Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 61.20

Exceeding the income limit for family tax benefit (Part B)

  (1)   Despite section   61 - 10, you are not entitled to a * tax offset for an income year if the sum of:

  (a)   your * adjusted taxable income for offsets for the year; and

  (b)   if you had a * spouse for the whole or part of the year, and your spouse was not the other individual referred to in subsection   61 - 10(1)--the spouse's adjusted taxable income for offsets for the year;

is more than the amount specified in subclause   28B(1) of Schedule   1 to the A New Tax System (Family Assistance) Act 1999 , as indexed under Part   2 of Schedule   4 to that Act.

  (2)   However, if you had a * spouse for only part of the year, the spouse's * adjusted taxable income for offsets for the year is taken, for the purposes of paragraph   (1)(b), to be this amount:

Start formula Spouse's adjusted taxable income for offsets times start fraction Number of days on which you had a spouse during the year over Number of days in the year end fraction end formula

  (3)   If you had a different * spouse during different parts of the year, include the * adjusted taxable income for offsets of each spouse under paragraph   (1)(b) and subsection   (2).


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