ATO Interpretative Decision
ATO ID 2002/342 (Withdrawn)
Income Tax
Dependent spouse (with child) tax offset and Family Tax BenefitsFOI status: may be released
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This ATO ID is a straight application of the law and does not contain an interpretative decision.This document incorporates revisions made since original publication. View its history and amending notices, if applicable.
This ATOID provides you with the following level of protection:
If you reasonably apply this decision in good faith to your own circumstances (which are not materially different from those described in the decision), and the decision is later found to be incorrect you will not be liable to pay any penalty or interest. However, you will be required to pay any underpaid tax (or repay any over-claimed credit, grant or benefit), provided the time limits under the law allow it. If you do intend to apply this decision to your own circumstances, you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed. You may wish to obtain further advice from the Tax Office or from a professional adviser.
Issue
Is a taxpayer entitled to a dependent spouse (with child) tax offset after 1 July 2000 under section 159J of the Income Tax Assessment Act 1936 (ITAA 1936) when they are in receipt of family tax benefits at the Part B rate?
Decision
No. A taxpayer is not entitled to a dependent spouse (with child) tax offset after 1 July 2000 under section 159J of the ITAA 1936 when they are in receipt of family tax benefits at the Part B rate.
Facts
The taxpayer supported his spouse and child for part of the income year.
The taxpayer received Part A and Part B family tax benefit payments from Medicare offices throughout the income year.
Reasons for Decision
Subsection 159J(1) of the ITAA 1936 provides that a tax offset is available to a taxpayer where that taxpayer contributes to the maintenance of an Australian resident dependant.
However, subsection 159J(1AA) of the ITAA 1936 removes this entitlement where the taxpayer, or taxpayer's spouse was entitled to the family tax benefit at the Part B rate within the meaning of the A New Tax System (Family Assistance) Act 1999.
The taxpayer has received family tax benefit payments at the Part B rate from Medicare. Therefore, subsection 159J(1AA) of the ITAA 1936 operates to remove the taxpayer's entitlement to the dependant spouse (with child) tax offset under section 159J.
Date of decision: 01 February 2002
Legislative References:
Income Tax Assessment Act 1936
section 159J
subsection 159J(1)
subsection 159J(1AA)
The Act
Keywords
Dependants
Spouse rebates
Family tax assistance
ISSN: 1445-2782
| Date: | Version: | |
| 1 February 2002 | Original statement | |
| You are here | 28 October 2005 | Archived |