Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1997 - SECT 61.215

  (1)   You can make a choice under this section in relation to the income year if:

  (a)   you are a * PHIIB in respect of the premium or amount; and

  (b)   on the last day of the income year, you are married (within the meaning of the A New Tax System (Medicare Levy Surcharge--Fringe Benefits) Act 1999 ; and

  (c)   the individual to whom you are married is also a PHIIB in respect of the premium or amount; and

  (d)   the individual to whom you are married has not made a choice under this section in relation to the income year.

Note:   If you make a choice under this section, you might be liable to pay an amount under section   282 - 18 of the Private Health Insurance Act 2007 (Liability for excess private health insurance premium reduction or refund).

  (2)   If you make a choice under this section in relation to the income year:

  (a)   the amount (if any) of the * tax offset for the income year under section   61 - 205 in respect of the premium or amount of the individual to whom you are married is reduced to nil; and

  (b)   your tax offset for the income year under that section in respect of the premium or amount is increased by that amount.

  (3)   A choice under this section in relation to the income year can only be made in your * income tax return for the income year.

  (4)   A choice under this section in relation to an income year has effect for all premiums, or amounts in respect of premiums, paid during the income year.