Income Tax Regulations (Amendment) (Cth)
I.
THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice
of the Federal Executive Council, hereby make the following Regulations under
the
Dated 26 June 1990.
Governor-General
By His Excellency's Command,
Paul Keating
Treasurer
1. These Regulations commence on 1 July 1990.
2. In these Regulations,"Principal Regulations" means the Income Tax Regulations.
3. After Part VI of the Principal Regulations the following Part is inserted:
(S.R. 128/90)—Cat. No. 14/14.6.1990
"57. In this Part, unless the contrary intention appears:
'dependant spouse-rate benefit' means:(a) a benefit under the
Social Security Act 1947, if the rate of the benefit is increased under subsection 118 (2) of that Act: or(b) a rebatable benefit (other than a benefit referred to in paragraph (a)), if the benefit applies to persons of the same marital status as the rate of the benefit referred to in paragraph (a);
'lowest marginal tax rate', in relation to a year of income, means the lowest rate specified in the table in Part I in Schedule 7 to theIncome Tax Rates Act 1986, being a rate expressed as a decimal fraction, insofar as that table applies to the year of income;
'married-rate pension' means a married-rate service pension or a married-rate social security pension;
'married-rate service pension' means a rebatable pension under theVeterans' Entitlements Act 1986, if the rate of the pension is specified in paragraph 47 (1) (b) of that Act;
'married-rate social security pension' means a rebatable pension under theSocial Security Act 1947, if the rate of the pension is specified in paragraph 33 (1) (b) of that Act;
'paragraph 118 (1) (a)-rate benefit' means:(a) a benefit under the
Social Security Act 1947, if the rate of the benefit is specified in paragraph 118 (1) (a) of that Act; or(b) a rebatable benefit (other than a benefit referred to in paragraph (a)), if the benefit applies to persons of the same age as the rate of the benefit referred to in paragraph (a);
'paragraph 118 (1) (aa)-rate benefit' means:(a) a benefit under the
Social Security Act 1947, if the rate of the benefit is specified in paragraph 118 (1) (aa) of that Act; or(b) a rebatable benefit (other than a benefit referred to in paragraph (a)), if the benefit applies to persons who:
(i) are of the same age; and
(ii) receive a benefit under section 129 of that Act or a prescribed allowance;
as the rate of the benefit referred to in paragraph (a);
'paragraph 118 (1) (b)-rate benefit' means:(a) a benefit under the
Social Security Act 1947 , if the rate of the benefit is specified in paragraph 118 (1) (b) of that Act; or(b) a rebatable benefit (other than a benefit referred to in paragraph (a)), if the benefit applies to persons of the same age as the rate of the benefit referred to in paragraph (a);
'paragraph 118 (1) (c)-rate benefit' means:(a) a benefit under the
Social Security Act 1947 , if the rate of the benefit is specified in paragraph 118 (1) (c) of that Act; or(b) a rebatable benefit (other than a benefit referred to in paragraph (a)), if the benefit applies to persons of the same age as the rate of the benefit referred to in paragraph (a);
'paragraph 118 (1) (d)-rate benefit' means a benefit under theSocial Security Act 1947, if the rate of the benefit is specified in paragraph 118 (1) (d) of that Act;
'prescribed allowance' means an allowance under:(a) the scheme known as ABSTUDY, if the person receiving the allowance has been granted independent status under that scheme or is living away from home; or
(b) the scheme known as AUSTUDY, if the person receiving the allowance is paid at the rate payable under that scheme to persons who are taken to be of independent status or live away from home; or
(c) the Formal Training Allowance scheme, to the extent of the living component of the allowance paid under the scheme if the person receiving that component is a homeless person or an independent young person within the meaning of Part XIII of the
Social Security Act 1947 ; or(d) the Veterans' Children Education Scheme, if the person receiving the allowance is paid at a particular rate because he or she is living away from home or has independent status;
'rebatable benefit' and'rebatable pension' have the same respective meanings as in section 160aaa of the Act;
'separated-rate pension' means a separated-rate service pension or a separated-rate social security pension;
'separated-rate service pension' means a rebatable pension under theVeterans' Entitlements Act 1986, if:(a) the rate of the pension is specified in paragraph 47 (1) (a) of that Act; and
(b) subsection 47 (2) of that Act applies;
'separated-rate social security pension' means a rebatable pension under theSocial Security Act 1947, if:(a) the rate of the pension is specified in paragraph 33 (1) (a) of that Act; and
(b) subsection 33 (2) of that Act applies;
'single-rate pension' means a single-rate service pension or a single-rate social security pension;
'single-rate service pension' means a rebatable pension under theVeterans' Entitlements Act 1986, if:(a) the rate of the pension is specified in paragraph 47 (1) (a) of that Act; and
(b) subsection 47 (2) of that Act does not apply;
'single-rate social security pension' means a rebatable pension under theSocial Security Act 1947, if:(a) the rate of the pension is specified in paragraph 33 (1) (a) of that Act; and
(b) subsection 33 (2) of that Act does not apply;
'tax-free threshold', in relation to a year of income, means the lowest amount specified in the table in Part I in Schedule 7 to theIncome Tax Rates Act 1986 insofar as that table applies to the year of income.
