Document ID: chunk:federal_register_of_legislation:C2004A01268:clause:1_2
Version: federal_register_of_legislation:C2004A01268
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 1540–2792

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.