Income Tax Assessment Amendment Act (No. 5) 1982 (Cth)
Section
1. Short title, &c.
2. Commencement
3. Exemption of certain pensions
4. Insertion of new section—
46c. Rebate in respect of certain dividends paid to residents
5. Gifts, calls on afforestation shares, pensions, &c.
6. Persons to whom Division applies
7. Retention allowance
8. Rebates and provisional tax
9. Rebates for dependants
10. Sole parent rebate
11. Housekeeper
12. General concessional rebates
13. Premiums paid for basic health insurance
14. Repeal of section 159zf and substitution of new section—
159zf. Eligible and prescribed occupation of dwelling
15. Rebatable interest
16. Rebate of tax
17. Limitation of rebate under section 159zk where first occupation date before 1 July 1982
18. Limitation of rebate under section 159zk where first occupation date after 30 June 1982
19. Reduction of rebate limit in cases of co-ownership
20. Insertion of new sections—
159zna. Rebatable amounts
159znb. Rebate of tax
159znc. Entitlement to one rebate only
21. Rebate where interest paid by trustee
TABLE
OF PROVISIONS—
Section
22. Insertion of new section—
160aaa. Rebate in respect of certain pensions
23. Rebate in respect of payments received in lieu of annual leave or long service leave
24. Amendment of assessments
25. Provisional tax on estimated income
26. Deductions from mining payments
27. Formal amendments
28. Provisional tax for 1982-83 year of income
SCHEDULE
FORMAL AMENDMENTS
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
(a) by omitting sub-paragraph (b) (i) of the definition of “excepted payment” in sub-section (1) and substituting the following sub-paragraph:
“(i) Part IV, Part IVaaa, Part IVaa (to the extent to which that Part applies in relation to a pension under Part IV or a benefit under Part IVaaa) or sub-section 135t (6) or (7) of the
Social Security Act 1947;”; (b) by omitting “or in accordance with sub-section 135d (1) (to the extent to which section 135d applies in relation to a benefit under Part VII)” from paragraph (c) of the definition of “excepted payment” in sub-section (1); and
(c) by omitting paragraph (a) of the definition of “excepted pension” in sub-section (1) and substituting the following paragraph:
“(a) Part III, Part IVaa (to the extent to which that Part applies in relation to a pension under Part III) or section 135u of the
Social Security Act 1947;”.
“46c. (1) In this section—
‘eligible dividend’ means—
(a) a dividend paid by a company that is a resident;
(b) a unit trust dividend paid by the trustee of a unit trust that is a resident unit trust in relation to the year of income in which the dividend is paid; and
(c) a dividend paid by a company that is a non-resident, being a company the shares in which are listed for quotation in the official list of a stock exchange in Australia,
but does not include—
(d) an amount that is deemed to be, or to have been paid as, a dividend under sub-section 65 (1b) or 108 (1) or section 109;
(e) a dividend paid by a company that is a co-operative company within the meaning of Division 9 in relation to the year of income in which the dividend is paid;
(f) an amount that is, for the purposes of Division 6aa, included in the eligible assessable income of a year of income of a person who is a prescribed person in relation to the year of income for the purposes of that Division;
(g) an amount to which, in the opinion of the Commissioner, any part of the net income of a trust estate to which section 94 or Division 6aa applies is attributable; or
(h) an amount to which, in the opinion of the Commissioner, any part of the net income of a partnership to which section 94 applies is attributable;
‘eligible taxpayer’, in relation to a year of income, means—
(a) a taxpayer, other than a company or a taxpayer in the capacity of a trustee, who is a resident at any time during the year of income;
(b) a trustee of a trust estate who is liable to be assessed under section 98 in respect of a share of the net income of the trust estate of the year of income to which a beneficiary who was a resident at any time during the year of income is presently entitled; and
(c) a trustee of a trust estate that is a resident trust estate in relation to the year of income for the purposes of Division 6 who is liable to be assessed under section 99 in respect of the net income or a part of the net income of the trust estate of the year of income;
‘net eligible dividend income’, in relation to an eligible taxpayer in relation to a year of income, means—
(a) in the case of an eligible taxpayer not being a trustee—the amount (if any) remaining after deducting from the amount of the eligible dividends included in the assessable income of the taxpayer of the year of income the sum of—
(i) any deductions allowable to the taxpayer from income from dividends that relate directly to the eligible dividends; and
(ii) so much of any other deductions allowable to the taxpayer from income from dividends as, in the opinion of the Commissioner, may appropriately be related to the eligible dividends; and
(b) in the case of an eligible taxpayer being the trustee of a trust estate who is liable to be assessed—
(i) under section 98 in respect of a share of a beneficiary of the net income of the trust estate of the year of income, being a beneficiary who was a resident at any time during the year of income; or
(ii) under section 99 in respect of the net income or a part of the net income of the trust estate of the year of income,
so much of that share or of that net income or part, as the case may be, as is attributable to eligible dividends;
‘resident unit trust’, in relation to a year of income, means a unit trust that is a resident unit trust in relation to the year of income for the purposes of Division 6b;
‘unit trust dividend’ means a unit trust dividend within the meaning of Division 6b.