"58. For the purposes of section 160aaa of the Act, the amount of a rebate of tax is ascertained in accordance with this Part.
"58aa. This Part applies in relation to a year of income ending after the end of 30 June 1989.
"58ab. (1) Where the assessable income of a taxpayer of a year of income includes an amount paid as rebatable pension, the taxpayer is entitled in his or her assessment in respect of income of the year of income to a rebate of tax of:
(a) if the taxable income of the taxpayer of the year of income does not exceed his or her rebate threshold—the taxpayer's rebate amount; or
(b) if the taxable income of the taxpayer of the year of income exceeds his or her rebate threshold—the taxpayer's rebate amount, reduced by 12.5 cents for each $1 of the amount of the excess.
"(2) For the purposes of this regulation, the taxpayer's rebate threshold for a year of income is calculated using the formula:
where:
or, if the amount calculated using the formula is not an amount of whole dollars, that amount rounded up to the nearest whole dollar.
"(3) Subject to subregulation (5), for the purposes of this regulation, the taxpayer's rebate amount for a year of income is calculated using the formula:
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where:
or, if the amount calculated using the formula is not an amount of whole dollars, that amount rounded up to the nearest whole dollar.
"(4) For the purposes of the application of this regulation in determining the rebate to which a taxpayer is entitled under subregulation (1) in relation to a year of income:
(a) where the taxpayer has received a married-rate pension—a reference in this regulation to the annual pension amount is a reference to whichever of the following amounts is the greater:
(i) the amount that would have been included in his or her assessable income of the year of income if he or she had received a married-rate service pension throughout that year;
(ii) the amount that would have been included in his or her assessable income of the year of income if he or she had received a married-rate social security pension throughout that year; and
(b) where the taxpayer has received a separated-rate pension—a reference in this regulation to the annual pension amount is a reference to whichever of the following amounts is the greater:
(i) the amount that would have been included in his or her
assessable income of the year of income if he or she had received a separated-rate service pension throughout that year;
(ii) the amount that would have been included in his or her assessable income of the year of income if he or she had received a separated-rate social security pension throughout that year; and
(c) where the taxpayer has received a single-rate pension—a reference in this regulation to the annual pension amount is a reference to whichever of the following amounts is the greater:
(i) the amount that would have been included in his or her assessable income of the year of income if he or she had received a single-rate service pension throughout that year;
(ii) the amount that would have been included in his or her assessable income of the year of income if he or she had received a single-rate social security pension throughout that year; and
(d) a reference in this regulation to whichever of the amounts referred to in paragraph (a), (b) or (c) is:
(i) in accordance with this regulation, the annual pension amount: and
(ii) an amount of dollars and cents;
is a reference to that amount rounded down to the nearest whole dollar; and
(e) a reference in this regulation to the non-pension income limit is a reference to whichever of the following amounts is applicable:
(i) if the annual pension amount in relation to the taxpayer for the year of income is referred to in subparagraph (a) (i) or (b) (i)—the amount applicable under sub-subparagraph 47 (5) (a) (i) (b) of the
Veterans' Entitlements Act 1986 for the financial year to which that year of income relates;(ii) if the annual pension amount in relation to the taxpayer for the year of income is referred to in subparagraph (a) (ii) or (b) (ii)—the amount applicable under sub-subparagraph 33 (12) (a) (i) (b) of the
Social Security Act 1947 for the financial year to which that year of income relates;(iii) if the annual pension amount in relation to the taxpayer for the year of income is referred to in subparagraph (c) (i):
(a) in the case of the year of income commencing on 1 July 1989—$1,300; or
(b) in the case of a subsequent year of income—the amount applicable under sub-subparagraph 47 (5) (a) (i) (a) of the
