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Tuesday, 10 February 2004
Page: 24244

(Question No. 2522)


Mr Gibbons asked the Minister representing the Minister for Revenue and Assistant Treasurer, upon notice, on 7 October 2003:

(1)  Is the Minister aware that there is a consent form on the back of the 2003 Tax Return for Individuals to authorise the ATO to use part or all of a taxpayer's 2002-2003 tax refund to repay the 2003 Family Tax Benefit overpayment to their spouse.

(2)  Is the Minister also aware that a taxpayer must obtain their spouse's permission to quote their CRN.

(3)  Can the Minister explain how the ATO is able to access a taxpayer's tax refund if the taxpayer does not sign the authorisation.

(4)  If the ATO is lawfully able to access a taxpayer's tax refund, could the Minister explain why the taxpayer is required to complete the authorisation.


Mr Costello —The Minister for Revenue and Assistant Treasurer provided the following answer to the honourable member's question as follows:

(1)  Yes, there is a consent form on the back of the 2003 Tax Return for Individuals to repay a spouse's family tax benefit overpayment from their tax refund. Consent is contained in sec 93 of the A New Tax System (Family Assistance) (Administration) Act 1999. This allows for any person who is entitled to an income tax refund to give consent to use that refund to pay another persons FTB debt. For ease of administration, consent was limited to the debtor's current spouse. Sec 82 of the same Act allows the Commonwealth to recover a debt from the income tax refund of a person who has given consent under sec 93.

(2)  In order for an income tax refund to be used to offset a spouse's FTB debt, it is a Centrelink requirement that the Customer Reference Number (CRN) be provided to ensure the tax refund is correctly applied, where consent to use the CRN has been given.

(3)  and (4) Authorisation only relates to consent to use an income tax refund to pay a spouse's FTB overpayment. The recovery of an FTB debt from the debtor's own income tax refund is contained in sec 82 of the A New Tax System (Family Assistance) (Administration) Act 1999. The Legislation does not require that the Commonwealth obtain consent to use the debtor's own income tax refund to recover their FTB debt.