Taxation Laws Amendment Act (No. 3) 1994 (138 of 1994)

Part 2   AMENDMENT OF THE INCOME TAX ASSESSMENT ACT 1936

Division 5   Amendments relating to home child care allowance and dependant rebate

59   Uplifted provisional tax amount

Section 221YCAA of the Principal Act is amended:

(a) by inserting "or, if the amendments made by Division 5 of Part 2 of the Taxation Laws Amendment Act (No. 3) 1994 had not been made, would have been" before "entitled" in subparagraph (n)(i) of the definition of "Qualifying reductions" in subsection (2);
              

(b) by inserting "(other than in respect of a spouse of the taxpayer)" after "section 159J" in paragraph (p) of the definition of "Qualifying reductions" in subsection (2);
              

(c) by inserting after paragraph (p) of the definition of "Qualifying reductions" in subsection (2) the following paragraph:
              

"(pa) where the taxpayer was entitled to a rebate, in the taxpayer's assessment in respect of income of the preceding year of income, under section 159J in respect of a spouse of the taxpayer:

(i) if the preceding year of income was the 1993-94 year of income and subsection 159J(1B) applied in relation to the rebate-25%; or

(ii) if the preceding year of income was the 1993-94 year of income and subsection 159J(1B) did not apply in relation to the rebate-100%; or

(iii) if the preceding year of income is the 1994-95 year of income, or any later year of income, and subsection 159J(1C) did not apply in relation to the rebate-100%;

of the amount that would have been the amount of that rebate if increases in the amounts of rebates arising out of the operation of section 159HA in relation to the current year of income had been in force and had applied to assessments in respect of the preceding year of income; and".