ATO Interpretative Decision

ATO ID 2002/704 (Withdrawn)

Income Tax

Savings Bonus for Older Australians - Late claim
FOI status: may be released

This ATO ID is withdrawn from the database because it contains a view in respect of a provision of the part 4 of the A New Tax System (Bonuses for Older Australians) Act 1999 that doesn't apply after the [2000-2001] income year. Despite its withdrawal from the database, this ATO ID continues to be a precedential view in respect of decisions for income years up to, and including, the [2000-2001] income year.

This document incorporates revisions made since original publication. View its history and amending notices, if applicable.

Status of this decision: Decision Withdrawn 30 April 2010

CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision.

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you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed.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

Can a taxpayer make a late claim for the Savings Bonus for Older Australians (SBOA) under Part 4 of the A New Tax System (Bonuses for Older Australians) Act 1999 (BOA Act)?

Decision

No. A taxpayer cannot make a late claim for the SBOA under Part 4 of the BOA Act as it will not be considered to be a 'proper claim' under section 37 of the BOA Act.

Facts

The taxpayer lodged their claim for the SBOA on or after 1 July 2001.

Reasons for Decision

In order to be eligible for the SBOA, a taxpayer is required to submit a 'proper claim'. A 'proper claim' is defined in section 37 of the BOA Act and consists of several tests. Paragraph 37(2)(b) of the BOA Act provides that a claim is a 'proper claim' if it is made after 30 June 2000 and before 1 July 2001.

The taxpayer lodged their claim for the SBOA on or after 1 July 2001. As the taxpayer has not met one of the tests, a 'proper claim' has not been made and the taxpayer is therefore not eligible for the SBOA.

There is no provision in the BOA Act or any other legislation under which an extension of time to lodge a 'proper claim' may be granted. The taxpayer is therefore unable to make a late claim for the SBOA under Part 4 of the BOA Act.

Date of decision: 15 February 2002

Year of income: Year ended 30 June 1999 Year ended 30 June 2000

Legislative References:
A New Tax System (Bonuses for Older Australians) Act 1999
   Part 4
   section 37
   paragraph 37(2)(b)

Keywords
Aged persons savings bonus
Bonuses for older Australians

Business Line: Small Business/Individual Taxpayers

Date of publication: 24 July 2002

ISSN: 1445-2782

history

	Date:	Version:
	15 February 2002	Original statement
You are here →	30 April 2010	Archived

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