Income Tax Assessment Act 1997

Pt 2-20 inserted by No 56 of 1997.

Div 61 inserted by No 56 of 1997.

Subdiv 61-I repealed by No 49 of 2019, s 3 and Sch 4 item 76, effective 1 July 2019.

Subdivision 61-I inserted by No 32 of 2002.

S 61-385 repealed by No 49 of 2019, s 3 and Sch 4 item 76, effective 1 July 2019. S 61-385 formerly read:

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.

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S 61-385(1) amended by No 23 of 2005.

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.

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S 61-385(1A) inserted by No 23 of 2005.

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.

S 61-385 inserted by No 32 of 2002.