Document ID: chunk:federal_register_of_legislation:C2004A04993:body:0:p38
Version: federal_register_of_legislation:C2004A04993
Segment Type: other
Provision Reference: 
Character Range: 96422–99120

person's taxable income for the tax year—the person's accepted estimated taxable income for the tax year.

Assessed taxable income

"(2) At a particular time, a person's assessed taxable income for a tax year is the taxable income according to whichever of the following was made most recently:

    (a) an assessment of the person's taxable income for the tax year made by the Commissioner of Taxation;

    (b) an amended assessment of the person's taxable income for the tax year made by the Commissioner of Taxation;

    (c) an amendment made by a tribunal of an assessment or amended assessment of the person's taxable income for the tax year made by the Commissioner of Taxation;

    (d) an amendment made by a court of:

       (i) an assessment or amended assessment of the person's taxable income for the tax year made by the Commissioner of Taxation; or

(ii) an amended assessment of the person's taxable income for the tax year made by a tribunal.

Estimating taxable income

"(3) A person may give the Secretary a written estimate of the person's taxable income for a tax year.

Accepting estimate of taxable income

"(4) The Secretary may accept the estimate only if:

(a) the person does not have an assessed taxable income for the tax year; and

(b) one of the following applies:

(i) the tax year has not ended;

      (ii) the Secretary is satisfied that the person is not required to lodge a return of income for the tax year under the Income Tax Assessment Act;

      (iii) the Secretary is satisfied that the person has lodged, or proposes to lodge, a return of income for the tax year under the Income Tax Assessment Act; and

(c) the Secretary is satisfied that the estimate is reasonable.

SCHEDULE 10—continued

Accepted estimated taxable income

"(5) A person's accepted estimated taxable income for a tax year is the taxable income according to the estimate that was most recently given to the Secretary by the person under subsection (3) and accepted by the Secretary.

Nil amounts of taxable income

"(6) For the purposes of this Subdivision, a person's assessed taxable income or accepted estimate of taxable income may be a nil amount.

Appropriate tax year

Appropriate tax year in ordinary cases

"198C.(1) Subject to this section, the appropriate tax year for a carer pension payday is the base tax year for that payday.

Note: For base tax year see subsection (6).

Change of appropriate tax year on request

"(2) If:

    (a) carer pension would not be payable to a person (the carer) because a care receiver would not pass the income test under subsection 198A(1) apart from this subsection; and

    (b) the carer or the care receiver gives the Secretary a