Income Tax Regulations (Cth)
STATUTORY RULES.
REGULATIONS UNDER THE INCOME TAX ASSESSMENT ACT 1922-1927.
I, THE
GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the
advice of the Federal Executive Council, hereby make the following Regulations
under the
Dated this 22th day of December 1927
(Sgd.) STONEHAVEN
Governor-General.
By His Excellency’s Command,
for Treasurer.
Part i.—Introduction.
Part I.—Introductory.
Part II.—Returns.
Part III.—Payment of Income Tax.
Part IV.—Objections.
Part V.—Reviews by a Board of Review.
Part VI.—Miscellaneous.
“Financial Year” means a financial year as fixed by the Act.
“The Act” means the
Income Tax Assessment Act 1922, as amended from time to time.“Prescribed delegate of the Commissioner” means a person appointed by the Commissioner to be a prescribed delegate of the Commissioner for the purpose of these Regulations.
Part II.—Returns.
Penalty: Twenty pounds.
1589.
(
a ) A Balance-sheet and Profit and Loss Account supporting the particulars in the return;(
b ) A statement showing—(i) the names and addresses of all shareholders to whom dividends or profits were credited, paid or distributed during the twelve months preceding the financial year for which income tax is payable; and
(ii) the amount (if any) of profits credited, paid or distributed to each shareholder during the twelve months preceding the financial year for which income tax is payable, whether or not the period covered by the company’s return differs from such financial year;
(
c ) A statement showing the amount paid or credited as interest to persons who are absentees in respect of debentures of the company used in Australia or on money lodged at interest in Australia with the company; and(
d ) A statement showing—(i) the total amount of the interest paid or credited by the company in respect of debentures payable to bearer, the names and addresses of the holders of which are not supplied to the Commissioner by the company;
(ii) the names and addresses of all holders of debentures payable to bearer which the company is in a position to furnish (whether absentees or residents in Australia), together with the amount of interest paid or credited to each of such persons during the twelve months preceding the financial year for which Income Tax is payable whether or not the period covered by the company’s return differs from such financial year.
(
e ) (If the return is the first return furnished by the company) notice of the appointment of the Public Officer of the company.
(2) The return shall state the income derived respectively from—
(
a ) the partnership; and(
b ) from other sources.
(2) When there is no trustee resident in Australia the return shall be made and furnished by the agent in Australia for the trustees.
(
a )the names and addresses of all persons employed by him during the period mentioned in the notice;(
b )the capacity in which each person was employed;(
c ) the total amount paid to each person during that period; and(
d )the value of board residence or other allowance made to each person during that period.
(2) Each statement shall be furnished to the Commissioner at the place where under the Regulations the return of the employer is to be furnished, unless the Commissioner otherwise directs.
(2) Returns of income derived from sources in Australia not wholly within any one State shall be furnished to the Commissioner at the head office of the Commissioner at Melbourne.
(3) Notwithstanding anything contained in this Regulation, returns of income derived by persons resident in the territory for the seat of government from sources within Australia shall be furnished to the Commissioner at his office in Canberra.
(2) If the mortgaged property is situated in more than one State the income shall be deemed to have been derived from sources within more than one State.
(
a ) the territory of Papua shall be deemed to be in the State of Queensland; and(
b )the Territories of North Australia & Central Australia shall be deemed to be a separate State.
(
a ) the proper form in accordance with these Regulations signed by the person making the return and containing a full true and complete statement of all matters and things required by the Act and Regulations, the Commissioner, and the form itself to be stated therein; and(
b )all balance-sheets, profit and loss accounts, statements, notices, and other documents which by the Act or the Regulations the Commissioner are required to accompany the return—
have at the place where under these Regulations the return is to be furnished, been received by an officer authorized by the Commissioner to receive returns.
(2) The marks, figures and annotations shall be made in different coloured ink from the ink used in the return and shall be initialed by the officer making them.
Part III.—Payment of Income Tax.
