Income
Tax (Companies, Corporate Unit Trusts and Superannuation Funds) Act 1981
No. 156 of 1981
An
Act to impose a tax upon incomes of companies, corporate unit trusts and
superannuation funds
[Assented to 26 October 1981]
BE
IT ENACTED by the Queen, and the Senate and the House of Representatives of the
Commonwealth of Australia, as follows:
Short
title
1. This Act may be cited
as the Income Tax (Companies, Corporate
Unit Trusts and Superannuation Funds) Act 1981.
Commencement
2. This Act shall come
into operation on the day on which it receives the Royal Assent.
Interpretation
3. (1) In this Act, unless the
contrary intention appears—
“Assessment
Act” means the Income Tax Assessment Act 1936;
“corporate
unit trust” means a unit trust that is a corporate unit trust within the
meaning of Division 6b of Part III
of the Assessment Act;
“friendly
society dispensary” means a friendly society dispensary to which Division 9a of Part III of the Assessment Act
applies;
“investment
income” has the same meaning as in Division 9b
of Part III of the Assessment Act;
“non-profit
company” means—
(a)
a company that is not carried on for the purposes of profit or gain to its
individual members and is, by the terms of the company’s constituent document,
prohibited from making any distribution, whether in money, property or
otherwise, to its members; or
(b)
a friendly society dispensary;
“superannuation
fund” means a provident, benefit, superannuation or retirement fund;
“tax”
means income tax referred to in sub-section 5 (1).
(2) In this Act, a
reference to investment income, net income or taxable income shall be read as a
reference to investment income, net income or taxable income, as the case may
be, of the year of income.
Incorporation
4. The Assessment Act is
incorporated, and shall be read as one, with this Act.
Imposition
of income tax
5. (1) Income tax is imposed in accordance with this Act and at the
rates declared in this Act.
(2) This Act does not
impose tax payable in accordance with section 121h, 128b, 128t, 128v
or 136a of the Assessment Act.
(3) This Act does not
impose tax payable by—
(a)
a natural person (other than a person in the capacity of a trustee of a
superannuation fund or in the capacity of a trustee of a corporate unit trust);
or
(b)
a company in the capacity of a trustee (other than a company in the capacity of
a trustee of a superannuation fund or in the capacity of a trustee of a
corporate unit trust).
(4) This Act does not
impose tax upon the taxable income of a non-profit company where that taxable
income does not exceed $416.
Rates
of tax payable by companies
6. (1) The rates of tax
payable by a company, other than a company in the capacity of a trustee, are as
set out in the following provisions of this section.
(2) The rate of tax in
respect of the taxable income of a company not being—
(a)
a private company; or
(b)
a non-profit company that is a friendly society dispensary, is 46%.
(3) In the case of a
company that is a private company, the rates of tax are—
(a)
in respect of the taxable income—46%; and
(b)
in respect of the undistributed amount in respect of which the company is
liable under section 104 of the Assessment Act to pay additional tax—50%.
(4) The rate of tax in
respect of the taxable income of a non-profit company that is a friendly
society dispensary is 41%.
(5) Where the taxable
income of a non-profit company other than a friendly society dispensary does
not exceed $2,542, the amount of tax payable by the company shall not exceed
55% of the amount by which the taxable income exceeds $416 less any rebate or
credit to which the company is entitled.
(6) Where the taxable
income of a non-profit company that is a friendly society dispensary does not
exceed $2,311, the amount of tax payable by the company shall not exceed 50% of
the amount by which the taxable income exceeds $416 less any rebate or credit
to which the company is entitled.
Rates
of tax payable by trustees of corporate unit trusts
7. The rate of tax payable
by a trustee of a corporate unit trust in respect of the net income of the
corporate unit trust in respect of which the trustee is liable, in pursuance of
section 102k of the Assessment
Act, to be assessed and to pay tax is 46%.
Rates
of tax payable by trustees of superannuation funds
8. (1) The rate of tax payable by a trustee of a superannuation fund
in respect of the taxable income of the fund in respect of which the trustee is
liable, in pursuance of section 121ca
or 121cb of the Assessment Act, to
be assessed and to pay tax is 50%.
(2) The rate of tax payable
by a trustee of a superannuation fund in respect of investment income of the
fund in respect of which the trustee is liable, in pursuance of section 121d of the Assessment Act, to be assessed
and to pay tax is 46%.
(3) The rate of tax payable
by a trustee of a superannuation fund in respect of the taxable income of the
fund in respect of which the trustee is liable, in pursuance of section 121da of the Assessment Act, to be assessed
and to pay tax is 60%.
Adjustment
where amount payable does not exceed 49 cents
9. (1) This section applies
for the purposes of the making of an assessment of tax under this Act in
respect of the income of a taxpayer of a year of income where, upon the making
of the assessment and the serving of notice of the assessment upon the
taxpayer, there would, but for this section, be a net amount of not more than
49 cents payable by the Commissioner to the taxpayer, or by the taxpayer to the
Commissioner, under the law relating to income tax, after taking into account
all liabilities of the taxpayer, and all rebates and credits allowable to the
taxpayer, under that law.
(2) Where this section
applies in relation to the making of an assessment—
(a)
if the amount of not more than 49 cents would be an amount payable to the
taxpayer—additional tax equal to that amount is imposed by this Act in respect
of the income of the taxpayer of the year of income; and
(b)
if the amount of not more than 49 cents would be an amount payable to the
Commissioner—the amount that, but for this section, would be the amount of
income tax imposed by this Act in respect of the income of the taxpayer of the
year of income, before the allowance of any rebate to which the taxpayer is
entitled, is reduced by so much of that amount of not more than 49 cents as
does not exceed the amount calculated by deducting the amount of any such
rebates from the amount that is to be so reduced.
(3) A reference in this
section to a liability of the taxpayer shall be read as including a reference
to a liability in respect of income tax notified to the taxpayer by the
Commissioner, notwithstanding that the amount of the liability has not become
due and payable.
(4) For the purposes of any
calculation under the law relating to income tax that depends upon the amount
of tax paid or payable by, or assessed in respect of the income of, a taxpayer,
the tax assessed and payable under an assessment in relation to which this
section applies shall be deemed to be the tax that would have been so assessed
and payable if this section had not applied.
Levy
of tax
10. (1) The tax imposed by this Act is levied, and shall be paid, for
the financial year that commenced on 1 July 1981.
(2) Until the Parliament
otherwise provides, the tax imposed by this Act is also levied, and shall be
paid, for the financial year commencing on 1 July 1982.
Act
to be deemed to be the Act declaring rates of income tax
11. For the purposes of
sub-section 104 (1) of the Assessment Act, this Act shall be deemed to be the
Act declaring the rates of income tax payable for the financial year that
commenced on 1 July 1981.
Instalments
of tax
12. (1) Instalments of tax are
payable by a trustee of a corporate unit trust, in accordance with the
provisions of Division 1a of Part
VI of the Assessment Act, in respect of the year of income that commenced on 1
July 1980.
(2)