Family Assistance Legislation Amendment (Extension of Time Limits) Act 2004 (33 of 2004)
Schedule 1 Extension of time limits relating to family tax benefit and child care benefit
Part 1 Amendment of the A New Tax System (Family Assistance) (Administration) Act 1999
2 Subsection 28(3)
Repeal the subsection, substitute:
Consequence where income tax returns are later lodged
(3) If:
(a) after the Secretary varies the determination under subsection (2), an assessment is made under theIncome Tax Assessment Act 1936 for the cancellation income year for everyone (the taxpayers involved ):
(i) who was required to lodge an income tax return as mentioned in subparagraph (1)(b)(iii); and
(ii) in respect of whom an assessment had not been made before the determination was varied; and
(b) the Secretary is satisfied that the claimant was eligible for an amount (the recalculated amount ) of family tax benefit for the cancellation days;
the Secretary must again vary the determination so that it has the effect that, for the cancellation days, the claimant is entitled to be paid:
(c) if income tax returns for the cancellation year for the taxpayers involved were lodged with the Commissioner of Taxation during the income year that began 2 years after the beginning of the cancellation income year - the recalculated amount; or
(d) in any other case - the lesser of:
(i) the recalculated amount; and
(ii) the amount that the claimant was entitled to be paid before the variation under subsection (2) was made.
Copyright notice
© Australian Taxation Office for the Commonwealth of Australia
You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).