Document ID: chunk:federal_register_of_legislation:C2008A00141:clause:1_3:p1
Version: federal_register_of_legislation:C2008A00141
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 1/4)
Character Range: 2219–4975

3  After Subdivision 61‑L
Insert:

Subdivision 61‑M—Education expenses tax offset

Guide to Subdivision 61‑M

61‑600  What this Subdivision is about

      You may get a refundable tax offset for education expenses incurred for a school student in your care, or for yourself if you are an independent student.
      There is a limit on the amount of the tax offset.
      Education expenses over the limit can be taken into account in the next year of income.

Table of sections

Entitlement to education expenses tax offset

61‑610 Entitlement to education expenses tax offset
61‑620 Eligibility in respect of another individual
61‑630 Schooling requirement
61‑640 Education expenses

Amount of education expenses tax offset

61‑650 Amount of education expenses tax offset
61‑660 Education expenses tax offset limit
61‑670 Shared care
61‑680 Excess education expenses

Entitlement to education expenses tax offset

61‑610  Entitlement to education expenses tax offset

Entitlement in respect of another individual

 (1) You are entitled to a *tax offset for an income year if:
 (a) you satisfy subsection 61‑620(1), (2), (3) or (4) on a day in the income year for an individual; and
 (b) the individual satisfies the schooling requirement in section 61‑630 on that day; and
 (c) an expense covered by section 61‑640 for the individual's education is incurred on that day.

Entitlement for independent students

 (2) You are also entitled to a *tax offset for an income year if:
 (a) on a day in the income year you are receiving:
 (i) payments under a prescribed educational scheme (within the meaning of the Social Security Act 1991); or
 (ii) a social security pension (within the meaning of that Act); or
 (iii) a social security benefit (within the meaning of that Act); or
 (iv) payments under a program included in the programs known as Labour Market Programs; and
 (b) an independence requirement (however described) that you satisfy is relevant to the amount of the payment; and
 (c) on that day you are:
 (i) an Australian resident (within the meaning of the Social Security Act 1991) or a special category visa holder (within the meaning of the Migration Act 1958); and
 (ii) residing in Australia; and
 (d) you are aged under 25 on that day; and
 (e) you satisfy the schooling requirement in section 61‑630 on that day; and
 (f) another individual or entity is not entitled to a tax offset for the income year for that day in respect of you under subsection (1); and
 (g) an expense covered by section 61‑640 for your education is incurred on that day.

61‑620  Eligibility in respect of another individual

You are entitled to Family Tax Benefit (Part A)

 (1) You satisfy this section on a day in an income year for an individual if: