Income Tax Regulations (Amendment) (Cth)

Statutory Rules

1980 No. 86

REGULATIONS UNDER THE INCOME TAX ASSESSMENT ACT

19361

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 Income Tax Assessment Act 1936.

 Dated this seventeenth day of April 1980.

 ZELMAN COWEN

 Governor-General

 By His Excellency’s Command,

JOHN HOWARD

Treasurer

_______________

AMENDMENTS OF THE INCOME TAX REGULATIONS2

 1 After Division 4 of Part VI of the Income Tax Regulations the following Division is inserted:

“Division 5-Collection of mining withholding tax

Interpretation

• “54ZL.

  In this Division, unless the contrary intention appears—

‘distributing body’ has the same meaning as in section 128U of the Act;

‘mining payment’ has the same meaning as in section 128U of the Act;

‘person’ has the same meaning as in Division 5 of Part VI of the Act;

‘Trust Account’ has the same meaning as in section 128U of the Act.

Notice of deductions

“54ZM. Where a person makes a deduction from a mining payment and that deduction is made, or purports to be made, for the purposes of section 221ZB of the Act, that person shall, at the time the mining payment is made, give notice in writing of the amount deducted—

• (a)

  where the mining payment is made to a distributing body or is made to, or applied for the benefit of, one Aboriginal-to that distributing body or Aboriginal, as the case requires; or

• (b)

  where the mining payment is made to, or applied for the benefit of, 2 or more Aboriginals—to a person as a representative of those Aboriginals, if that person is not less than 18 years of age and appears to the person giving the notice to be a representative of those Aboriginals.

How deductions may be paid to Commissioner

"54ZN A person who is required to pay an amount to the Commissioner under paragraph 221ZC (1) (a) of the Act may pay that amount—

• (a)

  by delivery of cash, bank notes or cheques to the office of the Commissioner or any Deputy Commissioner;

• (b)

  by remitting the amount to the Commissioner or any Deputy Commissioner by cheque or bank draft, or by a postal money order or postal order payable in the State or Territory of the Commonwealth to which the remittance is sent; or

• (c)

  by depositing the amount to the credit of the Commissioner or a Deputy Commissioner at any branch of the Reserve Bank of Australia.

Place where a statement of deductions is to be furnished

“54ZP. (1) Subject to sub-regulation (2), a statement required to be furnished to the Commissioner under paragraph 221ZC (1) (b) of the Act shall be furnished to the Commissioner—

• (a)

  where the person is required to furnish a return of income under the Act—at the place where the return is required, by these Regulations, to be furnished;

• (b)

  where the person is not required to furnish a return of income under the Act and is resident in Australia but not in the Northern Territory—at the office of the Deputy Commissioner in the State or Territory in which the person is resident;

• (c)

  where the person is not required to furnish a return of income under the Act and is resident in the Northern Territory—at the office of the Deputy Commissioner in the State of South Australia; or

• (d)

  in any other case-at the office of any Deputy Commissioner.

• “(2)

  A statement that is required to be furnished under paragraph 221ZC (1) (b) of the Act in respect of a mining payment that is paid out of the Trust Account shall be furnished to the Commissioner at the office of the Deputy Commissioner in the State of South Australia.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 23 April 1980.

2. Statutory Rules 1936 No. 94 as amended by Statutory Rules 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.