“(2) Where there is an amount of net eligible dividend income in relation to a year of income in relation to an eligible taxpayer not being a trustee, the eligible taxpayer is entitled to a rebate of tax in his assessment in respect of
income of the year of income of an amount equal to 30% of so much of the amount of the net eligible dividend income as does not exceed $1,000.
“(3) Where there is an amount of net eligible dividend income in relation to a year of income in relation to an eligible taxpayer being the trustee of a trust estate who is liable to be assessed—
(a) under section 98 in respect of a share of a beneficiary of the net income of the trust estate of the year of income, being a beneficiary who was a resident at any time during the year of income; or
(b) under section 99 in respect of the net income or a part of the net income of the trust estate of the year of income,
the eligible taxpayer is entitled to a rebate in that assessment of an amount equal to 30% of so much of the amount of the net eligible dividend income as does not exceed $1,000.”.
(a) by inserting after sub-paragraph (1) (a) (lxxi) the following sub-paragraphs:
“; (lxxii) a public fund established and maintained exclusively for the relief of persons (other than members of armed forces) who are in Lebanon, or are refugees from Lebanon, and who are in necessitous circumstances as a consequence of attacks upon, or the invasion of, that country by foreign forces;
(lxxiii) the National Parks Association of New South Wales, the Victorian National Parks Association, the Victoria Conservation Trust, the National Parks Association of Queensland, The Nature Conservation Society of South Australia Incorporated, the National Parks Foundation of South Australia Incorporated, the Western Australian National Parks and Reserves Association Incorporated, the Tasmanian Conservation Trust Incorporated and the National Parks Association of the Australian Capital Territory Incorporated;
(lxxiv) the United Nations Association of Australia Decade of Trees Greening Australia;
(lxxv) the Centre for Independent Studies;
(lxxvi) the Playford Memorial Trust;
(lxxvii) the Boy Scouts Association or the Girl Guides Association;
(lxxviii) Amnesty International,”; and
(b) by omitting from sub-section (6ae) “sub-paragraph (lxxi)” and substituting “sub-paragraph (1) (a) (lxxi) or (lxxii)”.
“(c) the minor is a person—
(i) in respect of whom a handicapped child’s allowance under the
Social Security Act 1947 was payable in respect of a period that included the last day of the year of income;(ii) to whom an invalid pension under that Act was payable in respect of a period that included the last day of the year of income; or
(iii) to whom a rehabilitation allowance under that Act was payable in respect of a period that included the last day of the year of income and who, immediately before becoming eligible to receive that allowance, was eligible to receive an invalid pension under that Act;”.
“(1b) Where, but for sub-section (1a), a taxpayer would be entitled in his assessment in respect of income of a year of income to a rebate under this section in respect of a dependant included in class 3 or 4 in the table in sub-section (2), the entitlement of the taxpayer to a rebate under this section in that assessment in respect of any dependant included in class 1 or 2 of that table shall be calculated as if the references in that table to $830 were references to $1,030.”.
“ ‘invalid relative’ means a person who is not less than 16 years of age and is a child, brother or sister of the taxpayer, being a person—
(a) to whom an invalid pension is being paid under the
Social Security Act 1947; (b) to whom a rehabilitation allowance is being paid under that Act and who, immediately before becoming eligible to receive that allowance, was eligible to receive an invalid pension under that Act; or
(c) in respect of whom the taxpayer produces to the Commissioner a certificate issued by a medical officer of the Department of Health, or by a medical practitioner appointed by the Director-General of Social Security for the purpose of examining claimants for invalid pensions under that Act, certifying that the person is permanently incapacitated for work within the meaning of Part III of that Act;”.
(a) by omitting sub-section (2) and substituting the following sub-section:
“(2) Subject to this section, the amount of the rebate allowable under this section in the assessment of the taxpayer in respect of income of a year of income shall be—
(a) in the case of a taxpayer who would, but for sub-section 159j (1A), be entitled to a rebate in that assessment under section 159j in respect of a dependant included in class 3 or class 4 in the table in sub-section 159j (2)—$1,030; and
(b) in any other case—$830.”.
(b) by omitting from paragraph (4) (b) “$830” and substituting “the amount specified in sub-section (2) in relation to the taxpayer”; and
(c) by omitting from sub-section (5) “of $830” and substituting “specified in sub-section (2) in relation to the taxpayer”.
