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INCOME TAX ASSESSMENT ACT 1997 - SECT 63.10

Priority rules

  (1)   If you have one or more * tax offsets for an income year, apply them against your basic income tax liability in the order shown in the table. To the extent that an amount of a tax offset remains, the table tells you what happens to it.

 

Order of applying tax offsets

Item

Tax offset

What happens to any excess

5

* Tax offset under section   160AAAA of the Income Tax Assessment Act 1936 (tax offset for low income aged persons and pensioners)

Your entitlement to it is transferred in accordance with regulations made under that Act

10

* Tax offset under section   160AAAB of the Income Tax Assessment Act 1936 (tax offset for low income aged persons and pensioners --trustee assessed under section   98)

Your entitlement to it is transferred in accordance with regulations made under that Act

15

* Tax offset under section   160AAA of the Income Tax Assessment Act 1936 (tax offset in respect of certain benefits)

Your entitlement to it is transferred in accordance with regulations made under that Act

20

Any * tax offset not covered by another item in this table

You cannot get a refund of it, you cannot transfer it and you cannot carry it forward to a later income year

21

* Tax offset under Subdivision   301 - F (veterans' superannuation (invalidity pension) tax offset)

Apply it against your liability (if any) to pay * Medicare levy for the income year.

To the extent that an amount of it remains, apply it against your liability (if any) to pay * Medicare levy (fringe benefits) surcharge for the income year.

To the extent that an amount of it remains, you cannot get a refund of it, you cannot transfer it and you cannot carry it forward to a later income year

22

* Tax offset for * foreign income tax under Division   770

Apply it against your liability (if any) to pay * Medicare levy for the income year.

To the extent that an amount of it remains, apply it against your liability (if any) to pay * Medicare levy (fringe benefits) surcharge for the income year.

To the extent that an amount of it remains, you cannot get a refund of it, you cannot transfer it and you cannot carry it forward to a later income year

30

Landcare and water facility * tax offset under the former Subdivision   388 - A

You may carry it forward to a later income year (under Division   65)

32

ESVCLP * tax offset under Subdivision   61 - P

You may carry it forward to a later income year (under Division   65)

33

* Tax offset under Subdivision   360 - A (about early stage investors in innovation companies)

You may carry it forward to a later income year (under Division   65)

35

A * tax offset under Division   355 (about R&D) that is not covered by section   67 - 30

You may carry it forward to a later income year (under Division   65)

40

* Tax offset that is subject to the refundable tax offset rules (see Division   67)

You can get a refund of the remaining amount

45

* Tax offset arising from payment of * franking deficit tax (see section   205 - 70)

You may carry it forward to a later income year (under section   205 - 70)

Note 1:   Section   13 - 1 lists tax offsets.

Note 2:   Former Division   388 was repealed by the New Business Tax System (Capital Allowances--Transitional and Consequential) Act 2001 .

Note 4:   The remaining amount of a carry forward tax offset may be reduced by section   65 - 30 or 65 - 35 to take account of net exempt income.

Note 5:   Tax offsets mentioned in items   5 and 10 are more commonly referred to as the Senior Australians Tax Offset.

  (2)   Within each item, apply the tax offsets in the order in which they arose.

Note:   This would be relevant if you have carry forward tax offsets of the same category for different income years.


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