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-I - First child tax offset (baby bonus)  

Transferring an entitlement

SECTION 61-385   You may transfer your entitlement to a tax offset  

61-385(1)  


If you are entitled to a *tax offset for a child for an income year under section 61-355 or 61-440 , you may transfer that entitlement to another person.

61-385(1A)  


However, if you are entitled to a *tax offset for a child for a particular income year under both of sections 61-355 and 61-440 , you may only transfer one of those entitlements to another person if you also transfer the other entitlement to the same person.

61-385(2)  
A transfer has effect only if:


(a) the transferee was your *spouse at all times when you had a *primary entitlement for the child for the income year; and


(b) the transferee does not have a primary entitlement for that, or another, child for any time during the income year; and


(c) you have not already claimed the *tax offset for the income year; and


(d) you make the transfer after the end of the income year; and


(e) the transfer is in the *approved form.


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