The ATO has advised that legislation has been enacted to allow the Medicare levy and Medicare levy surcharge to be included in the calculation of the foreign income tax offset limit. Tax Laws Amendment (2010 Measures No 1) Bill 2010 received Royal Assent on 3 June 2010, and applies from 1 July 2008.
As the law applies from 1 July 2008, the ATO states that taxpayers are entitled to amend their 2009 assessment. The ATO will identify and contact those taxpayers who may be entitled to an amendment. Eligible taxpayers should submit a Request for amendment of income tax return for individual form (Nat 2843-06.2009) to claim their new foreign income tax offset amount.