“(6) For the purposes of
sub-sections (1) and (4), a person who is receiving a rehabilitation allowance
under the
“159zf. For the purposes of this Subdivision—
(a) a taxpayer shall be taken to be a prescribed occupier of a dwelling at a particular time if, at that time—
(i) the taxpayer occupied the dwelling as his sole or principal residence; and
(ii) the taxpayer had a relevant interest in the dwelling; and
(b) a taxpayer shall be taken to be an eligible occupier of a dwelling at a particular time if, at that time—
(i) the taxpayer was a prescribed occupier of the dwelling; and
(ii) the taxpayer did not have a disentitling spouse.”.
(a) by omitting from sub-section (1) “Subject to this Subdivision” and substituting “Subject to sections 159zl, 159zm, 159zn, 159znc, 159zo and 159zp”;
(b) by omitting from sub-section (1) “32%” and substituting “30%”;
(c) by omitting from sub-section (2) “Subdivision” and substituting “section”; and
(d) by omitting from sub-section (3) “Subdivision” and substituting “section”.
(a) by omitting “this Subdivision” from the definition of “annual rebate limit” in sub-section (1) and substituting “section 159zk”;
(b) by omitting from paragraph (2) (a) “section 159zo” and substituting “sections 159znc and 159zo”; and
(c) by omitting from paragraph (2) (a) “this Subdivision” and substituting “section 159zk”.
“159zna. (1) Subject to sub-sections (2), (3) and (4), where—
(a) a taxpayer has, during a year of income, paid an amount or amounts by way of interest in respect of a loan connected with a dwelling of which the taxpayer was a prescribed occupier at any time during the year of income;
(b) the amount or amounts was or were paid on or after 1 July 1982; and
(c) the interest accrued while the taxpayer was a prescribed occupier of the dwelling,
that amount, or the sum of those amounts, is an amount to which this section applies in relation to the taxpayer in relation to the year of income in respect of the loan connected with the dwelling.
“
(a) moneys lent to a taxpayer or to a taxpayer and another person by a building society were applied by him or them for housing purposes connected with a dwelling;
(b) having regard to the method in accordance with which payments to be made by borrowers from the building society in connection with their loans have been determined, the building society has credited or allowed an amount or amounts to the taxpayer or to the taxpayer and the other person, or has, or is to be regarded as having, treated an amount or amounts as having been credited or allowed to the taxpayer or to the taxpayer and the other person, in a year of income as an amount or amounts of, or in the nature of, interest on his or their subscriptions connected with the loan; and
(c) the assessable income of the taxpayer in respect of that year of income does not include the whole or a part of that amount or of those amounts,
the amount (if any) in relation to which this section would, but for this sub-section and sub-sections (3) and (4), apply in relation to the taxpayer in relation to the year of income in respect of the loan shall be reduced—
(d) in a case to which paragraph (e) does not apply—by the amount, or the sum of the amounts, referred to in paragraph (b); or
(e) if the loan was made to the taxpayer and another person—by an amount (not exceeding the amount, or the sum of the amounts, referred to in paragraph (b)) determined by the Commissioner.
“(3) Where—
(a) a taxpayer has, during a year of income, paid an amount or amounts by way of interest in respect of a loan connected with a dwelling of which the taxpayer was a prescribed occupier during the whole or a part of the year of income; and
(b) the loan was not applied by the taxpayer, or by the taxpayer and another person, wholly for purposes referred to in sub-section 159zd (1) in connection with the dwelling,
the amount to which this section would, but for this sub-section and sub-section (4), apply in relation to the taxpayer in relation to the year of income in respect of the loan shall be taken to be an amount to which this section applies in relation to the taxpayer in relation to the year of income in respect of the loan only to the same extent as the extent to which the loan was applied by the taxpayer, or by the taxpayer and another person, for purposes referred to in sub-section 159zd (1) in connection with the dwelling.
“(4) Where—
(a) a taxpayer has, during a year of income, paid an amount or amounts by way of interest in respect of a loan connected with a dwelling of which the taxpayer was a prescribed occupier during the whole or a part of the year of income; and
(b) the dwelling, a part of the dwelling, the building containing the dwelling, a part of that building, the parcel of land on which that building was constructed or a part of that parcel was, at any time during the year of income, or during that part of the year of income, as the case may be—
(i) used or held by the taxpayer for the purpose of gaining or producing income or for carrying on a business for the purpose of gaining or producing income; or
(ii) used by the taxpayer for any other purpose not being use of the dwelling as his sole or principal residence or a use related to his use of the dwelling as his sole or principal residence,
whether or not the dwelling was, at the same time, used by the taxpayer as his sole or principal residence,
the amount to which this section would, but for this sub-section, apply in relation to the taxpayer in relation to the year of income in respect of the loan shall be reduced by such amount as, in the opinion of the Commissioner, is reasonable in all the circumstances.
