Same-sex relationships recognised

These changes are significant for same sex couples and those eligible should review their overall circumstances. Transfer of assets concessions, main residence CGT concessions and Super spouse contribution offsets are significant changes that need careful examination as they may affect future financial outcomes.

The government has introduced reforms to remove discrimination to enable same-sex couples and their children to be recognised by Commonwealth law. These changes are part of a whole-of-government reform.
The amount of tax people are liable to pay may depend on whether they are (or were) in a relationship, or whether they have dependent children or relatives.

The reforms in relation to tax commenced on 1 July 2009. Changes to definitions of 'spouse', 'de facto relationship', 'relationship' and 'child' ensure that a person will now be treated the same way for tax purposes, including the same access to tax concessions, regardless of their partner's gender.

Tax concessions which may now be available to same-sex couples include:

Medicare levy and Medicare levy surcharge reduction or exemption
tax offsets for dependants (spouse, parent/spouse's parent, housekeeper, child-housekeeper, invalid relative)
net medical expenses tax offset
private health insurance rebate
baby bonus
senior Australians tax offset
pensioner and beneficiary tax offsets
education tax refund
spouse super contributions tax offset
concessions on relationship breakdown transfer of assets
main residence exemption for capital gains tax purposes
a tax free lump sum employment termination payment (ETP) to death benefits dependants provided the ETP is not above the ETP cap amount and the dependant is a tax dependant.

 
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