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Comment: 2018 compliance
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The measure introduced as part of Tax Laws Amendment (2011 Measures No.4) Act 2011 removes the ability of minors (children under 18 years of age) to use the Low income tax offset to offset tax due on their unearned income, such as dividends, interest, rent, royalties and other income from property. This will reduce the benefits of income splitting between adults and children.

From 1 July 2011, minors will not be eligible for the Low income tax offset on unearned income.

Rules

For the next three income years ending 30 June 2016, 2017 and 2018 the rates applied to the unearned income of minors has been increased to cover firstly the 0.5% increase in the Medicare Levy (this is not restricted to the next three years) and the 2% Temporary Budget Repair Levy.

Resident MinorsThe rules apply to income derived by the minor directly or through a trust. Where the minor is an Australian resident the special rules do not apply if the eligible taxable income is $416 or less. Eligible taxable income between $416 and $1,307 is taxed at 68 per cent 68% on the part of the relevant taxable income exceeding $416, thereby phasing in the special tax rates. Eligible taxable income of $1,308 and more is taxed at a flat 47 per cent. If the earned income of a minor should exceed $180,000 the Temporary Budget Repair Levy of 2% will be applied to the amount that is in excess of $180,000.47%.
Non-resident MinorsA foreign resident minor is taxed at 3432.5 per cent 5% on the first $416 of unearned income, at 68 per cent 66% on eligible taxable income between $416 and $732 $663 and at 47 per cent 45% on relevant income of $733 $663 and more. As both apply to non-resident minors, the same rates will be applied to the unearned income.
All MinorsMinors will still be able to use the Low income tax offset to reduce tax payable on their work income.
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titleExample: Minor with excepted income

Joanna has income from part-time work of $10,000 and unearned income subject to Division 6AA of Part III of the ITAA 1936 of $2,000. Her $10,000 of work income is subject to the normal income tax rates and tax due on this income is $600. Her $2,000 of unearned income is taxed at 47 per cent and tax due on this income is $940. Fiona has a total gross tax liability of $1,540.

Under the old rules, Fiona could use the Low income tax offset to reduce tax on her total income to zero. Under these rules, Fiona can still reduce tax on her work income to zero by using the Low income tax offset, but is not able to reduce tax on her unearned income. Fiona now has a net total tax liability of $940.


For persons under age 18 completing Form I

Schedule U is accessed from item A1 in the Individual return. Amounts entered in Part B are totalled and integrated to label J at item A1. This income is not subjected to the higher Div6AA rates and tax is calculated at standard rates.

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titlePart A - Excepted persons

Do you claim to be an excepted person on the grounds that at 30th June 2017 2018 you:

  • Worked full-time or full-time for 3 months or more in 20162017-17 18 (ignoring full-time work that was followed by full-time study)? AND
  • Intend to work full-time for most or all of 20172018-18 19 and not study full-time in 20172018-1819?
  • Were entitled to a disability support pension or someone was entitled to a carer allowance to care for you?
  • Were permanently blind?
  • Were disabled and were likely to suffer from that disability permanently or for an extended period?
  • Were entitled to double orphan pension, and you received little or no financial support from your relatives?
  • Were unable to work full-time because of permanent mental or physical disability and you received little or no financial support from your relatives?
  • Were the main beneficiary of a special disability trust?

If you were in any of the above categories on 30 June 20172018, all of your income will be taxed at standard rates.

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titlePart B - All or part of your income is excepted

Do you claim that any part of your income is excepted income on the grounds that it was:

  • Employment income paid by an employer
  • Taxable pensions or payments from Centrelink or the Department of Veterans' Affairs
  • A compensation, superannuation and pension fund benefit
  • Income from a deceased person’s estate
  • Income from property transferred to you because of another's death or family breakdown, or to satisfy a claim for damages for an injury you suffered
  • Income from your own business
  • Income from a partnership in which you were an active partner
  • Net capital gains from the disposal of any of the property or investments referred to above
  • Income from investment of amounts referred to above
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titleIntegration

Total Excepted Income is the total of the income entered at Part B. Subtract the amount of deductions from excepted income to give the Net excepted income.

Net Excepted Income integrates to item A1 label J.

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Supporting schedules and worksheets