4.4.5.20 Income tax return not lodged

Income tax return not lodged

If an individual and/or their partner who receives FTB are required to lodge an income tax return in respect of an income year (1.1.I.75), they should do so by the end of the lodgement year (1.1.L.30) (the financial year following the income year). If they fail to do so, a decision can be made to the effect that they are not entitled to FTB for the income year for which the required tax return has not been lodged. In that instance the amount already received for that year must be raised as a debt and recovered. This debt is known as a non-lodger debt.

Individuals who are not required to lodge a tax return will also have their FTB entitlement for the relevant income year raised as a debt, if they fail to notify Centrelink that they and/or their partner are not required to lodge an income tax return.

Explanation: An individual's FTB entitlement for the relevant income year is raised as a debt because failure to lodge an income tax return, or failure to notify Centrelink that they are not required to lodge a tax return has the same effect as not being entitled to the payment. This determination only relates to the relevant income year and does not affect an individual's ongoing entitlement to FTB.

A prohibition of FTB instalment payments may apply if an individual and/or their partner have an outstanding non-lodger debt after a 75 day grace period (see 6.4.3.40).

Act reference: FA(Admin)Act section 28 Variation of instalment and past period entitlement determinations where income tax return not lodged, section 32AA Non payment of FTB for non lodgement of tax returns

Tax return subsequently lodged in the second lodgement year

Where the outstanding tax return is subsequently lodged in the second income year following the entitlement year, the non-lodger determination must be varied further, effectively extinguishing the non-lodger debt for the entitlement year. However, the individual's entitlement for that year will be recalculated taking into account, the newly available assessment of taxable income.

The further variation may result in a debt, nil adjustment, or, if an extension has been granted due to special circumstances, a top-up (including supplements).

Act reference: FA(Admin)Act section 28 Variation of instalment and past period entitlement determinations where income tax return not lodged

Tax return subsequently lodged after the second lodgement year

Where the outstanding tax return is lodged after the second income year following the year of entitlement, the non-lodger determination must be varied, taking into account the newly available assessment of taxable income. However, the variation may only result in a debt or nil adjustment. No top-ups (including supplements) are payable in this instance.

Act reference: FA(Admin)Act section 28 Variation of instalment and past period entitlement determinations where income tax return not lodged

Last reviewed: 6 May 2019