Income Tax Regulations (Amendment) (Cth)
__________________
I, THE
GOVERNOR-GENERAL of the Commonwealth of Australia,
acting with the advice of the Federal Executive Council, make the following
Regulations under the
Dated 29 November 1995.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
GEORGE GEAR
Assistant Treasurer
____________
1.1 Subregulation 4.3 is taken to have commenced on 1 July 1991.
1.2 Subregulations 3.4, 3.7 and 4.5 are taken to have commenced on 1 July 1992.
1.3 Subregulations 3.1 and 3.2 are taken to have commenced on 28 January 1993.
[NOTE: The remainder of these Regulations commence on
gazettal: see
2.1 The Income Tax Regulations are amended as set out in these Regulations.
3.1 Definition of “18-20 at-home-rate benefit”:
Omit “item 2”, substitute “item 1”.
3.2 Definition of “18-20 independent-rate benefit”:
Omit “item 1”, substitute “item 2”.
3.3 Definition of “18-20 partnered-rate benefit”:
Omit “item 6 or 8”, substitute “item 6, 8 or 10”.
3.4 Insert the following definition:
“
3.5 Definition of “21 and over single-rate benefit”:
Omit “item 3 or 4”, substitute “item 3, 4, 4A or 4B”.
3.6 Definition of “dependent partner-rate benefit”:
Omit paragraphs (c), (d), (e), and (f).
3.7 Definition of “over 21 single-rate benefit”:
Omit the definition.
3.8 Definition of “prescribed pension”:
Omit the definition.
3.9 Definition of “sole-parent-rate benefit” (paragraph (b)):
Omit “items 1 to 4 (inclusive)”, substitute “items 1 to 5”.
3.10 Definition of “under-18 partnered-rate benefit”:
Omit “item 3 or 4”, substitute “item 3, 4 or 5”.
3.11 Definition of “Veterans’ Children Entitlement Scheme”:
Omit “Entitlement”, substitute “Education”.
3.12 Insert the following definitions:
“
(a) has turned 21; and
(b) is not a member of a couple; and
(c) does not have a dependent child;
(a) columns 2 and 3A of item 3 of Table B at point 1067-B1 of SSA91; or
(b) columns 2 and 3A of item 6 or 7 of Table B at point 1068-B1 of SSA91;
(a) has turned 21; and
(b) is partnered; and
(c) does not have a dependent child;
(a) columns 2 and 3A of item 8 of Table B at point 1068-B1 of SSA91; or
(b) columns 2 and 3A of item 9 of that Table; or
(c) columns 2 and 3B of item 9 of that Table;
[Note: Paragraph (da) of the
definition of ‘rebatable benefit’ in subsection 160AAA (1) of the Act
refers to drought relief payments under the
(a) columns 2 and 3A of item 4 of Table B at point 1067-B1 of SSA91; or
(b) columns 2 and 3A of item 8 or 9 of Table B at point 1068-B1 of SSA91; or
(c) columns 2 and 3B of item 9 of Table B at point 1068-B1 of SSA91;
(a) columns 2 and 3A of item 3 of Table B at point 1067-B1 of SSA91; or
(b) columns 2 and 3A of item 6 or 7 of Table B at point 1068-B1 of SSA91; or
(c) columns 2 and 3B of item 7 of Table B at point 1068-B1 of SSA91;
[Note: Paragraph (b) of the
definition of ‘rebatable benefit’ in subsection 160AAA (1) of the Act
refers to a benefit paid under Part 8 (Youth Training Allowance) of the
4.1 After subregulation 152 (3), insert:
Despite subregulations (2) and (3), if a taxpayer’s assessable income for the 1994-95 income year includes an amount paid as a YTA rebatable benefit, then, in calculating, for the purposes of this regulation:
(a) the taxpayer’s rebate threshold for that year of income, under subregulation (2); and
(b) the taxpayer’s rebate amount for that year of income, under subregulation (3);
the tax-free threshold is to be taken as one half of the amount that it would have been but for this subregulation.”.
4.2 Paragraph 152 (4) (a):
Omit the paragraph, substitute:
“(a) if paragraph (5) (n) applies to the taxpayer—the amount specified in subsection 159J (2) of the Act in respect of a person included in class 1; or”.
4.3 Paragraph 152 (4) (ab):
Omit the paragraph, substitute:
“(ab) if both subsection 159K (2) of the Act and paragraph (5) (k) apply to the taxpayer—the amount (if any) to which the taxpayer is entitled because of the operation of subsection 159K (2);”.
4.4 After paragraph 152 (4) (ab), insert:
“(ac) if paragraph (5) (u) applies to the taxpayer—the amount specified in subsection 159J (2) of the Act in respect of a person included in class 1; or
(ad) if:
(i) paragraph (5) (v) applies to the taxpayer; and
(ii) the relevant year of income is the 1994-95 year of income:
the amount of $298; or”.
4.5 Paragraph 152 (5) (j):
Omit “over-21”, substitute “21 and over”.
