INCOME TAX ASSESSMENT ACT 1936

PART III - LIABILITY TO TAXATION  

Division 17 - Rebates  

Subdivision AB - Lump sum payments in arrears  

SECTION 159ZR   INTERPRETATION  

159ZR(1)  


In this Subdivision, unless the contrary intention appears:

accrual year
, in relation to the total arrears amount, means a year of income in which any part of the total arrears amount accrued;

annual arrears amount
, in relation to an accrual year, means so much of the total arrears amount as accrued in that year;

associate
has the same meaning as in section 318 ;

BSWAT payment amount
means a payment amount paid to a person under the Business Services Wage Assessment Tool Payment Scheme Act 2015 .

current year
means the year of income for which the rebate is being calculated;

distant accrual year
means an accrual year that is not a recent accrual year;

eligible income
means:


(a) salary or wages to the extent to which they accrued during a period ending more than 12 months before the date on which they are paid;


(b) salary or wages paid to a person after re-instatement to duty following a period of suspension of the person from duty, to the extent to which the salary or wages accrued during the period of suspension;


(c) a payment covered by section 12-80 or 12-120 in Schedule 1 to the Taxation Administration Act 1953 ;


(d) a Commonwealth education or training payment (see subsection 6(1) );


(e) a payment that is covered by Division 52 , 53 or 55 of the Income Tax Assessment Act 1997 , but that is not exempt from income tax under that Division;


(f) a payment under a law of a foreign country that is similar to a payment covered by paragraph (e);

but does not include so much of any such amount as was taken into account in calculating the amount of a tax reimbursement payment by the Commonwealth that was authorised under section 65 of the Public Governance, Performance and Accountability Act 2013 (which deals with act of grace payments by the Commonwealth);

eligible lump sum
, in relation to a year of income, means a lump sum payment of eligible income received on or after 1 July 1986 that is included in the assessable income of the year of income and accrued, in whole or in part, in an earlier year or years of income;

gross tax
means the tax payable before the allowance of any rebates or credits;

law of a foreign country
includes a law of any part of, or place in, a foreign country;

normal taxable income
is the amount that would be the taxable income if:


(a) no amount were included in assessable income under Division 82 , section 83-10 or 83-80 or Division 301 or 302 of the Income Tax Assessment Act 1997 or Division 82 of the Income Tax (Transitional Provisions) Act 1997 ; and


(b) the taxable income were reduced by any above-average special professional income included in the taxable income under section 405-15 of the Income Tax Assessment Act 1997 ; and


(c) no amount were included in assessable income under section 102-5 of the Income Tax Assessment Act 1997 (about including net capital gains in assessable income);

notional tax amount
has the meaning given by sections 159ZRC and 159ZRD ;

rebated tax
means the tax payable after the allowance of any tax offset under Division 82 , 83 , 301 or 302 of the Income Tax Assessment Act 1997 , subsection 392-35(2) of that Act (which allows some primary producers tax offsets) or Division 82 of the Income Tax (Transitional Provisions) Act 1997 , but before the allowance of any other tax offsets or any credits.

rebate year
means a year of income for which the conditions in paragraphs 159ZRA(1)(a) and (b) are satisfied;

recent accrual year
, in relation to the total arrears amount, means:


(a) if there are 3 or more accrual years for the total arrears amount - the most recent 2 of those years; or


(b) in any other case - the accrual year, or each of the accrual years, for the total arrears amount;

salary or wages
means payments covered by sections 12-35 , 12-40 (except payments of remuneration to a director of the company who is also an associate of the company), 12-45 , 12-80 , 12-110 , 12-115 and 12-120 in Schedule 1 to the Taxation Administration Act 1953 .

total arrears amount
, in relation to a year of income, means the aggregate of the eligible lump sums included in the assessable income of the year of income to the extent to which those eligible lump sums accrued in an earlier year or years of income.

159ZR(2)  


This Subdivision applies in relation to a BSWAT payment amount as if:


(a) the BSWAT payment amount were an eligible lump sum accrued wholly in an earlier year or years of income; and


(b) the wages by reference to which the BSWAT payment amount was worked out were eligible income accrued in the year of income to which the wages relate.

159ZR(3)  


(Omitted by No 216 of 1991)

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