“(5) For the purposes of sub-section (4), where, in relation to a taxpayer in relation to a dwelling, any of the following conditions is satisfied:
(a) property (in this sub-section referred to as the ‘relevant property’), being the dwelling, a part of the dwelling, the building containing the dwelling, a part of that building, the parcel of land on which that building was constructed or a part of that parcel was acquired by the taxpayer for the purpose of profit-making by sale;
(b) an amount is included in the assessable income of the taxpayer of any year of income, or a deduction is allowable to the taxpayer under section 52 in relation to any year of income, in respect of a profit-making undertaking or scheme involving the disposal of, or the disposal of an estate or interest in, the relevant property;
(c) an amount is included in the assessable income of the taxpayer of any year of income under section 26aaa in respect of the disposal of, or the disposal of an estate or interest in, the relevant property,
the dwelling shall be taken to have been used by the taxpayer for the purpose of gaining or producing income—
(d) in a case to which paragraph (a) or (c) applies—at all times when the taxpayer owned the relevant property or an estate or interest in the relevant property; and
(e) in a case to which paragraph (b) applies—at all times when the taxpayer owned the relevant property or an estate or interest in the relevant property and held the relevant property or the estate or interest for the purposes of, or in connection with, the profit-making undertaking or scheme referred to in that paragraph.
“(6) Subject to sub-sections (7) and (8), where this section applies to an amount (in this sub-section referred to as the ‘relevant amount’) in relation to a taxpayer in relation to a year of income in respect of a loan connected with a dwelling of which the taxpayer was a prescribed occupier at any time during the year of income, so much of the relevant amount as exceeds an amount equal to 10% of the amount calculated in accordance with the formula , where—
A is an amount equal to the unpaid balance of the loan at the commencement of the year of income or, where the loan was made during the year of income, an amount equal to the amount of the loan;
B is an amount equal to the unpaid balance of the loan at the end of the year of income or, where at the end of the year of income no amount is owing on the loan, nil;
C is the number ascertained by dividing the number equal to the number of whole dollars in the relevant amount by the number equal to the number of whole dollars in the amount or the sum of the amounts by way of interest in respect of the loan that accrued during the year of income; and
D is the number of days during the year of income in respect of which interest accrued in respect of the loan,
is a rebatable amount in relation to the taxpayer in relation to the year of income in respect of the loan for the purposes of section 159znb.
“(7) For the purposes of the application of sub-section (6) in relation to a taxpayer in relation to a year of income in respect of a loan connected with a dwelling, where the Commissioner is satisfied that, having regard to the effect
(a) an amount or amounts having been paid at a particular time or times during the year of income in reduction of the unpaid balance of the loan otherwise than by way of the payment of an instalment in accordance with the terms of the contract under which the loan was made;
(b) the repayment of the unpaid balance of the loan at a particular time during the year of income; or
(c) an increase in the amount of the unpaid balance of the loan at a particular time during the year of income,
the amount representing the component of the formula in that sub-section is not a reasonable approximation of the amount that, in the opinion of the Commissioner, is the average unpaid balance of the loan during that part of the year of income during which interest accrued in respect of the loan, the Commissioner may make such adjustments to the amount representing that component as he considers fair and reasonable.
“(8) Subject to sub-sections (9) and (10), where—
(a) but for this sub-section, there would be a rebatable amount in relation to a taxpayer in relation to a year of income in respect of a loan connected with a dwelling; and
(b) the sum of—
(i) the amount that bears to the amount of the unpaid balance of the loan at the end of the year of income or, if the taxpayer was not a prescribed occupier of the dwelling at the end of the year of income, at the last time during the year of income at which the taxpayer was a prescribed occupier of the dwelling, the same proportion as the amount of that part of the loan that was applied for purposes referred to in sub-section 159zd (1) in connection with the dwelling bears to the amount of the loan; and
(ii) the amount (if any) that bears to the amount of the unpaid balance or the sum of the amounts of the unpaid balances of another loan or other loans at the time referred to in sub-paragraph (i) that were applied for housing purposes connected with the dwelling the same proportion as the amount of that part of that other loan or the sum of the amounts of those parts of those other loans that was or were applied for purposes referred to in sub-section 159zd (1) in connection with the dwelling bears to the amount of that other loan or the sum of the amounts of those other loans,
exceeds $60,000,
so much only of the amount referred to in paragraph (a) as does not exceed the amount that bears to that amount the same proportion as the amount of $60,000 bears to the sum referred to in paragraph (b) is a rebatable amount in
relation to the taxpayer in relation to the year of income in respect of the loan referred to in paragraph (a).
“(9) Where—
(a) but for this sub-section and sub-section (10), sub-section (8) would apply to reduce the amount of a rebatable amount in relation to a taxpayer in relation to a year of income in respect of a loan connected with a dwelling; and
(b) the building containing the dwelling, a part of that building, the parcel of land on which that building was constructed or a part of that parcel was, at any time during the year of income—
(i) used or held by the taxpayer for the purpose of gaining or producing income or for carrying on a business for the purpose of gaining or producing income; or
(ii) used by the taxpayer for any other purpose not being use of the dwelling as his sole or principal residence or a use related to his use of the dwelling as his sole or principal residence,
the Commissioner may, if in all the circumstances he considers it fair and reasonable to do so—
(c) direct that sub-section (8) does not apply to reduce the amount of the rebatable amount in relation to the taxpayer in relation to the year of income in respect of the loan referred to in paragraph (a); or
(d) direct that sub-section (8) applies to reduce the amount of the rebatable amount in relation to the taxpayer in relation to the year of income in respect of the loan referred to in paragraph (a) only to the extent that the Commissioner determines.
