Part 2Amount of child support payable under formula assessment made by Commissioner
Election that child support income be based on estimated taxable income for current year
42Revocation of election and subsequent elections
A person who has made an election in relation to a child support year may revoke the election, before or during the child support year, by giving notice to the Commissioner; and the revocation takes effect from the start of the election period to which any election applied.
If an election is in effect but the person then makes a later election,—
- if the Commissioner accepts the later election,—
- the later election takes effect from the start of the month in which the notice of election is given, and section 41 applies accordingly; and
- the earlier election ceases to have effect on the last day of the previous month:
- the later election takes effect from the start of the month in which the notice of election is given, and section 41 applies accordingly; and
- if the Commissioner does not accept the later election because the amount of year-to-date income plus the new estimated income is more than 85% of the person's original adjusted income, then the earlier estimate is deemed to be revoked:
- if the Commissioner does not accept the election for any other reason, the earlier estimate remains in effect.
A revocation is of no effect to the extent that it is inconsistent with an income amount order.
Notes
- Section 42: replaced, on , by section 13 of the Child Support Amendment Act 2013 (2013 No 12).
- Section 42(2)(b): amended, on , by section 9(2) of the Child Support Amendment Act 2021 (2021 No 6).
- Section 42(2)(b): amended, on , by section 20 of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).