56Taxable income is as assessed under Income Tax Assessment Act

#### 56 Taxable income is as assessed under Income Tax Assessment Act Meaning of taxable income (1) For the purposes of assessing a parent in respect of the costs of a child in relation to a child support period, if the parent’s taxable income has been assessed under an Income Tax Assessment Act for the last relevant year of income in relation to the child support period, the parent’s taxable income for that year is the amount as so assessed. > Note: Sections 34A and 57 are also relevant to a person’s taxable income. When amended tax assessment may be taken into account (2) If, after an administrative assessment of child support is made, the assessment (the tax assessment) of a parent’s taxable income is amended (whether or not because of an objection, appeal or review), the Registrar may amend the administrative assessment to take account of the amendment to the tax assessment. Retrospective determinations (2A) An amendment of the administrative assessment under subsection (2) must be on the basis that the parent’s adjusted taxable income for that year of income is, and has always been, the amount worked out as a result of the amended tax assessment if: (a) the parent’s adjusted taxable income worked out as a result of the amended tax assessment is higher than the parent’s previous adjusted taxable income; or (b) the parent applied for the amendment of the tax assessment on or before: (i) the day by which the parent was required to lodge his or her income tax return for that year of income with the Commissioner of Taxation (taking into account any deferral under section 388‑55 in Schedule 1 to the Taxation Administration Act 1953); or (ii) the end of 28 days after the parent was given the tax assessment (including an amended tax assessment) by the Commissioner of Taxation; or (iii) the end of 28 days after the parent becomes aware that the tax assessment is not correct if the parent did not apply for the amendment on or before a day referred to in subparagraph (i) or (ii) because of circumstances beyond the knowledge or control of the parent; or (c) the parent did not apply for the amendment of the tax assessment on or before any of the days referred to in paragraph (b), but the Registrar is satisfied that special circumstances exist. Prospective determinations (2B) If subsection (2A) does not apply, an amendment of the administrative assessment under subsection (2) for a child support period must be on the basis that for each later day in the period the parent’s adjusted taxable income for that year of income is the amount worked out as a result of the amended tax assessment. Date of assessment of a parent’s taxable income taken to be date of notice of the assessment (3) For the purposes of this section, if: (a) notice of an assessment (including an amended assessment) of a parent’s taxable income under an Income Tax Assessment Act has been served on the parent under the Income Tax Assessment Act 1936; and (b) the notice is dated; then the assessment is taken to have been made on the date of the notice. Section not to affect determinations, court orders or consent orders (4) This section does not prevent: (a) the Registrar from making any determination under Part 6A (departure determinations); or (b) a court from making any order under Division 4 of Part 7 (departure orders); or (c) the making, and acceptance by the Registrar, of a child support agreement that includes provisions that have effect for the purposes of this Part as if they were such an order made by consent.