Treasury Laws Amendment (COVID-19 Economic Response No. 2) Act 2021 (79 of 2021)
Schedule 3 Tax-free treatment of payments from COVID-19 business support programs
Income Tax Assessment Act 1997
2 After section 59-97
Insert:
59-98 Commonwealth small business support payments relating to the coronavirus known as COVID-19
(1) A payment an entity receives is not assessable income and is not *exempt income if:
(a) the entity receives the payment under a program administered by the Commonwealth or an authority of the Commonwealth; and
(b) the program is declared under subsection (2) to be an eligible program (whether this declaration is made before, on or after the day the entity receives the payment); and
(c) the entity receives the payment in the 2021-22 *financial year; and
(d) the entity is a *small business entity, or an entity covered by subsection 59-97(2), for the income year in which the entity receives the payment.
(2) For the purposes of paragraph (1)(b), the Minister may, by legislative instrument, declare a program to be an eligible program if the Minister is satisfied that the program is, in effect:
(a) responding to economic impacts of the coronavirus known as COVID-19; and
(b) directed at supporting *businesses the operations of which have been significantly disrupted as a result of a public health directive.