Income Tax Regulations (Amendment) (Cth)

INCOME TAX ASSESSMENT ACT

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INCOME TAX REGULATIONS

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Statutory Rules

 1972  No.  48(a)

Parts.

1. Regulation 2 of the Income Tax Regulations is amended by omitting the words—

“ Part V.—Objections and Appeals (Regulations 34-43).”

and inserting in their stead the words—

“ Part V.—Objections and Appeals (Regulations 34a-43).”.

Organizations prescribed for purposes of section 23 (x) and (y).

2. Regulation 4ab of the Income Tax Regulations is amended by inserting in paragraph (c) of sub-regulation (2.), after the words “ referred to ”, the word “ in ”.

3. Regulation 4a of the Income Tax Regulations is repealed and the following regulation inserted in its stead:—

Prescribed Life Tables for purposes of section 26aa (2.) (a).

“ 4a. For the purposes of paragraph (a) of sub-section (2.) of section 26aa of the Act, the prescribed Life Tables are—

(a)in the case of an annuity that first commenced to be derived before the first day of July, 1958—the Australian Life Tables, 1946-1948, published by the Commonwealth Statistician;

(b) in the case of an annuity that first commenced to be derived on or after the first day of July, 1958, and before the commencement of this regulation—the Australian Life Tables, 1953-1955, published by the Commonwealth Statistician; or

(c) in the case of an annuity that first commenced or commences to be derived on or after the commencement of this regulation—the Australian Life Tables, 1960-1962, published by the Commonwealth Statistician.”.

Returns by persons other than companies.

4. Regulation 10 of the Income Tax Regulations is amended—

(a) by omitting from paragraph (a) the words “ and concessional rebates ”; and

(b)by omitting from paragraph (d) the words—

“ Statement of concessional allowances subject to rebate of tax; and ”

and inserting in their stead the words—

“ Statement of concessional deductions; and ”.

5. Before regulation 34 of the Income Tax Regulations the following regulation is inserted in Part V.:—

Interpretation.

“ 34a. A reference in this Part to a Board or a Board of Review shall be read as a reference to a Board of Review for the purposes of Part V. of the Act.”.

  

(a) Made under the Income Tax Assessment Act 1936-1972 on 12 April 1972; notified in the Commonwealth Gazette on 20 April 1972.

 

Evidence.

6. Regulation 39 of the Income Tax Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulations:—

“ (3.) A person who is required under sub-regulation (2.) of this regulation to attend and give evidence in relation to a review is entitled to be paid, in respect of his attendance, such fees and travelling expenses, in accordance with the scale in the Second Schedule to the Public Works Committee Regulations as in force from time to time under the Public Works Committee Act 1969, as the Board determines.

“ (4.) The fees and expenses payable to a witness under the last preceding sub-regulation are payable—

(a) in the case of a witness required to attend at the request of the taxpayer to whom the review relates—by that taxpayer; and

(b)in any other case—by the Commonwealth.”.

Communications to Board.

7. Regulation 42 of the Income Tax Regulations is amended by omitting the word “ Federal ”.

Evidence on appeal.

8. Regulation 43 of the Income Tax Regulations is amended by omitting the words “ the Second Commissioner ” (first occurring) and inserting in their stead the words “ a Second Commissioner ”.

Postage to be pre-paid.

9. Regulation 49 of the Income Tax Regulations is amended by omitting the words “ the Second Commissioner ” and inserting in their stead the words “ a Second Commissioner ”.

Certificate as to service of notice of assessment, &c.

10. Regulation 53 of the Income Tax Regulations is amended by omitting the words “ the Second Commissioner ” and inserting in their stead the words “ a Second Commissioner ”.

Deductions from dividends.

11. Regulation 54zg of the Income Tax Regulations is amended—

(a) by omitting from sub-regulation (2.) the word “ Where—” and inserting in its stead the words “ Subject to sub-regulation (4.) of this regulation, where—”;

(b) by omitting from sub-regulation (3.) the word “ Where—” and inserting in its stead the words “ Subject to sub-regulation (5.) of this regulation, where—”; and

(c) by omitting sub-regulation (4.) and inserting in its stead the following sub-regulations:—

“ (4.) Sub-regulation (2.) of this regulation does not apply in relation to a dividend that is paid to a resident of the United States of America and is included in a class of dividends that is exempt from tax under the law of the United States of America.

