Income Tax Adjustment Act of 1946 (11 Geo Vi No. 23) (Qld)

HOUSING-INCOME TAX. 103 11 GEO. VI. No. 23, 1946. Income Tax Adjustment Act. 6. This Act and every Order in Council made under Opetation this Act shall, to the extent necessary to give operation of Act. and effect to the provisions hereof and of every such Order in Council, be read and construed as modifying- (i.) The provisions of the Principal Act and of any other Act or law hereinbefore in this Act mentioned; and (ii.) The provisions of *" The State Advances Act and Other Acts Relief Amendment Act of 1934" and t"TheStateAdvances Acts and OtherActs(Rate of Interest) Act of 1943," and any Order in Council made under such Acts or either of them; and (iii.) The terms and conditions of any mortgage, contract of sale, or other security securing any advance or purchase moneys hereinbefore in this Act mentioned, and not otherwise. INCOME TAX. An Act to Provide for Certain Adjustments of Income 11 N G o E . O 2 . 3 V . I. Tax heretofore paid. THE INCOME TA']( ADJUST)(DN'!' [ASSENTED TO 24TH DECEMBER, 1946.] ACT OF 1946. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Income Tax Short title. Adjustment Act of 1946." 2. (1.) Such refund of tax as will prevent double ~efunds of taxation by reason of the alteration of the period of lUcome t,a:&:. assessment provided for in section thirty-seven of t" The Income Tax Act Amendment Act of 1920 " may, notwith- standing the suspension by §" The Financial Arrangements and Development Aid Act of 1942" of section seven of II"TheIncomeTaxAssessmentActs,1936to1942,"bemade- (a) As respects a taxpayer who has died on or after the first day of July, one thousand nine hundred and forty-one, and before the passing of this Act; or .. 25 G. 5 No. 16. t 7 G. 6 No. 34. t 10 G. 5 No. 35. § 6 G. 6 No. 26. III E. 8 No. 32 and amending Acts.

INCOME TAX. Income Tax Adjustment Act. 11 GEO. VI. No. 23, Reba.te of income CSta.te develop- ment} tax. (b) As respects a taxpayer who dies on or after the passing of this Act; or (c) As respects a taxpayer who proves to the satisfaction of the Commissioner that, on or after the first day of July, one thousand nine hundred and forty-one, and before the passing of this Act, or after the passing of this Act, he has ceased to receive income that would be liable to tax under *" The Income Tax Assessment Acts, 19~36 to 1942," and t" The Income Tax Act of 1936 " had section seven of " The Income Tax Assessment Acts, 1936 to 1942," not been suspended. (2.) It is hereby declared that for the purposes of this section the last proviso to section thirty-seven of t" The Income Tax Act Amendment Act of 1920 " is and always was in force notwithstanding the repeal thereof. (3.) This sectim shall be read and construed as one with *" The Income Tax Assessment Acts, 1936 to 1942," and t" The Income Tax Act of 1936." 3. (1.) The rebate of tax prescribed by paragraph (d) of subsection two of section three of §" The Income (State Development) Tax Acts, 1938 to 1942," may, not- withstanding the suspension by 11" The Financial Arrange- ments and Development Aid Act of 1942," of section sixty thereof be made as respects a taxpayer- (i.) Who continued to be a taxpayer under Part IV. (A) of~" The Income (Unemployment Relief) Tax Acts, 1930 to 1935," and Part IV. (A) of §" The Income (State Development) Tax Acts, 1938 to 1942," for each and every year of income included in the period commenced on the first day of July, one thousand nine hundred and thirty-three, and ended on the thirtieth day of June, one thousand nine hundred and forty-one; and (ii.) Who derived income for the year of income ended on the thirtieth day of June, one thousand nine hundred and forty-two, which * I E. 8 No. 32 and amending Acts. tIE. 8 No. 33. ~ 10 G. 5 No. 35. § 2 G. 6 No. 22 and amending Acts. 116 G. 6 No. 26. ,-r 21 G. 5 No. I and amending Acts.

1946. INCOME TAX. Income Tax Adjustment Act. lOi would have been taxable under Part IV. (A) of *" The Income (State Development) Tax Acts, 1938 to 1942," had section sixty thereof not been suspended; and (iii.) To whom the right as prescribed by the said paragraph (d) to such rebate has accrued on or after the first day of July, one thousand nine hundred and forty-one, and before the passing of this Act, or to whom such right shall have accrued at any time after the passing of this Act, if the tax paid by such taxpayer under Part IV. (A) of t" The Income (Unemployment Relief) Tax Acts, 1930 to 1935," upon the income derived by him for the year of income ended on the thirtieth day of June, one thousand nine hundred and thirty-four, or the year of income ended on the thirtieth day of June, one thousand nine hundred and thirty-five (whichever was the less) exceeds the tax which such taxpayer would have paid under Part IV. (A) of *" The Income (State Development) Tax Acts, 1938 to 1942," had section sixty thereof not been suspended, upon the income derived by him for the year of income ended on the thirtieth day of June, one thousand nine hundred and forty-two. Such rebate shall be the amount of such excess. (2.) This section shall be read and construed as one with *" The Income (State Development) Tax Acts, 1938 to 1942." 4. An application for a refund or rebate of tax Applicationa hereinbefore in this Act mentioned shall be made to f1· t t8 the Commissioner of Taxes by or on behalf of the :n~usre~ : ~ . taxpayer or the estate of the taxpayer concerned, and upon the recommendation of the said Commissioner and upon proof to the satisfaction of the Treasurer that such taxpayer or his estate is entitled to such refund or rebate, the Treasurer shall make such refund or rebate. * 2 G. 6 No. 22 and amending Acts. t 21 G. 5 No. 1 and amending Acts. INDUSTRIES ASSISTANCE. See LABOUR.