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Family Assistance Legislation Amendment (Extension of Time Limits) Bill 2004
Schedule 1 Extension of time limits relating to family tax benefit and child care benefit

Part 1 Amendment of the A New Tax System (Family Assistance) (Administration) Act 1999

1  Paragraph 10(2)(b)

Omit “next income year”, substitute “2 income years immediately following that income year”.

2  Subsection 28(3)

Repeal the subsection, substitute:

Consequence where income tax returns are later lodged

             (3)  If:

                     (a)  after the Secretary varies the determination under subsection (2), an assessment is made under the Income Tax Assessment Act 1936 for the cancellation income year for everyone (the taxpayers involved ):

                              (i)  who was required to lodge an income tax return as mentioned in subparagraph (1)(b)(iii); and

                             (ii)  in respect of whom an assessment had not been made before the determination was varied; and

                     (b)  the Secretary is satisfied that the claimant was eligible for an amount (the recalculated amount ) of family tax benefit for the cancellation days;

the Secretary must again vary the determination so that it has the effect that, for the cancellation days, the claimant is entitled to be paid:

                     (c)  if income tax returns for the cancellation year for the taxpayers involved were lodged with the Commissioner of Taxation during the income year that began 2 years after the beginning of the cancellation income year—the recalculated amount; or

                     (d)  in any other case—the lesser of:

                              (i)  the recalculated amount; and

                             (ii)  the amount that the claimant was entitled to be paid before the variation under subsection (2) was made.

3  Paragraph 49J(2)(b)

Omit “following income year”, substitute “2 income years immediately following that income year”.

4  Paragraph 154A(3)(b)

Omit “2 years”, substitute “3 years”.

5  Subsection 154A(4)

Omit “2 years”, substitute “3 years”.

6  Application of this Part

(1)        The amendment made by item 1 applies to a claim for payment of family tax benefit made either before or after the commencement of this Part, if the claim is for a past period that falls wholly within the income year beginning on 1 July 2001 or any later income year.

(2)        The amendment made by item 2 applies in respect of cancellation days occurring in the income year beginning on 1 July 2001 or any later income year.

(3)        The amendment made by item 3 applies to a claim for payment of child care benefit made either before or after the commencement of this Part, if the claim is for a past period that falls wholly within the income year beginning on 1 July 2001 or any later income year.

(4)        The amendment made by item 4 applies to a determination of taxable income made on or after 1 July 2003 (including after the commencement of this item).

(5)        The amendment made by item 5 applies to tax file numbers provided either before or after the commencement of this Part to the Commissioner in respect of the income year beginning on 1 July 2001 or any later income year.



 

Part 2 Amendment of the Income Tax Assessment Act 1997

7  Paragraph 25-7(b)

Before “you”, insert “if the claim is for a period in an income year other than the 2001-2002 income year—”.

8  At the end of section 25-7

Add:

             ; and (c)  if the claim is for a period in the 2001-2002 income year:

                              (i)  you lodge the claim in the 2002-2003 income year with an officer of the Australian Taxation Office (within the meaning of that Act) for determination by such an officer; or

                             (ii)  you lodge the claim in the 2003-2004 income year with an officer of the Commonwealth Services Delivery Agency (within the meaning of the Commonwealth Services Delivery Agency Act 1997 ) for determination by that officer.

9  Application

The amendments made by this Part apply to fees or commission incurred, and in relation to advice provided, either before or after the commencement of this Part.