Income Tax Regulations 1936 (Repealed)

Pt 8 heading substituted by SLI No 91 of 2012, reg 3 and Sch 1 item 1, effective 1 July 2012. The heading formerly read:

PART 8 - REBATE FOR LOW INCOME AGED PERSONS AND IN RESPECT OF CERTAIN PENSIONS AND BENEFITS

Pt 8, formerly Pt VII, inserted and renumbered by SR No 192 of 1990.

Div 1A inserted by SR No 148 of 1997.

Reg 150AE(1) amended by SLI No 91 of 2012, reg 3 and Sch 1 item 11, by substituting para (a), (aa) and (b), effective 1 July 2012. Para (a), (aa) and (b) formerly read:

(a) a taxpayer ( TP1 ) is:

(i) entitled to a rebate of tax under section 160AAAA or 160AAA of the Act; and

(ii) the relevant income-recipient in relation to the rebate to which he or she is entitled; and

(aa) a person ( TP2 ) who is, at any time in that year of income, TP1's spouse is:

(i) entitled to a rebate of tax under section 160AAAA of the Act; and

(ii) the relevant income-recipient in relation to the rebate to which he or she is entitled; and

(b) TP1's:

(i) rebate amount for the year of income worked out under this regulation; or

(ii) adjusted rebate amount worked out under regulation 151 ;

exceeds the tax payable by TP1 in respect of income of that year (disregarding any credits or rebates); and

Reg 150AE(1) amended by SR No 107 of 2001.

Reg 150AE(2) substituted by SLI No 91 of 2012, reg 3 and Sch 1 item 12, effective 1 July 2012. Reg 150AE(2) formerly read:

150AE(2)
In the circumstances mentioned in subregulation (1), the rebate amount for the year of income is:

(a) for TP1:

(i) the amount ascertained under subregulation 150AB(2) ; or

(ii) the adjusted rebate amount ascertained under subregulation 151(3) ;

reduced by the amount of the excess rebate amount mentioned in paragraph (1)(b); and

(b) for TP2 - the amount ascertained under subregulation 150AB(2) increased by the amount of excess rebate amount mentioned in paragraph (1)(b).

Reg 150AE(2) amended by SR No 107 of 2001.

Reg 150AE(3) amended by SLI No 91 of 2012, reg 3 and Sch 1 items 12 and 13, by substituting para (a) and (c), effective 1 July 2012. Para (a) and (c) formerly read:

(a) a taxpayer (`` TP1 '') is:

(i) under section 160AAAA or 160AAA of the Act - entitled to a rebate of tax; and

(ii) in relation to the rebate to which he or she is entitled - the relevant income-recipient; and

(c) TP1's:

(i) rebate amount for the year of income worked out under this regulation; or

(ii) adjusted rebate amount worked out under regulation 151 ;

exceeds the tax payable by TP1 in respect of income of that year (disregarding any credits or rebates); and

Reg 150AE(3) amended by SR No 107 of 2001.

Reg 150AE(4) amended by SLI No 91 of 2012, reg 3 and Sch 1 item 15, by substituting " ascertained under subregulation (11) " for " mentioned in paragraph (3)(c) " in para (b), effective 1 July 2012.

Reg 150AE(4) amended by SR No 107 of 2001.

Reg 150AE(5) repealed by SLI No 91 of 2012, reg 3 and Sch 1 item 16, effective 1 July 2012. Reg 150AE(5) formerly read:

150AE(5)
For paragraphs (1)(c) and (3)(d), if the year of income concerned is the year of income ending on 30 June 1997, the amount of rebate to which TP2 is entitled is taken to be the amount mentioned in paragraph 150AD(b) .

Reg 150AE(6) repealed by SLI No 91 of 2012, reg 3 and Sch 1 item 16, effective 1 July 2012. Reg 150AE(6) formerly read:

150AE(6)
If the year of income mentioned in subregulation (1) or (3) is the year of income ending on 30 June 1997, the amount ascertained under paragraph (2)(b) or (4)(b) is limited to the amount of tax payable by TP2 in respect of income of that year.

Reg 150AE(8) renumbered from reg 150AE(11) by SLI No 222 of 2012, reg 3 and Sch 1 item 2, by substituting " (8) For " for " (11) For " , effective 15 September 2012.

Reg 150AE(8) (formerly reg 150AE(11)) inserted by SLI No 174 of 2012, reg 3 and Sch 1 item 3, effective 1 July 2012.

Former reg 150AE(8) omitted by SR No 45 of 2002.

Reg 150AE(10) repealed by SLI No 91 of 2012, reg 3 and Sch 1 item 16, effective 1 July 2012. Reg 150AE(10) formerly read:

150AE(10)
This regulation does not apply if TP2 was in receipt of a benefit under Part 2.11, 2.12, 2.14 or 2.15 of SSA91 on the last day of the year of income.

Reg 150AE(10) inserted by SR No 107 of 2001.

Reg 150AE(11) inserted by SLI No 91 of 2012, reg 3 and Sch 1 item 17, effective 1 July 2012.

Reg 150AE(12) amended by SLI No 279 of 2013, reg 4 and Sch 1 item 1, by substituting " each rate of tax payable by TP1 is a rate set out in Part I of Schedule 7 to the Income Tax Rates Act 1986 " for " TP1 is a resident of Australia " , applicable in relation to assessments of income for the 2013-2014 income year and later income years.

Reg 150AE(12) amended by SLI No 128 of 2013, reg 4 and Sch 1 item 1, by inserting " , and TP1 is a resident of Australia " , applicable in relation to assessments of income for the 2012-2013 income year and later income years.

Reg 150AE(12) inserted by SLI No 91 of 2012, reg 3 and Sch 1 item 17, effective 1 July 2012.

Reg 150AE(13) amended by SLI No 279 of 2013, reg 4 and Sch 1 items 2 and 3, by substituting " each rate of tax payable by TP1 is a rate set out in Part II of Schedule 7 to the Income Tax Rates Act 1986 " for " TP1 is a non-resident " and repealing the note at the end, applicable in relation to assessments of income for the 2013-2014 income year and later income years. The note formerly read:

Note:

Non-resident is defined in section 6 of the Act. Division 63 of the Income Tax Assessment Act 1997 sets out the general rules about excess tax offsets.

Reg 150AE(13) inserted by SLI No 128 of 2013, reg 4 and Sch 1 item 2, applicable in relation to assessments of income for the 2012-2013 income year and later income years.

Reg 150AE inserted by SR No 148 of 1997.