Veterans' Entitlements Act 1986 for the financial year to which that year of income relates; and(iv) if the annual pension amount in relation to the taxpayer for the year of income is referred to in subparagraph (c) (ii):
(a) in the case of the year of income commencing on 1 July 1989—$1,300; or
(b) in the case of a subsequent year of income—the amount applicable under sub-subparagraph 33 (12) (a) (i) (a) of the
Social Security Act 1947 for the financial year to which that year of income relates;(f) a reference in this regulation to the marital partner of a taxpayer is a reference to whichever of the following persons is applicable:
(i) where the assessable income of the taxpayer of the year of income includes an amount paid as a married-rate service pension or a separated-rate service pension:
(a) if, on the last day of the year of income, a person was the wife or husband, within the meaning of Part III of the
Veterans' Entitlements Act 1986, of the taxpayer—that person; or(b) if sub-subparagraph (a) does not apply but, in the year of income, the death occurred of the last person who was the wife or husband, within the meaning of Part III of the
Veterans' Entitlements Act 1986, of the taxpayer—that person;(ii) where the assessable income of the taxpayer of the year of income includes an amount paid as a married-rate social security pension or a separated-rate social security pension:
(a) if on the last day of that year, a person was the wife or husband, within the meaning of the
Social Security Act 1947, of the taxpayer—that person; or(b) if sub-subparagraph (a) does not apply but, in the year of income, the death occurred of the last person who was the wife or husband, within the meaning of the
Social Security Act 1947, of the taxpayer—that person; and(g) a reference in this regulation to the taxpayer's adjusted rebate amount is a reference to the amount that would have been the taxpayer's rebate amount if the reference in subregulation (3)
to the annual pension amount were a reference to the adjusted annual pension amount; and
(h) subject to subregulation (7), a reference in this regulation to the adjusted annual pension amount is a reference to:
(i) if the assessable income of the taxpayer of the year of income includes an amount paid as a separated-rate pension—the amount determined in accordance with paragraph (b); and
(ii) in any other case, if the assessable income of the taxpayer of the year of income includes an amount paid as a married-rate pension—the amount determined in accordance with paragraph (a).
"(5) Subject to subregulation (6), for the purposes of this regulation, if the assessable income of a taxpayer of a year of income includes amounts paid as more than 1 kind of pension referred to in paragraph (4) (a), (b) or (c), then the taxpayer's rebate amount for the year is the greatest amount calculated in accordance with subregulation (3).
"(6) For the purposes of this regulation, if:
(a) subject to subregulation (7), the assessable income of a taxpayer (in this subregulation and subregulation (7) called
'the first taxpayer' ) of a year of income includes an amount paid as a married-rate pension or a separated-rate pension; and(b) the assessable income of another taxpayer, being the marital partner of the first taxpayer (in this subregulation called
'the second taxpayer' ) of the year of income includes an amount paid as a pension referred to in paragraph (a); and(c) the amount of the rebate to which the second taxpayer is, apart from this subregulation, entitled under subregulation (1) in relation to the year of income is less than the second taxpayer's rebate amount for that year; and
(d) subject to subregulation (7), the first taxpayer's adjusted rebate amount for the year of income exceeds the tax payable by the first taxpayer in respect of income of that year (disregarding any credits or rebates); and
(e) the second taxpayer was not in receipt of a benefit under Part XIII of the
Social Security Act 1947 on the last day of the year of income:
the following provisions have effect:
(f) in determining the rebate to which the first taxpayer is entitled under subregulation (1) for the year of income, the first taxpayer's rebate amount is to be reduced by the amount of the excess referred to in paragraph (d);
(g) in determining the rebate to which the second taxpayer is entitled under subregulation (1) for the year of income, the second taxpayer's rebate amount for the year of income, not
being a rebate amount determined by reference to a single-rate pension, is to be increased by the amount of the excess referred to in paragraph (d).
