Document ID: chunk:federal_register_of_legislation:C2010A00016:clause:1_9
Version: federal_register_of_legislation:C2010A00016
Segment Type: clause
Provision Reference: sch 1 cl 9
Character Range: 1322–3354

9  After section 26‑20
Insert:

26‑22  Political contributions and gifts

You cannot deduct political contributions or gifts
 (1) You cannot deduct under this Act (other than Subdivision 30‑DA):
 (a) a contribution (including a membership fee) or gift to a political party that is registered under Part XI of the Commonwealth Electoral Act 1918 or under corresponding State or Territory legislation; or
 (b) a contribution or gift to an individual when the individual is a candidate in an election for members of:
 (i) an *Australian legislature; or
 (ii) a *local governing body; or
 (c) a contribution or gift to an individual who is a member of:
 (i) an Australian legislature; or
 (ii) a local governing body.

Exception for employees and office holders
 (2) However, subsection (1) does not apply to a loss or outgoing incurred in gaining or producing assessable income from which an amount is required to be withheld under section 12‑35 or 12‑45 in Schedule 1 to the Taxation Administration Act 1953.
Note: These provisions of the Taxation Administration Act 1953 require amounts to be withheld from income of employees and office holders.

Starting and stopping being a candidate
 (3) For the purposes of this section, an individual:
 (a) starts being a candidate when the individual's intention to be or to attempt to be a candidate for the election is publicly available; and
 (b) stops being a candidate at the earlier of:
 (i) the time when the result of the election is declared or otherwise publicly announced by an entity (an electoral official) authorised under the relevant electoral legislation; and
 (ii) the time (if any) when the individual's intention to no longer be a candidate for the election is publicly available.

Starting being a member
 (4) An individual who becomes a member as a result of an election (including an election that is later declared void) is taken to start being a member when the individual's election as a member is declared or otherwise publicly announced by an electoral official.