Income Tax Regulations (Amendment) (Cth)

Statutory Rules 1997No. 176 1

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Income Tax Regulations2 (Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, make the following Regulations under the Income Tax Assessment Act 1936 and the Income Tax Assessment Act 1997.

Dated 30 June 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

C. R. KEMP

Assistant Treasurer

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1.   Commencement

1.1   These Regulations commence on 1 July 1997.

2.   Amendment

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

3.   Regulation 4 (Prescribed metals and minerals)

[NOTE:  The following note should be inserted after regulation 4:

“[NOTE:  For the 1997-98 or a later income year, section 330-60 of the Income Tax Assessment Act 1997 deals with income derived by a genuine prospector from the sale of rights to mine.]”.]

4.   Regulation 34 (When taxpayer taken to have furnished return)

4.1   Add at the end:

 “(2) This regulation applies to a return under the Income Tax Assessment Act 1997 and a reference to ‘the Act’ or to ‘Regulations’ includes a reference to the Income Tax Assessment Act 1997 or to Regulations made under that Act, as appropriate.”.

5.   Regulation 38 (Address for service)

5.1   Add at the end:

 “(2) In this regulation, ‘purposes under the Act and Regulations’ includes purposes under the Income Tax Assessment Act 1997 and Regulations made under that Act.”.

6.   Regulation 39 (Last known place of business or abode)

6.1   Add at the end:

 “(2) In this regulation, ‘purposes under the Act and Regulations’ includes purposes under the Income Tax Assessment Act 1997 and Regulations made under that Act.”.

7.   Regulation 40 (Failure to notify change of address)

7.1   Add at the end:

 “(2) In this regulation, reference to proceedings instituted under the Act or Regulations includes proceedings instituted under the Income Tax Assessment Act 1997 and Regulations made under that Act.”.

8.   Regulation 152L (Amortisation of expenditure in acquiring property)

8.1   Subregulation 152L (1):

Omit “buildings”, substitute “capital works”.

8.2   Subregulation 152L (3):

Omit “‘buildings’”, substitute “‘capital works’”.

8.3   Paragraph 152L (3) (a):

Omit the paragraph, substitute:

• “(a)

  are capital works that, regardless of when the works were begun, or when expenditure on the works first occurred, are of the kind that, under section 43-20 of the Income Tax Assessment Act 1997, are capital works to which Division 43 of that Act applies; and”.

9.   Regulation 170 (Services of notices etc.)

9.1   Add at the end:

 “(3) In this regulation ‘notice or other communication by or on behalf of the Commissioner’ includes a notice or other communication by or on behalf of the Commissioner under the Income Tax Assessment Act 1997 or Regulations made under that Act.”.

10.   Regulation 171 (Signatures)

10.1   Add at the end:

 “(2) In this regulation, ‘notice to be given by the Commissioner’ includes a notice to be given by the Commissioner under Income Tax Assessment Act 1997 or Regulations made under that Act.”.

11.   Regulation 172 (Presumption as to signatures)

11.1   Add at the end:

 “(3) In this regulation, ‘certificate, notice or other document’ includes a certificate, notice or other document under the Income Tax Assessment Act 1997 or Regulations made under that Act.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 June 1997.

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, 381, 382, 383 and 447; Act No. 30, 1995; Statutory Rules 1996 Nos. 38, 56, 114, 124, 133, 150, 185, 274, 320, 345 and 346; 1997 Nos. 68, 141, 148 and 169.