Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p6
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 6/10)
Character Range: 1473535–1476182

income for the current year (but only to the extent that it accrued during a period ending more than 12 months before the date on which it was paid).

Subdivision 61‑N—Seafarer tax offset

Guide to Subdivision 61‑N

61‑695  What this Subdivision is about
      A company may get a refundable tax offset for withholding payments made to Australian seafarers for overseas voyages if:

                (a) the voyage is made by a vessel for which the company, or another entity, has a certificate under the Shipping Reform (Tax Incentives) Act 2012; and
                (b) the company employs or engages the seafarer on such voyages for at least 91 days in the income year.

Table of sections

Operative provisions
61‑700 Object of this Subdivision
61‑705 Who is entitled to the seafarer tax offset
61‑710 Amount of the seafarer tax offset

Operative provisions

61‑700  Object of this Subdivision
  The object of this Subdivision is to stimulate opportunities for Australian seafarers to:
 (a) be employed or engaged on overseas voyages; and
 (b) acquire maritime skills.

61‑705  Who is entitled to the seafarer tax offset
 (1) A company is entitled to a *tax offset for an income year if:
 (a) the company is a corporation to which paragraph 51(xx) of the Constitution applies; and
 (b) there is at least one individual in respect of whom the company has 91 days or more in the income year that qualify for the tax offset as mentioned in subsection (2).
 (2) A particular day qualifies for the *tax offset under this Subdivision for a company for an individual if:
 (a) on the day, the individual is an Australian resident who:
 (i) is employed by the company; or
 (ii) performs work or services under an *arrangement under which the company makes, at any time, a payment that is a *withholding payment covered by subsection 12‑60(1) in Schedule 1 to the Taxation Administration Act 1953 (about labour hire arrangements); and
 (b) on the day, the individual is so employed, or performs the work or services, on a voyage of a vessel as master, deck officer, integrated rating, steward or engineer; and
 (c) the company, or another entity, has a certificate for the vessel that applies to the day under Part 2 of the Shipping Reform (Tax Incentives) Act 2012; and
 (d) in the course of the voyage, the vessel travels between:
 (i) a port in Australia and a port outside Australia; or
 (ii) a port in Australia and a place in the waters of the sea above the continental shelf of a country other than Australia; or
 (iii) a port outside Australia and a place in the waters of the sea above the continental shelf of Australia; or
 (iv) a place in the