INCOME TAX ASSESSMENT ACT 1997

CHAPTER 2 - LIABILITY RULES OF GENERAL APPLICATION  

PART 2-20 - TAX OFFSETS  

Division 61 - Generally applicable tax offsets  

Subdivision 61-G - Private health insurance offset complementary to Part 2-2 of the Private Health Insurance Act 2007  

Operative provisions

SECTION 61-215   Reallocation of the private health insurance tax offset between spouses  

61-215(1)  
You can make a choice under this section in relation to the income year if:


(a) you are a *PHIIB in respect of the premium or amount; and


(b) on the last day of the income year, you are married (within the meaning of the A New Tax System (Medicare Levy Surcharge - Fringe Benefits) Act 1999 ; and


(c) the individual to whom you are married is also a PHIIB in respect of the premium or amount; and


(d) the individual to whom you are married has not made a choice under this section in relation to the income year.

Note:

If you make a choice under this section, you might be liable to pay an amount under section 282-18 of the Private Health Insurance Act 2007 (Liability for excess private health insurance premium reduction or refund).

61-215(2)  
If you make a choice under this section in relation to the income year:


(a) the amount (if any) of the *tax offset for the income year under section 61-205 in respect of the premium or amount of the individual to whom you are married is reduced to nil; and


(b) your tax offset for the income year under that section in respect of the premium or amount is increased by that amount.

61-215(3)  
A choice under this section in relation to the income year can only be made in your *income tax return for the income year.

61-215(4)  
A choice under this section in relation to an income year has effect for all premiums, or amounts in respect of premiums, paid during the income year.


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