Tax Laws Amendment (2009 Measures No. 1) Act 2009 (27 of 2009)
Schedule 3 Reforms to income tests
Part 3 Amendment of income tests
Income Tax Assessment Act 1936
41 Subsection 160AAAA(4)
Repeal the subsection, substitute:
(4) If the taxpayer is the spouse of another person, the amount applicable to the taxpayer under subsection (3) is half of the sum of:
(a) the taxpayers rebate income for the year of income; and
(b) the taxpayers spouses rebate income for the year of income (reduced by any amount included in the spouses assessable income under section 100); and
(c) any share of the net income of a trust estate to which the taxpayers spouse is presently entitled and that is assessed under section 98.