Income Tax Assessment Act 1936
PART III
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LIABILITY TO TAXATION
Division 17
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Rebates
Subdivision B
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Miscellaneous
SECTION 160AAA
REBATE IN RESPECT OF CERTAIN BENEFITS ETC.
160AAA(1)
In this section:
(a) paid by way of a benefit under Part 2.11 , 2.11A , 2.12 , 2.15 , 2.23B or 3.15A of the Social Security Act 1991 ; or
(aa) paid by way of parenting payment that is PP (partnered) under the Social Security Act 1991 , to the extent that the amount is not exempt under Division 52 of the Income Tax Assessment Act 1997 ; or
(ab) paid from the Commonwealth by way of an ex-gratia payment to which subsection (2) applies; or
(b) consisting of a Commonwealth education or training payment (see subsection 6(1) ), except where the recipient, or the individual on whose behalf the recipient receives the payment, is an employee of any person who is entitled to a Commonwealth subsidy in respect of the employment; or
(c) paid as a wage to a participant in a project under the Community Development Employment Projects program from the wages component of a grant made under the program; or
(d) paid by way of Northern Territory CDEP transition payment under Part 2.27 of the Social Security Act 1991 ; or
(da) (Repealed by No 13 of 2014)
(db) (Repealed by No 97 of 2008 )
(e) paid by way of income support to farmers and small business owners affected by Cyclone Larry or Cyclone Monica; or
(f) known as an interim income support payment and paid under section 65 of the Public Governance, Performance and Accountability Act 2013 (which deals with act of grace payments by the Commonwealth); or
(g) known as the Equine Workers Hardship Wage Supplement Payment.
160AAA(2)
This subsection applies to an ex-gratia payment known as income support allowance for special category visa (subclass 444) holders if the payment is for a disaster: (a) occurring in Australia during the 2014-15 financial year or a later financial year; and (b) for which a determination under subsection 36A(1) of the Social Security Act 1991 has been made.
160AAA(3)
Subject to subsections (4) and (4A) , where the assessable income of a taxpayer of a year of income includes an amount of rebatable benefit, the taxpayer is entitled in the taxpayer ' s assessment in respect of income of the year of income to a rebate of tax of an amount (if any) ascertained in accordance with the regulations.
160AAA(4)
Where, apart from this subsection, the taxpayer would be entitled in his or her assessment in respect of income of a year of income to a rebate of tax under both section 160AAAA (Tax rebate for low income aged persons and pensioners) and this section: (a) if the amounts of the rebates are the same - the taxpayer is entitled to only one of the rebates; and (b) if the amounts of the rebates are not the same - the taxpayer is not entitled to the lesser of the rebates.
160AAA(4A)
If, apart from this subsection: (a) the taxpayer would be entitled in his or her assessment in respect of income of a year of income to a rebate of tax under this section; and (b) the taxpayer is the beneficiary of a trust; and (c) the trustee of the trust is entitled to a rebate of tax for the year of income under section 160AAAB in respect of the taxpayer;
160AAA(5)
Regulations made for the purposes of this section may be expressed to apply in relation to a year of income any part of which occurred before the notification of the regulations.
In this section:
rebatable benefit
means an amount:
(a) paid by way of a benefit under Part 2.11 , 2.11A , 2.12 , 2.15 , 2.23B or 3.15A of the Social Security Act 1991 ; or
(aa) paid by way of parenting payment that is PP (partnered) under the Social Security Act 1991 , to the extent that the amount is not exempt under Division 52 of the Income Tax Assessment Act 1997 ; or
(ab) paid from the Commonwealth by way of an ex-gratia payment to which subsection (2) applies; or
(b) consisting of a Commonwealth education or training payment (see subsection 6(1) ), except where the recipient, or the individual on whose behalf the recipient receives the payment, is an employee of any person who is entitled to a Commonwealth subsidy in respect of the employment; or
(c) paid as a wage to a participant in a project under the Community Development Employment Projects program from the wages component of a grant made under the program; or
(d) paid by way of Northern Territory CDEP transition payment under Part 2.27 of the Social Security Act 1991 ; or
(da) (Repealed by No 13 of 2014)
(db) (Repealed by No 97 of 2008 )
(e) paid by way of income support to farmers and small business owners affected by Cyclone Larry or Cyclone Monica; or
(f) known as an interim income support payment and paid under section 65 of the Public Governance, Performance and Accountability Act 2013 (which deals with act of grace payments by the Commonwealth); or
(g) known as the Equine Workers Hardship Wage Supplement Payment.
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rebatable pension
(Repealed by No 159 of 2011)
160AAA(2)
This subsection applies to an ex-gratia payment known as income support allowance for special category visa (subclass 444) holders if the payment is for a disaster: (a) occurring in Australia during the 2014-15 financial year or a later financial year; and (b) for which a determination under subsection 36A(1) of the Social Security Act 1991 has been made.
160AAA(3)
Subject to subsections (4) and (4A) , where the assessable income of a taxpayer of a year of income includes an amount of rebatable benefit, the taxpayer is entitled in the taxpayer ' s assessment in respect of income of the year of income to a rebate of tax of an amount (if any) ascertained in accordance with the regulations.
160AAA(4)
Where, apart from this subsection, the taxpayer would be entitled in his or her assessment in respect of income of a year of income to a rebate of tax under both section 160AAAA (Tax rebate for low income aged persons and pensioners) and this section: (a) if the amounts of the rebates are the same - the taxpayer is entitled to only one of the rebates; and (b) if the amounts of the rebates are not the same - the taxpayer is not entitled to the lesser of the rebates.
160AAA(4A)
If, apart from this subsection: (a) the taxpayer would be entitled in his or her assessment in respect of income of a year of income to a rebate of tax under this section; and (b) the taxpayer is the beneficiary of a trust; and (c) the trustee of the trust is entitled to a rebate of tax for the year of income under section 160AAAB in respect of the taxpayer;
then:
(d) if the amounts of the rebates are the same, or the amount of the rebate under this section is the lesser amount - the taxpayer is not entitled to the rebate under this section; or (e) if the amount of the rebate under this section is the greater amount - the trustee is not entitled to the rebate under section 160AAAB .160AAA(5)
Regulations made for the purposes of this section may be expressed to apply in relation to a year of income any part of which occurred before the notification of the regulations.
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