“ (5.) Sub-regulation (3.) of this regulation does not apply in relation to a dividend or a part of a dividend where—

(a) the prescribed country is the United States of America; and

 

(b) the dividend or the part of the dividend is included in a class of dividends that is exempt from tax under the law of the United States of America.”.

Certificate as to failure to furnish a return.

12. Regulation 55 of the Income Tax Regulations is amended by omitting the words “ the Second Commissioner ” and inserting in their stead the words “ a Second Commissioner ”.

Appointment of secretary.

13. Regulation 58b of the Income Tax Regulations is amended by omitting the words “ Taxation Branch of the ” and inserting in their stead the words “ Commonwealth Taxation Office,”.

Communications to Board.

14. Regulation 58c of the Income Tax Regulations is amended by omitting the word “ Federal ”.

Evidence.

15. Regulation 58r of the Income Tax Regulations is amended by omitting sub-regulations (4.) and (5.) and inserting in their stead the following sub-regulations:—

“ (4.) A person who is required under sub-regulation (2.) of this regulation to attend and give evidence in relation to an application or other matter before the Board is entitled to be paid, in respect of his attendance, such fees and travelling expenses, in accordance with the scale in the Second Schedule to the Public Works Committee Regulations as in force from time to time under the Public Works Committee Act 1969, as the Board determines.

“ (5.) The fees and expenses payable to a person under the last preceding sub-regulation are payable—

(a) in the case of a person required to attend at the request of an applicant or a tax agent—by that applicant or tax agent; and

(b) in any other case—by the Commonwealth.”.

When documents deemed to be duly signed.

16. Regulation 62 of the Income Tax Regulations is amended by omitting from sub-regulation (1.) the words “ the Second Commissioner ” and inserting in their stead the words “ a Second Commissioner ”.

17. Regulation 64 of the Income Tax Regulations is repealed and the following regulation inserted in its stead:—

Expenses of persons required to attend and give evidence.

“ 64. A person, not being the taxpayer or a person who attends on behalf of the taxpayer, who is required under section 264 of the Act to attend and give evidence before the Commissioner or an officer authorized by him is entitled to be paid, in respect of his attendance, such fees and travelling expenses, in accordance with the scale in the Second Schedule to the Public Works Committee Regulations as in force from time to time under the Public Works Committee Act 1969, as the Commissioner or an officer authorized by him determines.”.

 

Fifth Schedule.

18. The Fifth Schedule to the Income Tax Regulations is repealed and the following Schedule inserted in its stead:—

THE FIFTH SCHEDULERegulation 7.

Australian Capital Territory—

Canberra College of Advanced Education

New South Wales—

Hawkesbury Agricultural College

Mitchell College of Advanced Education

National Art School

New South Wales Advanced Education Board

New South Wales College of Occupational Therapy

New South Wales State Conservatorium of Music

Orange Agricultural College

Riverina College of Advanced Education

School of Physiotherapy

Speech Therapy Training School, New South Wales

The New South Wales College of Nursing

The New South Wales Institute of Technology

Wagga Agricultural College

Victoria—

Bendigo Institute of Technology

Burnley Horticultural College

Caulfield Institute of Technology

College of Nursing, Australia

Dookie Agricultural College

Footscray Institute of Technology

Gippsland Institute of Advanced Education

Gordon Institute of Technology

Longerenong Agricultural College

Physiotherapy School of Victoria

Prahran College of Technology

Preston Institute of Technology

Royal Melbourne Institute of Technology

School of Forestry, Creswick

Swinburne College of Technology

The Ballarat Institute of Advanced Education

The Emily McPherson College of Domestic Economy

The Occupational Therapy School of Victoria

The Victorian School of Speech Therapy

Victoria Institute of Colleges

Victorian College of Pharmacy

Warrnambool Institute of Advanced Education

Queensland—

Board of Advanced Education

Queensland Agricultural College, Lawes

Queensland Conservatorium of Music

Queensland Institute of Technology, Brisbane

Queensland Institute of Technology, Capricornia

Queensland Institute of Technology, Darling Downs

South Australia—

Roseworthy Agricultural College

School for Dental Therapists

South Australian Institute of Technology

South Australian School of Art

Western Australia—

Western Australian Institute of Technology

Tasmania—

Tasmanian College of Advanced Education