ATO Interpretative Decision
ATO ID 2003/53 (Withdrawn)
Income Tax
Senior Australians Tax Offset - taxpayer's age less than 65FOI 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you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed.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 male taxpayer, who will be less than 65 years old at the end of the income year, eligible for the Senior Australians Tax Offset (SATO) under section 160AAAA of the Income Tax Assessment Act 1936 (ITAA 1936)?
Decision
No. The taxpayer, who will be less than 65 years old at the end of the income year, is not eligible for the SATO under section 160AAAA of the ITAA 1936.
Facts
The taxpayer is male, and will turn 65 after the end of the income year. The taxpayer is not a veteran in receipt of a Department of Veterans Affairs (DVA) pension.
Reasons for Decision
To qualify for a SATO a taxpayer must satisfy certain age, residency and income conditions set out in section 160AAAA of the ITAA 1936.
The age condition, contained in subsection 160AAAA(2) of the ITAA 1936, is based on the taxpayer's age at the end of the income year, and varies depending on the taxpayer's gender and whether they are a veteran in receipt of a DVA pension.
The general age limit for males is 65 years or more, and for males in receipt of a DVA pension is 60 years or more.
The taxpayer will turn 65 after the income year. Accordingly he does not satisfy the age condition and so will not be entitled to the SATO for that income year.
Date of decision: 30 July 2001
Legislative References:
Income Tax Assessment Act 1936
section 160AAAA
subsection 160AAAA(2)
Keywords
Rebates
Tax Free Threshold
ISSN: 1445-2782
| Date: | Version: | |
| 30 July 2001 | Original statement | |
| You are here | 26 August 2005 | Archived |