(
a ) by delivery of cash, bank notes, or cheques at the office of the Commissioner or of any Deputy Commissioner;(
b )by remitting the tax to the Commissioner or any Deputy Commissioner by bank draft, or cheque, or postal money order or postal note payable in the city to which the remittance is sent; or(
c )by depositing the net amount of the tax to the credit of the Commissioner or a Deputy Commissioner at any branch of the Commonwealth Bank of Australia.
Part IV.—Objections.
(2) The objection shall be lodged with the Commissioner at the address from which notice of the assessment objected to was issued.
Part V.—Reviews by a Board of Review.
(
a )the excess of the amount which, in accordance with the Commissioner’s decision, is the taxable income over the amount which, if the objection were wholly allowed, would be the taxable income;(
b )the excess of the amount by reference to which the rate of tax has been calculated for the purposes of sub-section (2) of section 13 of the Act over the amount by reference to which such rate would be calculated if the taxpayer’s claim were allowed;(
c ) the excess of the amount of income upon which the taxpayer claims to be entitled to a rebate of tax (other than a rebate under section 30 of the Act) over the amount of income upon which the rebate has been allowed;(
d )fifteen per centum of the taxable income (where the claim is for a rebate of tax under section 30 of the Act);(
e ) the sum or further sum determined by the Commissioner pursuant to sub-section (1) of section 21 of the Act;(
f ) the income in question where the question is whether such income is derived from personal exertion or from property:
Provided that the maximum amount of deposit which shall accompany the written request of the taxpayer shall not, in any case, exceed Fifty pounds, and the minimum amount of deposit shall not be less than One pound.
(
a ) the name and address of the taxpayer;(
b )full details of the taxpayer’s claim as made to the Commissioner; and(
c ) the Commissioner’s reasons for disallowing the taxpayer’s claim.
(2) The Commissioner shall at the same time furnish
the taxpayer with a copy of the statements referred to in sub-paragraph (
(2) Notice of a review shall be given not less than fourteen days prior to the day on which the review is to take place.
(3) A notice under this Regulation may be served either personally or by post, and if served by post, service shall be effected by properly addressing, prepaying and posting the notice as a letter, and unless the contrary is proved, service shall be deemed to have been effected at the time when the letter would have been delivered in the ordinary course of post.
(2) The sittings of a Board for the purpose of reviews shall be held in such place or places and at such time or times as are fixed by the Chairman of the Board.
(3) A Board shall not be required to sit on public holidays or during a yearly vacation of three weeks commencing on the 25th day of December.
(2) All reviews shall take place in camera unless the taxpayer otherwise requires.
(3) Where a review takes place in public the decision shall be given at a public meeting of the Board.
(4) Either party to a review may nominate a person to represent him at the review.
(5)The Chairman of a Board may adjourn any review from time to time as he thinks fit.
(2) In the exercise of the powers which, by virtue of sub-section (1) of section 44 of the Act, a Board has under section 97 of the Act, the Chairman of a Board may, by notice in writing, require any person—
(
a ) to furnish the Board with such information as, in the opinion of the Chairman, is necessary for the purpose of a review by the Board;(
b )to attend and give evidence before the Board, or before any officer authorized by the Chairman of the Board in that behalf, concerning his or any other person’s income or assessment, and may require him to produce all books, documents and other papers whatever in his custody or under his control relating thereto;
and the Chairman of the Board may require the information or evidence to be given on oath and either verbally or in writing and for that purpose the Chairman or the officer authorized by him shall have power to administer oaths.
(3) The expenses to be allowed to any person required to attend and give evidence under the last preceding sub-regulation shall be as prescribed by regulation 52 of these Regulations.
(2) The Board may, from time to time, compile and publish summaries of its decisions.
Part V.—Miscellaneous.
(2) Judicial notice shall be taken of every such signature and of the fact that the person whose signature it purports to be holds or has held the office of Commissioner, Assistant Commissioner, Deputy Commissioner or prescribed delegate of the Commissioner, as the case may be.
(
(
(
(
certifying that no return has been received from that person by any officer authorized by the Commissioner to receive returns at the place where under the Regulations the return should have been furnished, shall be prima facie evidence that the defendant has failed or neglected to duly furnish a return.