"(7) For the purposes of subregulation (6), if:
(a) the first taxpayer received at any time in the year of income a pension under Part IV of the
Social Security Act 1947 or Part III of theVeterans' Entitlements Act 1986; and(b) because of the operation of section 23ad of the Act the amount of the pension is not included in his or her assessable income;
the amount of the assessable income of that year of the first taxpayer is to be calculated as if that pension were assessable income.
"58ac. (1) Where the assessable income of a taxpayer of a year of income includes an amount paid as rebatable benefit, the taxpayer is entitled in his or her assessment in respect of income of the year of income to a rebate of tax of:
(a) if the taxable income of the taxpayer of the year of income does not exceed his or her rebate threshold—the taxpayer's rebate amount; or
(b) if the taxable income of the taxpayer of the year of income exceeds his or her rebate threshold—the taxpayer's rebate amount, reduced by 12.5 cents for each $1 of the amount of the excess.
"(2) For the purposes of this regulation, the taxpayer's rebate threshold for a year of income is calculated using the formula:
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where:
or, if the amount calculated using the formula is not an amount of whole dollars, that amount rounded up to the nearest whole dollar.
"(3) For the purposes of this regulation, the taxpayer's rebate amount for a year of income is calculated using the formula:
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Where:
or, if the amount calculated using the formula is not an amount of whole dollars, that amount rounded up to the nearest whole dollar.
"(4) For the purposes of the application of this regulation in determining the rebate to which a taxpayer is entitled under subregulation (1) in relation to a year of income, a reference in this regulation to the applicable spouse rebate amount is a reference to:
(a) if paragraph (5) (a) applies to the taxpayer—the amount specified in subsection 159j (2) of the Act in respect of a person included in class 1; and
(b) in any other case—0.
"(5) For the purposes of the application of this regulation in determining the rebate to which a taxpayer is entitled under subregulation (1) in relation to a year of income, a reference in this regulation to the annual benefit amount is a reference to whichever of the following amounts is applicable:
(a) if:
(i) at any time during the year of income the taxpayer was a married person within the meaning of the
Social Security Act 1947; and(ii) the assessable income of the taxpayer of that year includes an amount paid as a dependant spouse-rate benefit;
the amount that would have been included in his or her assessable income of the year of income if the taxpayer had received that benefit at the rate specified in paragraph 118 (1) (f) of that Act as increased because of subsection 118 (2) of that Act throughout that year;
(b) if:
(i) on 30 June in the year of income, the taxpayer had attained the age of 16 years but had not attained the age of 18 years; and
(ii) the assessable income of the taxpayer of that year includes an amount paid as a paragraph 118 (1) (a)-rate benefit;
the amount that would have been included in his or her assessable income of the year of income if the taxpayer had
received that benefit at the rate specified in paragraph 118 (1) (a) of the
Social Security Act 1947 throughout that year;(c) if:
(i) on 30 June in the year of income, the taxpayer had attained the age of 16 years but had not attained the age of 18 years: and
(ii) the assessable income of the taxpayer of that year includes an amount paid as a paragraph 118 (1) (aa)-rate benefit or a paragraph 118 (1) (d)-rate benefit:
the amount that would have been included in his or her assessable income of the year of income if the taxpayer had received that benefit at the rate specified in paragraph 118 (1) (aa) of the
Social Security Act 1947 throughout that year;(d) if:
(i) on 30 June in the year of income, the taxpayer had attained the age of 16 years but had not attained the age of 18 years; and
(ii) the taxpayer would have been on that day eligible for a pension under subsection 13 (4) of the
Veterans' Entitlements Act 1986 but for the application of subsection 13 (7) of that Act; and(iii) the assessable income of the taxpayer of that year includes an amount paid as an allowance under the Veterans' Children Education Scheme;
the amount that would have been included in his or her assessable income of the year of income if he or she received a paragraph 118 (1) (b)-rate benefit at the rate specified in paragraph 118 (1) (b) of the
Social Security Act 1947 throughout that year;(e) if:
