Parent or parent in law tax offset

Tax offsets - what they do

Dependant tax offsets - parent or parent in law

Separate net income

Residence qualification

Partial tax offsets

 

Dependant tax offsets - a parent or parent in law is worth $1204, so can you claim your mum and dad?

The rebate is allowed for each parent that qualifies as a dependant.

Dependency involves a great deal more than mowing their lawns occasionally and giving them generous Christmas presents.

 

Answer this question….

Would the following dependant qualify as a dependent parent?

Your grandmother? 

Yes No

Not a parent

 

Answer this question….

Would the following dependant qualify as a dependent parent?

Father of your de facto wife? 

Yes No

 

Refer to sec 159J(6) definition

 

Separate net income

Section 159J(4) ignores the first $282 of a dependant's income.

However, for every $4 of income in excess of $282, it reduces the tax offset by $1.

Full details in the topic on separate net income

 

There is something of a Catch 22 operating with the separate net income restriction for parent rebate. Can you see what it is?

 

Most of the eligible persons would be eligible for some kind of government assistance, which would be included in their separate net income, thus reducing the rebate substantially, if not completely

Residence qualification

Section 159H(1) says that the tax offsets described in sections 159H to 159Z (subdivision A) apply if, and only if, the taxpayer is a resident.

The dependant must also be a resident.

Section 159J(1) states that where a person contributes to the maintenance of a dependant specified in section 159J(2), and that dependant is a resident then he is entitled to a tax offset.

For further details, refer to the topic on residence requirements for rebates

Partial tax offsets

Section 159J(3) empowers the Commissioner to allow only so much of the tax offset as is 'reasonable in the circumstances.'

In practice this is done on a proportionate basis - for further details refer to the topic on partial offsets

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