(
a ) the person named in the certificate is a taxpayer;(
b )an assessment of income tax was duly made against him in respect of the year mentioned in the certificate;(
c ) the particulars of the assessment are as stated in the certificate;(
d )notice of the assessment was duly served upon him by post;(
e ) the sum named in the certificate was at the date of the certificate due by him to the King on behalf of the Commonwealth in respect of income tax;
shall be prima facie evidence of the facts stated in the certificate.
(
a )failing or neglecting to duly furnish a return; or(
b )making or delivering a return which is false in any particular or making any false answer whether verbally or in writing—
may at the option of the prosecutor be instituted either—
(
a ) in a Court of Summary Jurisdiction having jurisdiction at the place where under these Regulations the return is to be furnished; or(
b )in a Court of Summary Jurisdiction having jurisdiction at or nearest to the usual or last known place of business or abode of the defendant.
(2) When it is necessary for purposes of an assessment to ascertain at any given date the value of a sinking fund accumulated at compound interest to replace a sum of money at the end of a number of years, Table II in the Schedule shall be applied.
Commonwealth of Australia.
Notice of Option
under Section 16 (
I, of in the State
of hereby
exercise the option granted by section 16 (
*cost
*market selling price
Dated this day of 192 .
Signature.
*Strike out whichever is not wanted;
(2) For the purpose of paragraph (
Commonwealth of Australia.
NOTICE
OF ELECTION UNDER SECTION 16 (
I, of in the State of hereby
elect to omit from the account required by paragraph (
Dated this day of 19
Signature.
(3) Any person to whom paragraph (
(4) The notice of option and the notice of election and the notice to be given under sub-regulation (2) (
a )of these regulation shall be delivered at the office of the Commissioner:—(
a ) in the case of persons lodging returns during the year 1924, on or before the thirty-first day of December, 1924;(
b ) in the case of persons who have not lodged returns during the year 1924—
within three months of the date of the first lodging of a return after the thirty-first day of December, 1924.”
COMMONWEALTH OF AUSTRALIA.
Income Tax Assessment Act 1922.
Officer’s Declaration of Secrecy.
I…………………………………....................of……………………………………..,
in the State of………………………………........., in the Commonwealth of Australia do solemnly
and sincerely declare that except in the performance of any duty under the
Declared before me at……………………………………............in the State of……………….. this……………………….day of……………………………………19
……………..
Justice of the Peace for the State of……………………………...................
Commissioner for taking affidavits.
Commissioner for Declarations.
(
a ) the offence created by that regulation or sub-regulation; or(
b )a breach of that regulation or sub-regulation whether by act or omission—
shall be punishable upon conviction by a penalty not exceeding the penalty set out and not being less in any case than one-tenth of the penalty set out.
THE SCHEDULE.
——
Taxation Office Stamp only.
Affix full postage and send this Return to the Deputy Federal Commissioner of Taxation, Box 769, G.P.O., Melbourne.
[Write Plainly.]
FEDERAL INCOME TAX. File No.........
RETURN OF INCOME derived from all Sources in Australia and Papua during the twelve months from 1st July to 30th June.
Name in full of Person................................................... | Surname. | Christian Names. |
(Mr., Mrs., or Miss), Partnership, or Trust Estate, for whom Return is made |
(Write plainly, and write name in block type—example: JONES, JOHN.)
Occupation...................................................................................................................Residing at.....................................................................................................
(State actual nature of business—Merchant, Manufacturer, &c., is not sufficient) (Full residential address.)
Postal Address for service of Notices.................................................................................................................................................................................................
(You are required to notify to the Deputy Commissioner any change of address for service of notices, &c.)
If Return is made by an Agent for a Principal or a Trustee for a Trust Estate state full name and address of Agent or Trustee—
……………………………………………………………….
………………………………………………..
Last Return Lodged at Federal Taxation Office at*................................................
(Here state Capital City.)
Last Reference No....................................................................... my postal address on that date being ............................................................................................
(Here quote File No. on last Assessment Notice.) * If lodged in Melbourne, state whether furnished to P.O., Buildings, or Elizabeth House.
