This election allows approved participants of NRAS consortiums to relinquish their entitlement to the NRAS tax offset in favour of certain other members of their consortium where the member did not directly derive NRAS rent. For an example of when this can occur, refer to ATO ID 2009/146.
Who can make this election?
You are eligible to make this election if the following applies:
- you are the approved participant (within the meaning of the regulations made for the purposes of the National Rental Affordability Scheme Act 2008) of a National Rental Affordability Scheme (NRAS) consortium (or you were the approved participant at any time during the NRAS year)
- you were issued a certificate which entitles you to the NRAS tax offset
- you want to make an election to relinquish your entitlement to the NRAS tax offset to a member of the consortium.
What should you do with this election?
You must give a copy of the election to the member of the NRAS consortium who will be entitled to an NRAS tax offset as a result of the election. You must keep a copy of the completed election and make it available if we request it. Do not send your completed election to us.
When should you make this election?
The election must be made within 30 days after the day the Housing Secretary issues an NRAS certificate to the NRAS approved participant in relation to each NRAS year.
If the Housing Secretary issues an amended NRAS certificate for the NRAS dwelling for the income year to the NRAS approved participant, the election must be made 30 days after this day.
How much of the entitlement can you relinquish?
You can only pass on an amount of your NRAS tax offset entitlement equal to the proportion of the total NRAS rent derived from an NRAS dwelling for the income year belonging to the member. That amount would be equal to the member's rent proportion of the total rent.
Can you change the election after it is made?
Once an election is made it cannot be revoked.
The legislation says you have to make this election in an 'approved form'. What is an approved form?
In general, a document can be considered to be an approved form if it contains information that the Commissioner requires.
For more information about approved forms, refer to Approved forms - overview.
What will be considered an approved form for the purposes of making this election?
There is no specific approved form that we have published for the purposes of making this election. However, an election will be considered to be made in the 'approved form' as long as the election records contain the following details:
- name of the approved applicant who is making the election (the electing member)
- name of the members to whom the NRAS entitlement is being transferred
- mailing address for the member
- date of birth
- NRAS dwelling ID
- NRAS dwelling address
- amount of entitlement
- relevant NRAS year
- date election was made
- declaration that is signed by the approved participant.
Ensure you provide a copy of the completed election to the member of the NRAS consortium who will be entitled to the NRAS tax offset as a result of the election. Once the election is made it cannot be revoked.
Last Modified: Friday, 28 September 2012