4.6 Subregulation 152 (5):
Add at the end:
“; (m) in the case of a taxpayer whose assessable income in the 1994-95 year of income includes an amount paid as an ABSTUDY independent-rate benefit—$9,266, being the amount that would have been included in the taxpayer’s assessable income of that year of income if the taxpayer had received the benefit throughout that year;
(n) in the case of a taxpayer whose assessable income in the 1994-95 year of income includes an amount paid as an ABSTUDY dependent partner-rate benefit—$15,846, being the amount that would have been included in the taxpayer’s assessable income of that year of income if the taxpayer had received the benefit throughout that year;
(o) in the case of a taxpayer whose assessable income in the 1994-95 year of income includes an amount paid as an adult ABSTUDY partnered half-rate benefit—$9,266, being the amount that would have been included in the taxpayer’s assessable income of that year of income if the taxpayer had received the benefit throughout that year;
(p) in the case of a taxpayer whose assessable income in the year of income includes an amount paid as an adult ABSTUDY partnered parent half-rate benefit—the amount that would have been included in the taxpayer’s assessable income of the year of income if the taxpayer had received that benefit at the rate specified in item 4A of column 3A of Table B at point 1068-B1 of SSA91 throughout that year;
(q) in the case of a taxpayer whose assessable income in the year of income includes an amount paid as an 18-20 DRP at-home-rate benefit—the amount that would have been included in the taxpayer’s assessable income of the year of income if the taxpayer had received that benefit at the rate specified in item 1 of column 3B of Table B at point 1068-B1 of SSA91 throughout that year;
(r) in the case of a taxpayer whose assessable income in the year of income includes an amount paid as an 18-20 DRP independent-rate benefit—the amount that would have been included in the taxpayer’s assessable income of the year of income if the taxpayer had received that benefit at the rate specified in item 2 of column 3B of Table B at point 1068-B1 of SSA91 throughout that year;
(s) in the case of a taxpayer whose assessable income in the year of income includes an amount paid as an 18-20 DRP partnered-rate benefit—the amount that would have been included in the taxpayer’s assessable income of the year of income if the taxpayer had received that benefit at the rate specified in item 6 or 8 of column 3B of Table B at point 1068-B1 of SSA91 throughout that year;
(t) in the case of a taxpayer whose assessable income in the year of income includes an amount paid as a 21 and over DRP single-rate benefit—the amount that would have been included in the taxpayer’s assessable income of the year of income if the taxpayer had received that benefit at the rate specified in item 4 of column 3B of Table B at point 1068-B1 of SSA91 throughout that year;
(u) in the case of a taxpayer whose assessable income in the year of income includes an amount paid as a DRP partnered-rate benefit—the amount that would have been included in the taxpayer’s assessable income of the year of income if the taxpayer had received that benefit at double the rate specified in item 7 of column 3B of Table B at point 1068-B1 of SSA91 throughout that year;
(v) in the case of a taxpayer whose assessable income in the year of income includes an amount paid as a DRP dependent partner-rate benefit—the amount that would have been included in the taxpayer’s assessable income of the year of income if the taxpayer had received that benefit at double the rate specified in item 6 or 7 of column 3A of Table B at point 1068-B1 of SSA91 throughout that year;
(w) in the case of a taxpayer whose assessable income in the year of income includes an amount paid as a DRP illness-separated-rate benefit—the amount that would have been included in the taxpayer’s assessable income of the year of income if the taxpayer had received that benefit throughout that year at double the rate specified in:
(i) item 8 of column 3A of Table B at point 1068-B1 of SSA91; or
(ii) item 9 of column 3A of that Table; or
(iii) item 9 of column 3B of that Table;
(x) in the case of a taxpayer whose assessable income in the 1994-95 year of income includes an amount paid as an illness-separated partner-rate benefit—the amount that would have been included in the taxpayer’s assessable income of that year of income if the taxpayer had received that benefit, throughout the period from 20 September 1994 to 30 June 1995 (inclusive), at the rate specified in:
(i) item 4 of column 3A of Table B at point 1067-B1 of SSA91; or
(ii) item 8 or 9 of column 3A of Table B at point 1068-B1 of SSA91; or
(iii) item 9 of column 3B of Table B at point 1068-B1 of SSA91;