“(10) Where—
(a) but for this sub-section, sub-section (8) would apply to reduce the amount of a rebatable amount in relation to a taxpayer in relation to a year of income in respect of a loan connected with a dwelling; and
(b) during the year of income—
(i) the unpaid balance of the loan referred to in paragraph (a) or the unpaid balance or balances of another loan or other loans, being another loan or other loans that would, but for this sub-section, be taken into account in determining the amount ascertained under sub-paragraph (8) (b) (ii) for the purposes of the application of sub-section (8) in relation to the rebatable amount in respect of the loan referred to in paragraph (a), was or were increased and the amount of that increase or the amounts of those increases was or were applied for housing purposes connected with the dwelling; or
(ii) another loan or other loans was or were made, being another loan or other loans that would, but for this sub-section, be taken into account in determining the amount ascertained under sub-paragraph (8) (b) (ii) for the purposes of the application of sub-section (8) in relation to the rebatable amount in respect
of the loan referred to in paragraph (a), and that other loan or those other loans was or were applied for housing purposes connected with the dwelling,
the Commissioner may, if he is satisfied that, having regard to the time or times during the year of income when the increase or increases referred to in sub-paragraph (b) (i) occurred or when the other loan or other loans referred to in sub-paragraph (b) (ii) were made, the amount of that part of that increase or those increases or that part of that other loan or those other loans that would, but for this sub-section, be taken into account in determining the amount (in this sub-section referred to as the ‘relevant amount’) ascertained under paragraph (8) (b) for the purposes of the application of sub-section (8) in relation to the rebatable amount in respect of the loan referred to in paragraph (a), should not be taken into account in determining the relevant amount, direct that no part, or a specified part only, of that part of that increase or those increases or that no part, or a specified part only, of that part of that other loan or those other loans should be taken into account in determining the relevant amount.
“(11) Where a taxpayer has, during a year of income, paid an amount on account of interest that will fall due, in respect of a loan connected with a dwelling, during a subsequent year of income, then, for the purposes of this section, the amount shall be deemed not to have been paid by the taxpayer during the first-mentioned year of income but shall be deemed to have been paid by the taxpayer during the subsequent year of income.
“159znb. Subject to sections 159znc, 159zo and 159zp, a taxpayer is entitled to a rebate of tax in his assessment in respect of a year of income of an amount equal to 30% of—
(a) where there is only one rebatable amount in relation to the taxpayer in relation to the year of income for the purposes of this section—that rebatable amount; or
(b) where there are 2 or more such rebatable amounts in relation to the taxpayer in relation to the year of income—the sum of those rebatable amounts.
“159znc. Where, but for this section and section 159zo, a taxpayer would be entitled to a rebate of tax in his assessment in respect of a year of income under both section 159zk and section 159znb, the taxpayer is entitled to a rebate under only one of those sections, being the rebate the amount of which is the greater.”.
“160aaa. Where the assessable income of a taxpayer of a year of income includes an amount paid by way of pension, allowance or benefit under—
(a) the
Interim Forces Benefits Act 1947; (b) the
Repatriation Act 1920; (c) the
Repatriation (Far East Strategic Reserve )Act 1956; (d) the
Repatriation (Special Overseas Service )Act 1962; (e) the
Social Security Act 1947 other than Part VII of that Act; or(f) the
Tuberculosis Act 1948,
the taxpayer is entitled in his assessment in respect of income of the year of income to a rebate of tax of—
(g) if the taxable income of the taxpayer of the year of income does not exceed $5,429—5250; and
(h) if the taxable income of the taxpayer of the year of income exceeds $5,429—$250 reduced by 12.5 cents for each $1 of the amount of the excess.”.
(a) references in that section to $5,429 shall be read as references to $5,007;
(b) references in that section to $250 shall be read as references to $167; and
(c) the reference in that section to a pension, allowance or benefit under the
Social Security Act 1947 other than Part VII of that Act shall beread as a reference to a pension, allowance or benefit under the
Social Security Act 1947 other than—(i) Part VII of that Act; and
(ii) section 135d of that Act to the extent to which that section applies in relation to a benefit under Part VII of that Act.
