Chapter 4
-
Repayment of loans
PART 4-2
-
DISCHARGE OF INDEBTEDNESS
Division 154
-
How is indebtedness compulsorily discharged?
Subdivision 154-A
-
Liability to repay amounts
SECTION 154-5
Repayment income
154-5(1)
A person
'
s
repayment income
for an *income year is an amount equal to the sum of:
(a)
the person
'
s *taxable income for the income year, disregarding the person
'
s assessable FHSS released amount (within the meaning of the
Income Tax Assessment Act 1997
) for the income year; and
(b)
the person
'
s total net investment loss (within the meaning of the
Income Tax Assessment Act 1997
) for the income year; and
(c)
if the person:
(i)
is an employee (within the meaning of the
Fringe Benefits Tax Assessment Act 1986
); and
(ii)
has a reportable fringe benefits total (within the meaning of that Act) for the income year;
the reportable fringe benefits total for the income year; and
(d)
the person
'
s *exempt foreign income for the income year; and
(e)
the person
'
s reportable superannuation contributions (within the meaning of the
Income Tax Assessment Act 1997
) for the income year.
History
S 154-5(1) amended by No 132 of 2017, s 3 and Sch 1 item 25, by inserting
"
, disregarding the person
'
s assessable FHSS released amount (within the meaning of the
Income Tax Assessment Act 1997
) for the income year
"
in para (a), effective 1 July 2018.
S 154-5(1) amended by No 27 of 2009, s 3 and Sch 3 items 36 and 37, by substituting para (b) and substituting paras (d) and (e) for para (d), applicable in relation to income years starting on or after 1 July 2009. Paras (b) and (d) formerly read:
(b)
if a person has a *rental property loss for the income year
-
the amount of that rental property loss; and
(d)
if the person has *exempt foreign income for the income year
-
the amount of that exempt foreign income.
154-5(2)
(Repealed by No 27 of 2009)
History
S 154-5(2) repealed by No 27 of 2009, s 3 and Sch 3 item 38, applicable in relation to income years starting on or after 1 July 2009. S 154-5(2) formerly read:
154-5(2)
The person
'
s
rental property loss
is the amount (if any) by which the amount of the person
'
s allowable deductions under the
Income Tax Assessment Act 1997
in respect of rental property in Australia exceeds the person
'
s gross rental property income.
154-5(3)
(Repealed by No 27 of 2009)
History
S 154-5(3) repealed by No 27 of 2009, s 3 and Sch 3 item 38, applicable in relation to income years starting on or after 1 July 2009. S 154-5(3) formerly read:
154-5(3)
For the purposes of subsection (2), disregard any rental property income that the person derives as a member of a partnership.
154-5(4)
The person
'
s
exempt foreign income
is the total amount (if any) by which the person
'
s income that is exempt from tax under section
23AF
or
23AG
of the
Income Tax Assessment Act 1936
exceeds the total amount of losses and outgoings that the person incurs in deriving that exempt income.
154-5(5)
For the purposes of subsection (4), disregard any capital losses and outgoings.