Document ID: chunk:federal_register_of_legislation:C2004C01086:clause:3_1:p4
Version: federal_register_of_legislation:C2004C01086
Segment Type: clause
Provision Reference: sch 3 cl 1 (pt 4/5)
Character Range: 119257–122349

*capital gain or *capital loss (even if you did not make one from the event); and

Note: You are not disqualified by having an unapplied net capital loss for a previous income year.
 (d) your *exempt income (if any) for the inquiry period consisted only of one or more items covered by section 360‑75; and
 (e) your deductions for the inquiry period consisted only of one or more items covered by section 360‑80; and
 (f) your *tax offsets for the inquiry period consisted only of one or more items covered by section 360‑85; and
 (g) your application relates only to an item covered by section 360‑70, 360‑75, 360‑80 or 360‑85;
unless Subdivision 360‑C prevents the Commissioner from complying with the application.

Note: For an alternative basis on which the Commissioner must comply with your application, see section 360‑100.

 (2) The inquiry period is:
 (a) if your application relates to an earlier income year—that income year; or
 (b) if your application relates to the income year during which the application is made—so much of the income year as elapses up to and including the day on which you make the application.

360‑70  Basic categories of assessable income

 (1) This section covers a payment from which an amount must be withheld (even if the amount is not withheld) under a provision listed in the table, to the extent that the payment is assessable income.

Payments covered
Item                         Provision       Subject matter
    1                        Section 12‑35   Payment to employee
    2                        Section 12‑40   Payment to company director
    3                        Section 12‑45   Payment to office holder
    4                        Section 12‑115  Commonwealth education or training payment

 (2) This section also covers a payment specified in a provision of the Income Tax Assessment Act 1997 listed in the table, to the extent that the payment is assessable income.

Social security or other benefit payment
Item                                      Provision       Subject matter
    1                                     Section 52‑10   Social security payments
    2                                     Section 52‑65   Veterans' affairs payments
    3                                     Section 52‑105  Payments under the Repatriation Act 1920
    4                                     Section 55‑10   Education entry payments

 (3) This section also covers interest payable by a *financial institution or a government body (as defined by section 202A of the Income Tax Assessment Act 1936), to the extent that the interest is assessable income.

 (4) This section also covers a *dividend (to the extent that it is assessable income), if the company that pays it is an Australian resident, and a *listed public company whose shares are listed for quotation in the official list of the Australian Stock Exchange Limited, at the earliest of the following times:
 (a) if the liability to pay the dividend arises when the dividend is declared—that time;
 (b) when the dividend becomes due and payable;
 (c) when the dividend