INCOME TAX ASSESSMENT ACT 1997

CHAPTER 2 - LIABILITY RULES OF GENERAL APPLICATION  

PART 2-15 - NON-ASSESSABLE INCOME  

Division 51 - Exempt amounts  

SECTION 51-50   Maintenance payments to a spouse or child  

51-50(1)  
This section sets out the conditions on which a periodic payment, in the nature of maintenance, that:


(a) is made by an individual (the maintenance payer ); or


(b) is attributable to a payment made by an individual (also the maintenance payer );

is exempt from income tax under item 5.1 of the table in section 51-30.

51-50(2)  
The maintenance payment is exempt from income tax only if it is made:


(a) to an individual who is or has been the maintenance payer's *spouse; or


(b) to or for the benefit of an individual who is or has been:


(i) a *child of the maintenance payer; or

(ii) a child who is or has been a child of an individual who is or has been a *spouse of the maintenance payer.

51-50(3)  
The maintenance payment is not exempt if, in order to make it or a payment to which it is attributable, the maintenance payer:


(a) divested any income-producing assets; or


(b) diverted *ordinary income or *statutory income upon which the maintenance payer would otherwise have been liable to income tax.


View surrounding sectionsView surrounding sectionsBack to top


This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.