(y) in the case of a taxpayer whose assessable income in the 1994-95 year of income includes an amount paid as a partner allowance-rate benefit—the amount that would have been included in the taxpayer’s assessable income of that year of income if the taxpayer had received that benefit, throughout the period from 20 September 1994 to 30 June 1995 (inclusive), at the rate specified in:
(i) item 3 of column 3A of Table B at point 1067-B1 of SSA91; or
(ii) item 6 or 7 of column 3A of Table B at point 1068-B1 of SSA91; or
(iii) item 7 of column 3B of Table B at point 1068-B1 of SSA91;
(z) in the case of a taxpayer whose assessable income in the 1994-95 year of income includes an amount paid as a YTA at-home-rate benefit—the amount that would have been included in the taxpayer’s assessable income of that year of income if the taxpayer had received that benefit, throughout the period from 1 January 1995 to 30 June 1995 (inclusive), at the rate specified in item 1 of column 3B of Table B at point 1067-B1 of SSA91;
(za) in the case of a taxpayer whose assessable income in the 1994-95 year of income includes an amount paid as a YTA independent-rate benefit—the amount that would have been included in the taxpayer’s assessable income of that year of income if the taxpayer had received that benefit, throughout the period from 1 January 1995 to 30 June 1995 (inclusive), at the rate specified in item 2 of column 3B of Table B at point 1067-B1 of SSA91;
(zb) in the case of a taxpayer whose assessable income in the 1994-95 year of income includes an amount paid as a YTA sole-parent-rate benefit—the amount that would have been included in the taxpayer’s assessable income of that year of income if the taxpayer had received that benefit, throughout the period from 1 January 1995 to 30 June 1995 (inclusive), at the rate specified in item 1 or 2 of column 3A of Table B at point 1067-B1 of SSA91;
(zc) in the case of a taxpayer whose assessable income in the 1994-95 year of income includes an amount paid as a YTA partnered-rate benefit—the amount that would have been included in the taxpayer’s assessable income of that year of income if the taxpayer had received that benefit, throughout the period from 1 January 1995 to 30 June 1995 (inclusive), at the rate specified in item 3 or 4 of column 3B of Table B at point 1067-B1 of SSA91;
(zd) in the case of a taxpayer whose assessable income in the 1994-95 year of income includes an amount paid as a YTA partnered-parent-rate benefit—the amount that would have been included in the taxpayer’s assessable income of that year of income if the taxpayer had received that benefit, throughout the period from 1 January 1995 to 30 June 1995 (inclusive), at the rate specified in item 3 of column 3A of Table B at point 1067-B1 of SSA91.”.
5.1 The amendments made by subregulations 3.3, 3.5, 3.6, 3.8, 3.9, 3.10, 3.11, 3.12, 4.1, 4.2, 4.4 and 4.6 apply in relation to a year of income ending after 30 June 1994.
1. Notified in the
Commonwealth of Australia Gazette on 6 December 1995.2. Statutory Rules 1936 No. 94 as amended by 1939 Nos. 6 and 42; 1940 Nos. 138 and 289; 1941 Nos. 120 and 327; 1942 Nos. 339 and 553; 1943 Nos. 80, 127 and 151; 1944 Nos. 90 and 124; 1945 Nos. 12, 85, 169 and 192; 1946 No. 135; 1947 Nos. 77 and 173; 1948 Nos. 115 and 162; 1949 Nos. 25 and 50; 1950 Nos. 63 and 101; 1951 Nos. 136 and 157; 1952 Nos. 89, 90 and 102; 1953 Nos. 55 and 88; 1954 Nos. 11, 99 and 112; 1955 No. 23; 1956 Nos. 34, 35 (repealed by 1956 No. 96) and 96; 1957 Nos. 39 and 74; 1958 Nos. 27 and 70; 1959 Nos. 25 and 81; 1960 Nos. 44 and 74; 1962 Nos. 15, 44 and 112; 1963 Nos. 53 and 92; 1964 Nos. 74, 121 and 134; 1965 Nos. 133 and 187; 1966 No. 156; 1967 Nos. 112 and 126; 1968 No. 1; 1969 No. 68; 1970 Nos. 43, 126, 168 and 213; 1971 Nos. 120 and 148; 1972 Nos. 48, 50 and 137; 1973 No. 266; 1974 Nos. 193, 226 and 267; 1975 Nos. 88, 89, 99, 101 and 213; 1976 Nos. 115, 188 and 212; 1977 Nos. 77, 107 and 248; 1978 Nos. 85 and 193; 1979 Nos. 126 and 239; 1980 Nos. 86, 137 and 149; 1981 Nos. 116 and 360; 1982 Nos. 115, 128, 267 and 280; 1983 Nos. 79, 87, 111, 213 and 319; 1984 Nos. 172, 286, 408 and 416; 1985 Nos. 21, 148, 274 and 278; 1986 No. 325; Acts Nos. 28, 49 and 112, 1986; Statutory Rules 1987 Nos. 92 and 120; 1988 Nos. 196, 208, 262, 381, 382, 383 and 384; Act No. 97, 1988; Statutory Rules 1989 Nos. 67, 80, 115 (as amended by 1989 No. 358), 123, 124, 141, 250 and 358; 1990 Nos. 19, 126, 151, 152, 192, 347, 390, 398 and 468; 1991 Nos. 20, 121, 156, 158, 240, 300, 301, 390 and 391; 1992 Nos. 38, 129, 216, 313 and 449; 1993 Nos. 15, 46, 47, 65, 91, 159, 202, 216, 275, 288 and 370; 1994 Nos. 95, 96, 127, 174, 195, 219, 399, 412, 460, 461 and 462; 1995 Nos. 58, 107, 139, 152, 153, 194, 316, 356 and 381; Act No. 30, 1995.
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