Document ID: chunk:federal_register_of_legislation:C2010C00603:clause:10_20:p2
Version: federal_register_of_legislation:C2010C00603
Segment Type: clause
Provision Reference: sch 10 cl 20 (pt 2/2)
Character Range: 153523–155337

previous income year;
 (ii) the income year commencing on 1 July 2000; and
 (b) otherwise—the later of the following years:
 (i) the earliest income year in which you were an Australian resident and the child was in your care;
 (ii) the income year commencing on 1 July 2001.

Note: See section 61‑445 for when a child is first in your care.

 (3) If paragraph (2)(a) applies to you, you may choose, in the *approved form, the later of the following years to be your base year:
 (a) the year the child was first in your care;
 (b) the income year commencing on 1 July 2001.
A choice cannot be revoked.

 (4) A choice cannot be made:
 (a) after you have claimed the *tax offset under section 61‑440 for any income year; or
 (b) after you have transferred your entitlement to the tax offset under section 61‑440 for any income year.

Transferred entitlement

 (5) Your base year for an entitlement transferred to you under section 61‑385 is the income year before the first income year for which the entitlement for the child was transferred to you.

61‑455  Old Subdivision applies if you would be worse off

  This Subdivision as in force on 30 June 2004 (instead of this Subdivision as amended by Schedule 10 to the Tax Laws Amendment (2004 Measures No. 6) Act 2005) continues to apply to you if the amount of all *tax offsets to which you would be entitled under this Subdivision as in force on that date is more than the amount of all tax offsets to which you would be entitled under the amended Subdivision.

Note: The effect of this is that:

(a) you are only entitled to a tax offset in respect of days for which you are legally responsible for the child (and not days during which the child is in your care); and

(b) your base year is the income year in which the child event happened or the year before.