Document ID: chunk:federal_register_of_legislation:C2004A00969:clause:1_2:p1
Version: federal_register_of_legislation:C2004A00969
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 1/5)
Character Range: 1469–4083

2  Section 61‑345 (link note)
Repeal the link note, substitute:

Subdivision 61‑I—First child tax offset (baby bonus)

Guide to Subdivision 61‑I

61‑350  What this Subdivision is about

      You are entitled to a tax offset for your first child, for income years up to and including the year the child turns 5, if you meet certain conditions.
      The amount of the offset is usually based on your tax liability in the year before you became responsible for the child, and on a comparison between your taxable income in that year and the year you are claiming for. However, if you are a low income taxpayer, a minimum offset will generally be available.
      Instead of claiming the offset yourself, you may transfer your entitlement to your spouse.

Table of sections

Entitlement to the first child tax offset

61‑355 Who is entitled to the tax offset
61‑360 What is a child event?
61‑365 First child only
61‑370 Another carer with entitlement for another child
61‑375 Selection rules
61‑380 Special rules for death of first child

Transferring the entitlement

61‑385 You may transfer your entitlement to the tax offset
61‑390 Transfer is irrevocable
61‑395 Transferor is not entitled to tax offset
61‑400 Transferee is entitled to tax offset

Claiming the first child tax offset

61‑405 How to claim a tax offset for a child
61‑410 Claim is irrevocable

Amount of the first child tax offset

61‑415 Formula for working out amount of tax offset
61‑420 Component of formula—entitlement amount
61‑425 Component of formula—total of the entitlement days
61‑430 What is your base year?

[This is the end of the Guide.]

Entitlement to the first child tax offset

61‑355  Who is entitled to the tax offset

 (1) You are entitled to a *tax offset for a child for an income year if you meet the conditions in subsection (3) at any time in the income year.

 (2) To meet those conditions for a child at a given time is to have a primary entitlement to the *tax offset for the child at that time.

 (3) The conditions are that:
 (a) you have had a *child event (see section 61‑360) in relation to the child (whether or not in the income year); and
 (b) section 61‑365 (first child only) does not prevent you from having a *primary entitlement to the offset for the child; and
 (c) at the time:
 (i) the child is less than 5; and
 (ii) you are *legally responsible for the child; and
 (iii) the child is in your care; and
 (iv) you are an Australian resident; and
 (v) section 61‑370 (another carer) does not prevent you from having a primary entitlement to the offset for the child; and
 (vi) if section 61‑375