Commonwealth Numbered Acts

TAXATION LAWS AMENDMENT ACT (No. 2) 1985No. 123, 1985 - SECT 29

29. Section 159P of the Principal Act is amended -
(a) by omitting from sub-sections (1) and (3) "section 159N" and
substituting "this section"; and

   (b)  by inserting after sub-section (3) the following sub-sections:

"(3A) Where -

   (a)  a rebatable amount is, or rebatable amounts are, applicable to a
        taxpayer in respect of a year of income; and

   (b)  that rebatable amount, or the aggregate of those rebatable amounts,
        exceeds $1,000, the taxpayer is entitled to a rebate of tax in the
        taxpayer's assessment in respect of income of that year of income of
        an amount equal to 30% of the excess. "(3B) Where the trustee of the
        estate of a deceased person pays an amount as medical expenses in
        respect of a liability incurred by the deceased person in the deceased
        person's lifetime, being an amount that would have been treated, for
        the purposes of this section, as a rebatable amount if it had been
        paid by the deceased person during the deceased person's lifetime,
        there shall be allowed, in the assessment of the trustee upon the
        assessable income derived by the deceased person during the year of
        income in which the deceased person died, a rebate of tax equal to the
        rebate that would have been allowable to the deceased person under
        this section in respect of that amount if it had been paid by the
        deceased person during the year of income in which the deceased person
        died.".