Document ID: chunk:federal_register_of_legislation:C2023C00183:clause:3_9:p1
Version: federal_register_of_legislation:C2023C00183
Segment Type: clause
Provision Reference: sch 3 cl 9 (pt 1/4)
Character Range: 88899–91420

9  Subdivision 61‑H of Division 61
Repeal the Subdivision, substitute:

Subdivision 61‑G—Private health insurance offset complementary to Part 2‑2 of the Private Health Insurance Act 2007

Guide to Subdivision 61‑G

61‑200  What this Subdivision is about
      You can choose to claim a tax offset for a premium, or an amount in respect of a premium, paid under a private health insurance policy instead of having the premium reduced under Division 23 of the Private Health Insurance Act 2007 or receiving a payment under Division 26 of that Act.

Table of sections

Operative provisions
61‑205 Entitlement to the private health insurance tax offset
61‑210 Amount of the private health insurance tax offset
61‑215 Tax offset after a person 65 years or over ceases to be covered by policy
61‑220 How to work out the incentive amount

Operative provisions

61‑205  Entitlement to the private health insurance tax offset
 (1) If you are an individual (other than an individual in the capacity of an employer), you are entitled to a *tax offset for the 2007‑08 income year or a later income year if:
 (a) a premium, or an amount in respect of a premium, was paid by you, or by your employer as a *fringe benefit for you, under a complying private health insurance policy (within the meaning of the Private Health Insurance Act 2007), on or after 1 July 2007; and
 (b) the premium, or amount in respect of a premium, was paid during the income year; and
 (c) each person insured under the complying health insurance policy during the period covered by the premium or amount is, for the whole of the time that he or she is insured under the policy during that period, an eligible person within the meaning of section 3 of the Health Insurance Act 1973, or treated as such because of section 6, 6A or 7 of that Act.
 (2) You are also entitled to the *tax offset if:
 (a) you are a trustee who is liable to be assessed under section 98 of the Income Tax Assessment Act 1936 in respect of a share of the net income of a trust estate; and
 (b) the beneficiary who is presently entitled to the share of the income of the trust estate would be entitled to the tax offset because of subsection (1).
 (3) However, you are not entitled to the *tax offset in respect of the payment of any premium, or any amount in respect of a premium, if:
 (a) you have received an amount under Division 26 of the Private Health Insurance Act 2007 in relation to the payment; or
 (b) the premium, or the amount in respect of a premium, was less than it