Document ID: chunk:federal_register_of_legislation:C2004A01294:clause:1_32c
Version: federal_register_of_legislation:C2004A01294
Segment Type: clause
Provision Reference: sch 1 cl 32C
Character Range: 13396–15080

32C  Relevant reconciliation time—member of a couple, income tax return lodged within 2 years

 (1) This section applies to the first individual for a same‑rate benefit period if:
 (a) both:
 (i) the first individual was a member of a couple throughout the same‑rate benefit period; and
 (ii) the first individual continues to be a member of the couple until the end of the second income year following the relevant income year; and
 (b) the first individual or the other member of the couple is or was required to lodge an income tax return for the relevant income year.

 (2) If only one member of the couple was required to lodge an income tax return for the relevant income year, the relevant reconciliation time is the time when an assessment is made under the Income Tax Assessment Act 1936 of the member's taxable income for the relevant income year, so long as the member's income tax return for the relevant income year was lodged before the end of the second income year following the relevant income year.

 (3) If:
 (a) both members of the couple were required to lodge an income tax return for the relevant income year; and
 (b) both members of the couple lodged an income tax return for the relevant income year before the end of the second income year following the relevant income year;
the relevant reconciliation time is whichever is the later of the following:
 (c) the time when an assessment is made under the Income Tax Assessment Act 1936 of the first individual's taxable income for the relevant income year;
 (d) the time when an assessment is made under the Income Tax Assessment Act 1936 of the other member's taxable income for the relevant income year.