A New Tax System (Family Assistance) Act 1999

Schedules

Schedule 3 - Adjusted taxable income  

3A  

3A   Working out adjusted taxable income in certain cases where individuals cease to be members of a couple  

If:

(a)    an individual is a member of a couple with another individual ( partner A ) for a period or periods during an income year but not at the end of the income year; and

(b)    

for any period during the income year while the individual was a member of that couple, the Secretary had determined the individual ' s entitlement to family assistance by way of family tax benefit or child care subsidy on the basis that a particular amount was the individual ' s adjusted taxable income (the current ATI amount ); and

(c)    that amount differs from the amount of the individual ' s adjusted taxable income as finally determined in respect of the income year by the Secretary (the final ATI amount ); and

(d)    the individual ' s entitlement to family assistance of that kind, for the total period, or for the total of the periods, that the individual was a member of that couple, would be less if worked out using the final ATI amount than if worked out using the current ATI amount as determined from time to time; and

(e)    if the current ATI amount at any time was based on an estimate provided by the individual and is less than the final ATI amount:

(i) at the time when the estimate was provided - the individual did not know, and had no reason to suspect, that the estimate was incorrect; and

(ii) if, after the estimate was provided and before ceasing to be a member of the couple, the individual knew or had reason to suspect that the estimate was incorrect - the individual provided a revised estimate as soon as practicable after knowing or suspecting that the estimate was incorrect;

then, despite the final determination of that adjusted taxable income by the Secretary, the individual ' s adjusted taxable income during any period during the income year:

(f)    that the individual and partner A were a couple; and

(g)    that a particular current ATI amount applied;

is to be taken to be that particular current ATI amount.