Income Tax Regulations (Amendment) (Cth)

Statutory Rules 1992

No. 449 1

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Income Tax Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Income Tax Assessment Act 1936.

 Dated 17 December 1992.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

JOHN DAWKINS

Treasurer

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1.   Amendment

1.1   The Income Tax Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s.48.]

2.   Regulation 56 (Annual investment income reports)

2.1   Paragraph 56 (4) (f):

Omit the paragraph, substitute:

• “(f)

  unless paragraph (fa) applies—the total amount of income paid by the investment body; and

• (fa)

  if income is paid under an eligible deferred interest investment entered into on or after 1 February 1992:

  • (i)

    so much of the payment as is a periodic interest payment within the meaning of Division 16e of Part III of the Act; and

  • (ii)

    if the income became payable at the end of the term of the investment—so much of the amount of the payment as does not exceed the amount that would have been included in the investor’s assessable income for the year of income in which the term ended if section 159gq and paragraph 159gr (2) (c) of the Act applied to the investor; and

  • (iii)

    any amount that is taken under section 159gq of the Act to be included in the investor’s assessable income for the year of income, excluding any amount of that kind for the year of income in which the end of the term of the investment occurred; and”.

2.2   Subregulation 56 (4):

Insert after paragraph (g):

• “(ga)

  the amount of any TFN withholding tax paid by the investment body; and”.

2.3   Paragraph 56 (4a) (f):

Omit the paragraph, substitute:

• “(f)

  the total amount of income paid by the secondary investment body, excluding any amount that is taken to be included in the income of an investor under section 159gq or paragraph 159gr (2) (c) of the Act; and

• (fa)

  in respect of an investment entered into on or after 1 February 1992—the total amount that is taken to be included in the income of the investor, or each of the investors, under section 159gq of the Act excluding income that has already been included in a report under this subregulation; and

• (fb)

  in respect of an investment entered into on or after 1 February 1992—any amount that is taken to be included in the income of an investor under paragraph 159gr (2) (c) of the Act; and”.

2.4   Subregulation 56 (4a):

Insert after paragraph (g):

• “(ga)

  the amount of any TFN withholding tax paid by the investment body; and”.

2.5   After subregulation 56 (5b), insert:

 “(5c) For the purposes of paragraph (4) (fa), any accounting period, other than a year of income, that is adopted in relation to the income is to be ignored.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 December 1992.

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 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 and Acts Nos. 28, 49 and 112, 1986; 1987 Nos. 92 and 120; 1988 Nos. 196, 208, 262, 381, 382, 383 and 384 and Act No. 97, 1988; 1989 Nos. 67, 80, 115, 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 and 313.