(a) by omitting from paragraph (1) (b) “$17,894” and substituting “$19,500”;
(b) by omitting from paragraph (1) (d) “32%” and substituting “30%”;
(c) by inserting after the definition of “additional tax amount” in sub-section (2) the following definition:
“ ‘non-resident taxpayer’, in relation to a year of income, means a person who is, in relation to the year of income, a non-resident taxpayer within the meaning of sub-section 3 (1) of the
Income Tax (Rates )Act 1982;”; (d) by omitting from sub-section (2) the definition of “relevant income amount” and substituting the following definition:
“ ‘relevant income amount’ means—
(a) in the case of a taxpayer who is a resident taxpayer in relation to the year of income—
(i) if the taxable income of the taxpayer of the year of income exceeds the sum of—
(a) $4,595; and
(B) the amount that was included in the assessable income of the taxpayer of the year of income by virtue of section 26ac or sub-sections 26ad (2), (3) and (4) or, if 2 or more amounts were included in the assessable income of the taxpayer of the year of income by virtue of section 26ac and sub-sections 26ad (2), (3) and (4), the aggregate of the amounts so included,
the amount that was so included, or the aggregate of the amounts that were so included, as the case may be; and
(ii) if the taxable income of the taxpayer exceeds $4,595 but does not exceed the sum referred to in sub-paragraph (i)—so much of that taxable income as exceeds $4,595; and
(b) in the case of a taxpayer who is a non-resident taxpayer in relation to the year of income—the amount that was included in the assessable income of the taxpayer of the
year of income by virtue of section 26ac or sub-sections 26ad (2), (3) and (4) or, if 2 or more amounts were included in the assessable income of the taxpayer of the year of income by virtue of section 26ac and sub-sections 26ad (2), (3) and (4), the aggregate of the amounts so included;”; and
(e) by adding at the end of sub-section (2) the following definition:
“;’resident taxpayer’, in relation to a year of income, means a person who is, in relation to the year of income, a resident taxpayer within the meaning of sub-section 3 (1) of the
Income Tax (Rates )Act 1982.”.
(a) the reference in paragraph (1) (d) of that section to 30% shall be read as a reference to 30.67%;
(b) references in sub-section (2) of that section to $4,595 shall be read as references to $4,462; and
(c) sub-section (2) of that section shall be read as if paragraph (b) of the definition of “relevant income amount” were omitted and the following paragraph were substituted:
“(b) in the case of a taxpayer who is a non-resident taxpayer in relation to the year of income—
(i) if the taxable income of the taxpayer of the year of income exceeds the sum of—
(a) $585; and
(B) the amount that was included in the assessable income of the taxpayer of the year of income by virtue of section 26ac or sub-sections 26ad (2), (3) and (4) or, if 2 or more amounts were included in the assessable income of the taxpayer of the year of income by virtue of section 26ac and sub-sections 26ad (2), (3) and (4), the aggregate of the amounts so included,
the amount that was so included, or the aggregate of the amounts that were so included, as the case may be; and
(ii) if the taxable income of the taxpayer exceeds $585 but does not exceed the sum referred to in sub-paragraph (i)—so much of that taxable income as exceeds $585;”.
(a) by omitting from paragraph (1) (da) “79a or 79b or under Subdivision A of Division 17 of Part III” and substituting “46c, 79a or 79b, under Subdivision A or AA of Division 17 of Part III or under section 160aaa”; and
(b) by omitting from sub-paragraph (2) (a) (ii) “79a or 79b or under Subdivision A of Division 17 of Part III” and substituting “46c, 79a or 79b, under Subdivision A or AA of Division 17 of Part III or under section 160aaa”.
(a) if paragraph 221yc (1) (a) of the Assessment Act applies to the taxpayer—the amount of provisional tax payable by the taxpayer in respect of the relevant year of income by virtue of that paragraph is the
amount ascertained by deducting from the amount of income tax that would have been assessed in respect of the amount that would have been the taxable income of the taxpayer of the year of income next preceding the relevant year of income (in this paragraph referred to as the “next preceding year of income”) if—
(i) the taxable income of the taxpayer of the next preceding year of income had, except for the purpose of determining the notional income for the purpose of section 59ab, 86 or 158d of the Assessment Act, been increased by 10%;
(ii) where, for the purposes of Division 6aa of Part III of the Assessment Act, the eligible taxable income of the taxpayer of the next preceding year of income exceeded $1,040—that eligible taxable income had been increased by 10%;
(iii) for the purposes of section 156 of the Assessment Act, the deemed taxable income from primary production of the taxpayer of the next preceding year of income had been increased by 10%;
(iv) the
