PART II
-
RATES OF INCOME TAX PAYABLE UPON INCOMES OTHER THAN INCOMES OF COMPANIES, PRESCRIBED UNIT TRUSTS, SUPERANNUATION FUNDS AND CERTAIN OTHER TRUSTS
Division 4
-
Pro-rating of the tax-free threshold
SECTION 16
16
INTERPRETATION
In this Division:
beneficiary
, in relation to a trust estate, includes a person who is capable (whether by the exercise of a power of appointment or otherwise) of benefiting under the trust;
eligible pensioner
, in relation to a year of income, means a person to whom, at any time during the year of income, compensation or a pension, allowance or benefit is payable under:
(a)
the
Veterans
'
Entitlements Act 1986
;
(b)
subsection 4(6) of the
Veterans
'
Entitlements (Transitional Provisions and Consequential Amendments) Act 1986
; or
(ba)
the
Military Rehabilitation and Compensation Act 2004
; or
(c)
a provision of the
Social Security Act 1991
other than Part
2.11
,
2.12
or
2.15
of that Act;
(d)
(Omitted by No 48 of 1991)
being compensation or a pension, allowance or benefit in respect of which the person is liable to be assessed and to pay income tax in Australia.
History
Definition of
"
eligible pensioner
"
amended by No 67 of 2024, s 3 and Sch 5 item 44, by substituting
"
or 2.15
"
for
"
, 2.15 or 3.15A
"
in para (c), effective 1 October 2024. No 67 of 2024, s 3 and Sch 5 item 48 contains the following application provision:
48 Application of amendments
48
Despite any amendment made of a particular provision, the provision, as in force immediately before the commencement of the amendment, continues to apply on and after that commencement in relation to a payment made before that commencement.
Definition of
"
eligible pensioner
"
amended by No 26 of 2018, s 3 and Sch 5 item 40, by omitting
"
2.14,
"
after
"
2.12,
"
from para (c), effective 20 September 2020.
Definition of
"
eligible pensioner
"
amended by No 52 of 2004, No 76 of 2000, No 216 of 1991, No 100 of 1991, No 48 of 1991 and No 78 of 1988.
partial threshold allowance month
(Repealed by No 110 of 2006)
History
Definition of
"
partial threshold allowance month
"
repealed by No 110 of 2006, s 3 and Sch 3 item 2, applicable to assessments for the 2006-2007 year of income and later years of income. The definition formerly read:
partial threshold allowance month
, in relation to a taxpayer in relation to a year of income, means a month in the year of income where:
(a)
both of the following conditions are satisfied:
(i)
the whole or a part of a part-year workforce period in relation to the taxpayer in relation to the year of income subsists during the month;
(ii)
the taxpayer is a resident at any time during the month; or
(b)
the whole or a part of a part-year residency period in relation to the taxpayer in relation to the year of income subsists during the month;
related deductions
(Repealed by No 110 of 2006)
History
Definition of
"
related deductions
"
repealed by No 110 of 2006, s 3 and Sch 3 item 3, applicable to assessments for the 2006-2007 year of income and later years of income. The definition formerly read:
related deductions
, in relation to a particular kind of assessable income of a taxpayer of a year of income, means:
(a)
deductions allowed or allowable under the Assessment Act to the taxpayer in the year of income that relate exclusively to assessable income of that kind; and
(b)
so much of any other deductions allowed or allowable under the Assessment Act to the taxpayer in the year of income as, in the opinion of the Commissioner, may appropriately be related to assessable income of that kind;
salary or wages
(Repealed by No 110 of 2006)
History
Definition of
"
salary or wages
"
repealed by No 110 of 2006, s 3 and Sch 3 item 4, applicable to assessments for the 2006-2007 year of income and later years of income. The definition formerly read:
salary or wages
means payments from which an amount must be withheld under a provision of Subdivision
12-B
(other than section
12-55
),
12-C
or
12-D
in Schedule
1
to the
Taxation Administration Act 1953
(even if the amount is not withheld).
Note:
The payments covered are: payments to employees and company directors, payments to office holders, return to work payments, payments under labour hire arrangements, payments of pensions and annuities, eligible termination payments, payments for unused leave, benefit payments, compensation payments and payments specified by regulations.
Definition of
"
salary or wages
"
substituted by No 179 of 1999 and amended by No 216 of 1991.
study period
(Repealed by No 110 of 2006)
History
Definition of
"
study period
"
repealed by No 110 of 2006, s 3 and Sch 3 item 5, applicable to assessments for the 2006-2007 year of income and later years of income. The definition formerly read:
study period
, in relation to a part-year workforce period in relation to a taxpayer in relation to a year of income, means the period commencing at the beginning of the year of income and ending on the day in the year of income on which the occasion, or the last of the occasions, as the case requires, referred to in paragraph 17(1)(a) occurred.
16(2)
(Repealed by No 110 of 2006)
History
S 16(2) repealed by No 110 of 2006, s 3 and Sch 3 items 1 and 6, applicable to assessments for the 2006-2007 year of income and later years of income. S 16(2) formerly read:
16(2)
For the purposes of this Division:
(a)
a person shall not be taken not to be engaged in a course of education by reason only that the person is on a vacation break in that course; and
(b)
a person who is enrolled in a course of education shall be deemed to be engaged in that course.
View history note
Hide history note