Tax Laws Amendment (2009 Measures No. 1) Act 2009 (27 of 2009)

Schedule 3   Reforms to income tests

Part 3   Amendment of income tests

Income Tax Assessment Act 1936

41   Subsection 160AAAA(4)

Repeal the subsection, substitute:

(4) If the taxpayer is the spouse of another person, the amount applicable to the taxpayer under subsection (3) is half of the sum of:

(a) the taxpayer’s rebate income for the year of income; and

(b) the taxpayer’s spouse’s rebate income for the year of income (reduced by any amount included in the spouse’s assessable income under section 100); and

(c) any share of the net income of a trust estate to which the taxpayer’s spouse is presently entitled and that is assessed under section 98.