House of Representatives

Tax and Superannuation Laws Amendment (2014 Measures No. 2) Bill 2014

Explanatory Memorandum

(Circulated by the authority of the Treasurer, the Hon J. B. Hockey MP)

These figures also apply to taxpayers who are entitled to a tax offset in respect of a child-housekeeper or housekeeper, or who would have been entitled to a sole-parent rebate (had the sole parent rebate not been repealed with effect from 1 July 2000).

Where there are more than six dependent children and/or students, add $3,156 for each extra child or student.

See note 2.

Where there are more than six dependent children and/or students, add the appropriate amount of the child and/or student component of the upper phase-in limit for each extra child or student.

See note 4.

United Nations Committee on Economic, Social and Cultural Rights, General Comment No 14, paragraph 8.

See note 6.

An announcement will have been 'on foot' between the time it was originally announced by a previous government and 14 December 2013, when the Government confirmed that the announced proposal to change the law would no longer proceed.

Section 166A of the ITAA 1936.

Section 169A of the ITAA 1936.

In any case where a taxpayer anticipates an unfavourable outcome of a listed announcement, the taxpayer may seek an amendment of their assessment, and the Commissioner may make an amended assessment subject to any limitations in section 170 of the ITAA 1936.

The Government indicated its intention to proceed with 21 of these 37 measures in the 6 November 2013 Joint Media Release of the Treasurer and the then Assistant Treasurer. The Government indicated its intention to proceed with the remaining 16 measures considered in the consultation process, including the measure to limit the scope of the integrity rule in the debt-equity provisions and the CGT earn out and instalment warrant measures, in the then Assistant Treasurer's 14 December 2013 Media Release, 'Integrity restored to the Australian tax system'.

Bropho v Human Rights & Equal Opportunity Commission [2004] FCAFC 16 at paragraph 93 per French J.

In both of these examples, it is not expected that the statement made by or on behalf of the taxpayer will be consistent with amendments having been made that would reasonably reflect a listed announcement.

Again, it is not expected that the statement made by or on behalf of the taxpayer will be consistent with amendments having been made that would reasonably reflect a listed announcement

McAndrew v Commissioner of Taxation [1956] HCA 62.


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