Income Tax (Rates )Act 1976 had not applied in relation to assessments in respect of the next preceding year of income and theIncome Tax (Rates )Act 1982 had applied in relation to such assessments as if references in that last-mentioned Act to the year of income or financial year that commenced on 1 July 1982 included references to the year of income or the financial year, as the case may be, that commenced on 1 July 1981; and(v) the taxpayer were not entitled to any rebate or credit in his assessment,
the sum of—
(vi) the amount of—
(a) the rebates (if any) to which the taxpayer was entitled under sections 23ab, 79a and 79b of the Assessment Act in his assessment in respect of the next preceding year of income; or
(b) where the Commissioner, having regard to the information included in the taxpayer’s return of income in respect of the next preceding year of income, is of the opinion that, if the amendments to the Assessment Act made by sub-sections 9 (1), 10 (1) and 11 (1) of this Act, as those amendments apply to assessments in respect of the relevant year of income, had been in force and had applied to assessments in respect of the next preceding year of income, the amount of the rebates to which the taxpayer would have been entitled under sections 23ab, 79a and 79b of the Assessment Act in his assessment in respect of the next preceding year of income would have been greater than the amount of the rebates referred to in sub-sub-paragraph (A)—the sum
of the rebates referred to in sub-sub-paragraph (a) and such amount, not exceeding $66.50, as the Commissioner considers reasonable;
(vii) where the Commissioner, having regard to the information included in the taxpayer’s return of income in respect of the next preceding year of income, is of the opinion that, if the amendment to the Assessment Act made by sub-section 4 (1) of this Act, as that amendment applies to assessments in respect of the relevant year of income, had been in force and had applied to assessments in respect of the next preceding year of income, the taxpayer would have been entitled to a rebate in his assessment in respect of the next preceding year of income—the amount of the rebate to which, in the opinion of the Commissioner, the taxpayer would have been entitled;
(viii) the rebate (if any) to which the taxpayer would have been entitled under section 156 of the Assessment Act in his assessment in respect of the next preceding year of income if the conditions set out in sub-paragraphs (i) to (iv) (inclusive) were applicable for the purposes of making that assessment other than for the purpose of determining the average income of the taxpayer for the purposes of the application of Division 16 of Part III of the Assessment Act;
(ix) the amount of—
(A) the rebates (if any) to which the taxpayer was entitled under sections 159j, 159k and 159l of the Assessment Act in his assessment in respect of the next preceding year of income; or
(B) where the Commissioner, having regard to the information included in the taxpayer’s return of income in respect of the next preceding year of income, is of the opinion that, if the amendments to the Assessment Act made by sub-sections 9 (1), 10 (1) and 11 (1) of this Act, as those amendments apply to assessments in respect of the relevant year of income, had been in force and had applied to assessments in respect of the next preceding year of income, the amount of the rebates to which the taxpayer would have been entitled under sections 159j, 159k and 159l of the Assessment Act in his assessment in respect of the next preceding year of income would have been greater than the amount of the rebates referred to in sub-sub-paragraph (A)—the sum of the amount of the rebates referred to in sub-sub-paragraph (A) and $133;
(x) where the Commissioner, having regard to the information included in the taxpayer’s return of income in respect of the next preceding year of income, is of the opinion that, if the amendment to the Assessment Act made by sub-section 22 (1)
of this Act, as that amendment applies to assessments in respect of the relevant year of income, had been in force and had applied to assessments in respect of the next preceding year of income, the taxpayer would have been entitled to a rebate in his assessment in respect of the next preceding year of income—the amount of the rebate to which, in the opinion of the Commissioner, the taxpayer would have been entitled; and
(xi) the rebates and credits (other than a rebate under section 23ab, 79a, 79b, 156, 159j, 159k or 159l of the Assessment Act) to which the taxpayer was entitled in his assessment in respect of income of the next preceding year of income; and
(b) if paragraph 221yc (1) (b) of the Assessment Act applies to the taxpayer—the amount of provisional tax payable by the taxpayer in respect of the relevant year of income by virtue of that paragraph is—
(i) in a case where—
(a) paragraph 221yc (1) (a) of the Assessment Act would apply to the taxpayer in relation to the relevant year of income but for sub-section 221ya (5) of that Act; and
(b) the taxpayer is a taxpayer to whom paragraph 221ya (5) (a) of the Assessment Act applies, but paragraph 221ya (5) (b) of that Act does not apply, in relation to the relevant year of income,
the amount that would be payable by the taxpayer under paragraph 221yc (1) (a) of the Assessment Act (as affected by paragraph (a) of this section) if sub-section 221ya (5) were not included in that Act and Division 16c of Part III of that Act were not applicable in relation to the year of income next preceding the relevant year of income;
