CHAPTER 3
-
SPECIALIST LIABILITY RULES
PART 3-45
-
RULES FOR PARTICULAR INDUSTRIES AND OCCUPATIONS
Division 392
-
Long-term averaging of primary producers
'
tax liability
History
Div 392 inserted by No 46 of 1998.
Subdivision 392-A
-
Is your income tax affected by averaging?
SECTION 392-15
Meaning of
basic taxable income
392-15(1)
Work out your
basic taxable income
for an income year as follows:
Method statement
Step 1.
Work out what would have been your taxable income for the income year if your assessable income for the income year:
(a) had
not
included any amount under section
82-65
,
82-70
or
302-145
of the
Income Tax Assessment Act 1997
(certain superannuation benefits and employment termination payments); and
Note:
This means that certain deductions will also be excluded.
(b) had
not
included any
*
net capital gain for the income year.
Step 2.
Subtract from the Step 1 amount any
*
above-average special professional income included in your taxable income for the income year under Division
405
.
History
S 392-15(1) amended by No 15 of 2007, s 3 and Sch 1 item 244, by substituting
"
section 82-65, 82-70 or 302-145 of the
Income Tax Assessment Act 1997
(certain superannuation benefits and employment termination payments)
"
for
"
subsection 27B(1A) or (3) (Assessable income to include certain superannuation and kindred payments) of the
Income Tax Assessment Act 1936
"
in para (a), step 1 of the method statement, applicable to the 2007-2008 income year and later years.
392-15(2)
However, your
basic taxable income
for an income year is nil if:
(a)
you do not have a taxable income for the income year; or
(b)
the amount worked out under subsection (1) for the income year is
less
than nil.
History
S 392-15 inserted by No 46 of 1998.