Document ID: chunk:federal_register_of_legislation:C2025C00029:section:3:p3
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 3 (pt 3/10)
Character Range: 1466374–1468957

*share of the PHII benefit in respect of the premium or amount.
Note: If the amount worked out under subsection (3) exceeds your share of the PHII benefit, you are liable to pay the excess to the Commonwealth. See section 282‑18 of the Private Health Insurance Act 2007 (Liability for excess private health insurance premium reduction or refund).
 (5) Otherwise, reduce your *tax offset under subsection (1) by the amount worked out under subsection (3).

61‑215  Reallocation of the private health insurance tax offset between spouses
 (1) You can make a choice under this section in relation to the income year if:
 (a) you are a *PHIIB in respect of the premium or amount; and
 (b) on the last day of the income year, you are married (within the meaning of the A New Tax System (Medicare Levy Surcharge—Fringe Benefits) Act 1999; and
 (c) the individual to whom you are married is also a PHIIB in respect of the premium or amount; and
 (d) the individual to whom you are married has not made a choice under this section in relation to the income year.
Note: If you make a choice under this section, you might be liable to pay an amount under section 282‑18 of the Private Health Insurance Act 2007 (Liability for excess private health insurance premium reduction or refund).
 (2) If you make a choice under this section in relation to the income year:
 (a) the amount (if any) of the *tax offset for the income year under section 61‑205 in respect of the premium or amount of the individual to whom you are married is reduced to nil; and
 (b) your tax offset for the income year under that section in respect of the premium or amount is increased by that amount.
 (3) A choice under this section in relation to the income year can only be made in your *income tax return for the income year.
 (4) A choice under this section in relation to an income year has effect for all premiums, or amounts in respect of premiums, paid during the income year.

Subdivision 61‑L—Tax offset for Medicare levy surcharge (lump sum payments in arrears)

Guide to Subdivision 61‑L

61‑575  What this Subdivision is about
      You may get a tax offset under this Subdivision if:

                (a) Medicare levy surcharge is payable by you for the current year; and
                (b) a substantial lump sum was paid to you in the current year; and
                (c) the lump sum accrued in whole or in part in a previous year.

      The amount of the offset is the amount of additional Medicare levy surcharge payable by you for the current year because of your lump sums and your spouse's