Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:4_25:p1
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 4 cl 25 (pt 1/2)
Character Range: 432889–435330

25  After subsection 159J(3)
Insert:

 (3AA) If:
 (a) but for this subsection, a taxpayer would be entitled, in his or her assessment in respect of a year of income, to a rebate under this section in respect of a dependant included in class 1 or 2 in the table in subsection (2); and
 (b) during part only of that year of income:
 (i) the taxpayer, or the taxpayer's spouse while being the taxpayer's partner as defined in the A New Tax System (Family Assistance) Act 1999, was eligible for family tax benefit at the Part B rate within the meaning of that Act; and
 (ii) clause 31 of Schedule 1 to that Act did not apply in respect of the Part B rate;
then:
 (c) the taxpayer has no entitlement to a rebate under this section in respect of that dependant for that part of the year of income; and
 (d) the rebate allowable to the taxpayer in respect of that dependant for the remainder of that year of income is, subject to the operation of subsection (3AB), such part of the relevant rebate amount specified in column 3 of the table in subsection (2) as, in the opinion of the Commissioner, is reasonable in the circumstances.

 (3AB) If:
 (a) but for this subsection, a taxpayer would be entitled, in his or her assessment in respect of a year of income, to a rebate under this section in respect of a dependant included in class 1 or 2 of the table in subsection (2); and
 (b) during the whole or a part of the year of income concerned:
 (i) the taxpayer, or the taxpayer's spouse while being the taxpayer's partner as defined in the A New Tax System (Family Assistance) Act 1999, was eligible for family tax benefit at the Part B rate within the meaning of that Act; and
 (ii) clause 31 of Schedule 1 to that Act applied in respect of that Part B rate because of the determination of a particular specified percentage under subsection 59(1) of that Act;
the rebate allowable to the taxpayer for the year of income, or that part of the year of income, (the shared care period) is to be worked out using the formula:
where:

A is the standard rate in respect of the taxpayer or the taxpayer's spouse worked out under clause 31 of Schedule 1 to the A New Tax System (Family Assistance) Act 1999.

applicable rebate amount is the amount of rebate that would have been allowable under this section in respect of the shared care period but for the application of this subsection.

B is the rate that would be the standard rate in respect of the