Document ID: chunk:federal_register_of_legislation:C2012C00388:clause:6_4:p2
Version: federal_register_of_legislation:C2012C00388
Segment Type: clause
Provision Reference: sch 6 cl 4 (pt 2/3)
Character Range: 58857–61487

with a tax offset for lump sum payments in arrears.

Tax offset for MLS lump sums paid to your spouse

 (2) You are also entitled to a *tax offset for the *current year if:
 (a) during all or part of the current year, you were married to an individual (within the meaning of section 3 of the Medicare Levy Act 1986 or section 7 of the A New Tax System (Medicare Levy Surcharge—Fringe Benefits) Act 1999); and
 (b) the individual is entitled to a tax offset for the current year under subsection (1); and
 (c) *Medicare levy surcharge is payable by you for the current year because of:
 (i) section 8D of the Medicare Levy Act 1986; or
 (ii) Division 4 of Part 3 of the A New Tax System (Medicare Levy Surcharge—Fringe Benefits) Act 1999;
  (which are about Medicare Levy surcharge for individuals who are married); and
 (d) you are not entitled to a tax offset for the current year under subsection (1); and
 (e) less of the Medicare levy surcharge referred to in paragraph (c) would be payable by you for the current year if the *MLS lump sums paid to the individual referred to in paragraph (a) were disregarded.

61‑585  The amount of a tax offset

 (1) The amount of a *tax offset under subsection 61‑580(1) is the amount worked out using the following formula:
where:

total Medicare levy surcharge means the total of the *Medicare levy surcharge referred to in paragraph 61‑580(1)(b) that is payable by you for the *current year.

total non‑arrears Medicare levy surcharge means the amount that would be the total Medicare levy surcharge if the *MLS lump sums paid to you (and the MLS lump sums paid to the individual referred to in paragraph 61‑580(2)(a)) were disregarded.

 (2) The amount of a *tax offset under subsection 61‑580(2) is the amount worked out using the following formula:
where:

total family Medicare levy surcharge means the total of the *Medicare levy surcharge referred to in paragraph 61‑580(2)(c) that is payable by you for the *current year.

total non‑arrears family Medicare levy surcharge means the amount that would be the total family Medicare levy surcharge if the *MLS lump sums referred to in paragraph 61‑580(2)(e) were disregarded.

61‑590  Definition of MLS lump sums

  Both of the following are MLS lump sums paid to an individual:
 (a) a lump sum payment of eligible income (within the meaning of section 159ZR of the Income Tax Assessment Act 1936) that is included in the individual's assessable income for the *current year (but only to the extent that it accrued in an earlier income year);
 (b) a lump sum payment that is included in the individual's *exempt foreign employment