(i) on 30 June in the year of income, the taxpayer had attained the age of 18 years but had not attained the age of 21 years; and
(ii) the assessable income of the taxpayer of that year includes an amount paid as a paragraph 118 (1) (b)-rate benefit or a paragraph 118 (1) (d)-rate benefit;
the amount that would have been included in his or her assessable income of the year of income if the taxpayer had received that benefit at the rate specified in paragraph 118 (1) (b) of the
Social Security Act 1947 throughout that year;(f) if:
(i) on 30 June 1990 the taxpayer had attained the age of 20 years: and
(ii) the taxpayer would have been on that day eligible for a
pension under subsection 13 (4) of the
Veterans' Entitlements Act 1986 but for the application of subsection 13 (7) of that Act; and(iii) the assessable income of the taxpayer of the year of income ending on that day included an amount paid as an allowance under the Veterans' Children Education Scheme;
the amount that would have been included in his or her assessable income if he or she received a paragraph 118 (1) (c)-rate benefit at the rate specified in paragraph 118 (1) (c) of the
Social Security Act 1947 throughout that year;(g) if:
(i) the taxpayer is a male person; and
(ii) on 30 June in the year of income, the taxpayer had attained the age of 60 years but had not attained the age of 65 years; and
(iii) the taxpayer had received unemployment benefits under the
Social Security Act 1947 continuously for a period of at least 6 months, being a period that occurred wholly or partly during that year; and(iv) his assessable income of that year includes an amount paid as a paragraph 118 (1) (d)-rate benefit;
the amount that would have been included in his assessable income of the year of income if he had received that benefit throughout that year;
(h) in any other case, if the assessable income of the taxpayer of the year of income includes an amount paid as a paragraph 118 (1) (c)-rate benefit or a paragraph 118 (1) (d)-rate benefit— the amount that would have been included in his or her assessable income of the year of income if the taxpayer had received that benefit at the rate specified in paragraph 118 (1) (c) of the
Social Security Act 1947 throughout that year.
"(6) For the purposes of this regulation, if the assessable income of a taxpayer of a year of income includes amounts paid as more than 1 kind of benefit referred to in subregulation (5), then the taxpayer's rebate amount for the year is the greatest amount calculated in accordance with subregulation (3).
"(7) A reference in this regulation to whichever of the amounts referred to in subregulation (5) is:
(a) in accordance with this regulation, the annual benefit amount; and
(b) an amount of dollars and cents;
is a reference to that amount rounded down to the nearest whole dollar.".
"PART IV—YEAR OF INCOME COMMENCING ON 1 JULY 1989
13 | Not exceeding 1600 | Not exceeding 800 | 38.2 |
14 | Exceeding 1600 but not exceeding 2000 | Exceeding 800 but not exceeding 1000 | 46.4 |
15 | Exceeding 2000 but not exceeding 3000 | Exceeding 1000 but not exceeding 1500 | 48.7 |
16 | Exceeding 3000 | Exceeding 1500 | 52.0". |
"amended Regulations" means the Income Tax Regulations as amended by the provisions of these Regulations (other than this regulation);
"provision" includes a paragraph of a regulation or of a subregulation and a subparagraph of a paragraph.
(2) The amended Regulations are further amended as provided by this regulation.
MINOR AMENDMENTS
Provision amended | Omit | Substitute |
Subregulation 3 (2) | the First Schedule | Schedule 1 |
Regulation 8 | the Second Schedule | Schedule 2 |
Subregulation 35 (2) | sub-paragraphs (b) and (c) of the last preceding sub-regulation | paragraphs (1) (b) and (c) |
Subregulation 36 (2) | fourteen | 14 |
Subregulation 37 (3) | ||
Subregulation 39 (1) | the next succeeding sub-regulation | subregulation (2) |
Subregulation 39 (3) | ||
Subregulation 39 (4) | the last preceding sub-regulation | subregulation (3) |
Subregulation 40 (1) | sixty | 60 |
Regulation 41 | sub-regulation (3) of regulation 37 | subregulation 37 (3) |
Subregulation 54ab (1) | the Third Schedule | Schedule 3 |
Paragraphs 54dap (1a)(c) and (d) | the Third Schedule | Schedule 3 |
Paragraph 54k (2) (a) | thirty-first day of October | 31 October |
Subregulation 54zed (1a) | the Third Schedule | Schedule 3 |
Regulation 54 zel Regulation 58n | the Third Schedule of these Regulations | Schedule 3 |
Subregulation 58r (4) | the Seventh Schedule | Schedule 7 |
Regulation 64 | the Seventh Schedule | Schedule 7 |
1. Notified in
the
2. Statutory Rules 1936 No. 94 as amended to date. For previous amendments
see Note 2 to Statutory Rules 1990 No. 19 andsee also Statutory Rules 1990 No. 19, 126, 151, and 152.
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