply in relation to that assessment.

  (5)   For the purposes of this section the Minister may, by writing signed by the Minister and deposited with the Commissioner, declare that a locality outside Australia specified in the declaration shall:

  (a)   by reason of the uncongenial nature of service in that locality and the isolation of the locality, be, or be deemed to have been, as from a date, or during a period, (whether before or after the date of the declaration) specified in the declaration, a locality in relation to which this section applies; or

  (b)   as from a date (whether before or after the date of the declaration) specified in the declaration, cease, or be deemed to have ceased, to be such a locality;

and this section shall apply, or be deemed to have applied, and shall cease to apply, or be deemed to have ceased to apply, in relation to any such locality accordingly.

  (5A)   The Minister may, by writing signed by the Minister and deposited with the Commissioner, declare that an overseas locality specified in the declaration shall become, or be deemed to have become, on a specified date, or shall cease, or be deemed to have ceased, on a specified date, to be, a specified locality for the purposes of subsection   (1A).

  (5B)   Nothing in section   170 prevents the amendment of an assessment at any time for the purpose of allowing a rebate to which the taxpayer has become entitled under this section after the making of the assessment.

  (6)   For the purpose of this section:

"concessional rebate amount" , in relation to a taxpayer in relation to a year of income, means the sum of the following rebates (if any):

  (a)   any tax offset to which the taxpayer is entitled under Subdivision   61 - A of the Income Tax Assessment Act 1997 ;

  (b)   any notional tax offset to which the taxpayer is entitled under Subdivision   961 - A of the Income Tax Assessment Act 1997 ;

  (c)   any notional tax offset to which the taxpayer is entitled under Subdivision   961 - B of the Income Tax Assessment Act 1997 .

"locality" means an area of land or waters or an area of land and waters.

"overseas locality" means, in relation to service during any period or death at any time, a locality in relation to which, during that period or at that time, this section applies or is deemed to have applied; and

"the prescribed area" has the same meaning as that expression has in section   79A.