CHAPTER 2
-
LIABILITY RULES OF GENERAL APPLICATION
PART 2-20
-
TAX OFFSETS
History
Pt 2-20 inserted by No 56 of 1997.
Division 61
-
Generally applicable tax offsets
History
Div 61 inserted by No 56 of 1997.
Subdivision 61-G
-
Private health insurance offset complementary to Part 2-2 of the Private Health Insurance Act 2007
History
Subdiv 61-G substituted for Subdiv 61-H by No 32 of 2007, s 3 and Sch 3 item 9, applicable in relation to the 2007-2008 income year and later income years.
History
Archived:
Former Subdiv 61-G repealed as inoperative by
No 101 of 2006
, s 3 and Sch 1 item 231, effective 14 September 2006. For
application and savings provisions
and for former wording see the
CCH Australian Income Tax Legislation archive
.
Operative provisions
SECTION 61-205
Entitlement to the private health insurance tax offset
61-205(1)
You are entitled to a *tax offset for the 2012-13 income year or a later income year if:
(a)
a premium, or an amount in respect of a premium, was paid by you or another entity during the income year under a *complying health insurance policy in respect of a period (the
premium period
); and
(b)
you are a *PHIIB in respect of the premium or amount; and
(c)
each person insured under the policy during the premium period is, for the whole of the time that he or she is insured under the policy during the premium period:
(i)
an eligible person (within the meaning of section 3 of the
Health Insurance Act 1973
); or
(ii)
treated as such because of section 6, 6A or 7 of that Act.
History
S 61-205(1) substituted by No 26 of 2012, s 3 and Sch 1 item 3, applicable in relation to premiums, and amounts in respect of premiums, paid on and after 1 July 2012. S 61-205(1) formerly read:
61-205(1)
If you are an individual (other than an individual in the capacity of an employer), you are entitled to a *tax offset for the 2007-08 income year or a later income year if:
(a)
a premium, or an amount in respect of a premium, was paid by you, or by your employer as a *fringe benefit for you, under a complying private health insurance policy (within the meaning of the
Private Health Insurance Act 2007
), on or after 1 July 2007; and
(b)
the premium, or amount in respect of a premium, was paid during the income year; and
(c)
each person insured under the complying health insurance policy during the period covered by the premium or amount is, for the whole of the time that he or she is insured under the policy during that period, an eligible person within the meaning of section 3 of the
Health Insurance Act 1973
, or treated as such because of section 6, 6A or 7 of that Act.
61-205(2)
You are also entitled to the *tax offset if:
(a)
you are a trustee who is liable to be assessed under section
98
of the
Income Tax Assessment Act 1936
in respect of a share of the net income of a trust estate; and
(b)
the beneficiary who is presently entitled to the share of the income of the trust estate would be entitled to the tax offset because of subsection (1).
61-205(3)
(Repealed by No 26 of 2012)
History
S 61-205(3) repealed by No 26 of 2012, s 3 and Sch 1 item 4, applicable in relation to premiums, and amounts in respect of premiums, paid on and after 1 July 2012. S 61-205(3) formerly read:
61-205(3)
However, you are not entitled to the *tax offset in respect of the payment of any premium, or any amount in respect of a premium, if:
(a)
you have received an amount under Division 26 of the
Private Health Insurance Act 2007
in relation to the payment; or
(b)
the premium, or the amount in respect of a premium, was less than it would otherwise have been because of the operation of Division 23 of that Act.
Note:
In certain circumstances you can get a refund of the tax offset under Division 67.
History
S 61-205 inserted by No 32 of 2007, s 3 and Sch 3 item 9, applicable in relation to the 2007-2008 income year and later income years.