(ii) in a case where—
(a) paragraph 221yc (1) (a) of the Assessment Act would apply to the taxpayer in relation to the relevant year of income but for sub-section 221ya (5) of that Act; and
(b) the taxpayer is a taxpayer to whom paragraph 221ya (5) (b) of the Assessment Act applies, but paragraph 221ya (5) (a) of that Act does not apply, in relation to the relevant year of income,
the amount that would be payable by the taxpayer under paragraph 221yc (1) (a) of the Assessment Act (as affected by paragraph (a) of this section) if sub-section 221ya (5) were not included in that Act and the taxable income of the taxpayer of the year of income next preceding the relevant year of income had been increased by the aggregate of the deductions allowed or allowable to the taxpayer under section 124zaf of that Act in his assessment in respect of the year of income next preceding the relevant year of income;
(iii) in a case where—
(a) paragraph 221yc (1) (a) of the Assessment Act would apply to the taxpayer in relation to the relevant year of income but for sub-section 221ya (5) of that Act; and
(b) the taxpayer is a taxpayer to whom paragraphs 221ya (5) (a) and (b) of the Assessment Act apply in relation to the relevant year of income,
the amount that would be payable by the taxpayer under paragraph 221yc (1) (a) of the Assessment Act (as affected by paragraph (a) of this section) if—
(c) sub-section 221ya (5) were not included in the Assessment Act;
(d) Division 16c of Part III of the Assessment Act were not applicable in relation to the year of income next preceding the relevant year of income; and
(e) the amount that, but for this sub-sub-paragraph, would have been the taxable income of the taxpayer of the year of income next preceding the relevant year of income had been increased by the aggregate of the deductions allowed or allowable to the taxpayer under section 124zaf of the Assessment Act in his assessment in respect of the year of income next preceding the relevant year of income; and
(iv) in any other case—the amount that would be payable by the taxpayer under paragraph (a) of this section if the provisions of that paragraph applied to the taxpayer in relation to his income of the relevant year of income and—
(a) the taxable income of the taxpayer of the year of income next preceding the relevant year of income had been equal to the amount that the Commissioner estimates would have been his provisional income if Division 16c of Part III of the Assessment Act were not applicable in relation to the year of income next preceding the relevant year of income increased by the aggregate of the deductions (if any) allowed or allowable to the taxpayer under section 124zaf of the Assessment Act in his assessment in respect of the year of income next preceding the relevant year of income;
(b) for the purposes of Division 16 of Part III of the Assessment Act, the deemed taxable income from primary production of the taxpayer of the year of income next preceding the relevant year of income were such amount (if any) as the Commissioner determines; and
(c) for the purposes of Division 6aa of Part III of the Assessment Act, the amount of the eligible taxable
income of the taxpayer of the year of income next preceding the relevant year of income were such amount (if any) as the Commissioner determines.
————
FORMAL AMENDMENTS
Provision | Amendment |
Paragraph 16 (4) (e)....................... |
|
(b) Omit “, endowments”. | |
|
|
|
|
|
|
|
|
Sub-paragraph 23ad (3) (d) (i)..... | (a) Omit “, endowment”. |
| |
|
|
| |
Paragraph 102ac (2) (d)................ |
|
Paragraphs 102ac (2) (e) and (f) |
|
Paragraph 102ac (3) (a)................ |
|
|
|
| |
Paragraph 159l (1) (c)................... |
|
Sub-section 159l (4)...................... |
|
Sub-section 251r (3a)................... |
|
|
1. No. 27, 1936, as amended. For previous amendments, see No. 88, 1936; No. 5, 1937; No. 46, 1938; No. 30, 1939; Nos. 17 and 65, 1940; Nos. 58 and 69, 1941; Nos. 22 and 50, 1942; No. 10, 1943; Nos. 3 and 28, 1944; Nos. 4 and 37, 1945; No. 6, 1946; Nos. 11 and 63, 1947; No. 44, 1948; No. 66, 1949; No. 48, 1950; No. 44, 1951; Nos. 4, 28 and 90, 1952; Nos. 1, 28, 45 and 81, 1953; No. 43, 1954; Nos. 18 and 62, 1955; Nos. 25, 30 and 101, 1956; Nos. 39 and 65, 1957; No. 55, 1958; Nos. 12, 70 and 85, 1959; Nos. 17, 18, 58 and 108, 1960; Nos. 17, 27 and 94, 1961; Nos. 39 and 98, 1962; Nos. 34 and 69, 1963; Nos. 46, 68, 110 and 115, 1964; Nos. 33, 103 and 143, 1965; Nos. 50 and 83, 1966; Nos. 19, 38, 76 and 85, 1967; Nos. 4, 60, 70, 87 and 148, 1968; Nos. 18, 93 and 101, 1969; No. 87, 1970; Nos. 6, 54 and 93, 1971; Nos. 5, 46, 47, 65 and 85, 1972; Nos. 51, 52, 53, 164 and 165, 1973; No. 216, 1973 (as amended by No. 20, 1974); Nos. 26 and 126, 1974; Nos. 80 and 117, 1975; Nos. 50, 53, 56, 98, 143, 165 and 205, 1976; Nos. 57, 126 and 127, 1977; Nos. 36, 57, 87, 90, 123, 171 and 172, 1978; Nos. 12, 19, 27, 43, 62, 146, 147 and 149, 1979; Nos. 19, 24, 57, 58, 124, 133, 134 and 159, 1980; Nos. 61, 108, 109, 110, 111, 154 and 175, 1981; and Nos. 29, 38, 39, 76 and 80, 1982.
0
0
0