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INCOME TAX ASSESSMENT ACT 1997

CHAPTER 2 - LIABILITY RULES OF GENERAL APPLICATION  

PART 2-20 - TAX OFFSETS    View history reference

Division 61 - Generally applicable tax offsets    View history reference

Subdivision 61-IA - Child care tax offset    View history reference

Entitlement to the child care tax offset

SECTION 61-470  Who is entitled to the tax offset  

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61-470(1)  

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You are entitled to a *tax offset for an income year ending before 1 July 2007 (the child care offset year ) for *approved child care provided in the previous income year (the child care base year ) if:


(a) you are an individual; and


(b) there is at least 1 *child care base week for you and a particular child in the child care base year.

Example:

If there is at least 1 child care base week for you and a child in the 2004-2005 income year (the child care base year), you are entitled to a tax offset for the child for the 2005-2006 income year (the child care offset year).

61-470(2)  

A week is a child care base week for you and a particular child in the child care base year if:


(a) the week starts on a Monday in the child care base year (whether or not it finishes in the child care base year); and


(b) you are *entitled to child care benefit for *approved child care provided for the child in the week; and


(c) one or more of the following limits applies under Subdivision G of Division 4 of Part 3 of the A New Tax System (Family Assistance) Act 1999 to your *entitlement to child care benefit for that week:


(i) the 50 hour limit (see section 54 of that Act);

(ii) the more than 50 hour limit (see section 55 of that Act);

(iii) the 24 hour care limit for a particular session (or sessions) of care (see section 56 of that Act).

Note:

If one of the paragraph (c) limits applies, you satisfy the paragraph (c) condition even if you have not used approved child care for the child during the week up to the full extent of the limit.

61-470(3)  

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If you are *entitled to child care benefit subject to a limit of only 24 hours for a week under subsection 53(3) of the A New Tax System (Family Assistance) Act 1999 , the condition mentioned in paragraph (2)(c) is not satisfied for the week.

61-470(4)  

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The 50 hour limit is taken, for the purposes of paragraph (2)(c), to apply to your entitlement for child care benefit for the week if it would have applied but for the fact that you failed to meet the requirements of paragraph 17A(1)(b) of the A New Tax System (Family Assistance) Act 1999 in relation to the week.


 



This information is provided by CCH Australia Limited. View the disclaimer and notice of copyright.
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