Part A.—Income from Personal Exertion (when Part C or D unsuitable). | Office only. £ | |
1. Salary, wages, stipend, bonuses, and overtime as employee of...................................................................................................................................... | ||
2. Value of quarters, board, travelling and sustenance allowances, &c., allowed to me by employer (attach list).................................................... | ||
3. Rental value to me of premises provided by my employer and used by me for purposes of residence................................................................... | ||
4. Share in partnership of ............................................. ( | ||
5. Income as beneficiary under will, settlement, deed of gift, or instrument of trust of................................................................................................. .
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6. Fees, commissions (attach list). Professional income to be shown at Item 33, Part C................................................................................................ | ||
7. Pension (not being a War Pension), superannuation, or retiring allowance.................................................................................................................. | ||
8. Five per centum of retiring allowance or gratuity received in a lump sum. (Total amount received, £................................................)............. | ||
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Total Income............................................................... £ | ||
(Unless lists as specified hereunder are attached in support of claims for deductions such deductions may be disallowed, wholly or in part.) | ||
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11. Sums paid by way of commission for collecting Income paid to ..................................................of ................................................................... . | ||
12. Any other deductions (attach list)............................................................................................................................. | ||
Deductible from Income from Personal Exertion or Property, whichever is greater. |
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17. State Income Tax paid in respect of personal exertion income..................................................................................................................................... | ||
Total Deductions......................................................................................................................................................................................................................................................... £ | ||
Net Income from Personal Exertion £ | ||
This return should be lodged before 31st August.—Please read these instructions.
Part B.—Income from Property.
18. Gross rents—including rent from subletting (attach list).................................................................................................... |
19. Share in partnership of ............................................... (where partnership income is from property)................................. |
20. Dividends, interest, &c., received by or credited to me, as per Statements 7 and 8...................................................................................................................................... ………………………………………. |
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22. Income as beneficiary under will, settlement, deed of gift, or instrument of trust of..........................................................
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23. Profits from sales or assignments of leases (details to be attached).................................................................................... |
Total Income............ £ |
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25. State Income Tax paid in respect of property income......................................................................................................... |
26. Repairs (not including alterations, additions, or improvements) to properties from which rent is received (attach list)... |
27. Fire and burglary insurance premiums paid on income-producing property (attach list)................................................... |
28. Interest paid to ..............................of ..........................on borrowed money used to produce income from property......... |
29. Commission paid to ...................of ..................for collection of income from property..................................................... |
30. Rent paid to......................of..........................for property from which rent is received...................................................... |
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23. Any other deductions (attach list)........................................................................................................................................ Total Deductions...... £ |
Net Income from Property.................................................................................................................................................................................... £ |
If no previous Returns have been lodged, please give reasons.
I, the person making this Return, declare that the particulars shown therein, both in this and the succeeding pages, and also those stated in the Forms, Balance-sheets, Documents, and Lists herewith, are true and correct in every particular, and disclose without reservation or exception a true and complete statement of all Income liable to taxation derived from all sources in Australia and Papua by.................................during the year 1st July to 30th June.*
* if the accounts of the business have been made up for any other period, alter this declaration accordingly. Initial the alteration.
Dated this..............................day of (Sign here.)
....................................19 Usual Signature
This Declaration should, if possible, be signed by all individual taxpayers personally.
Part C.—Income from a Trade, Business, Manufacture, or concern not shown in Parts A or B.
(Attach Balance-sheet and Trading and Profit and Loss Account.)
£ | Office only. |
33. Gross Income from Profession............................................................... | |
Nature of Business...................................................................................... (Other than Professions) | |
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( | |
( | |
( | |
Total............................................. £ | |
Deduct— | |
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Total of 37 and 38............................ | |
Net amount.......... £ | |
Add— | |
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Part D.—Income of Farmer, Pastoralist. or Horticulturist not shows in Parts A. or B.
Office only.£ | ||||
£ | £ | |||
Nature of Business............................................................................ | ||||
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( | Wheat (Total from Statement No. 2)................................. | |||
Other Grain, hay, fodder, potatoes, &c.............................. | ||||
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43. Total Value of Column B, Live Stock Schedule............................. | ||||
44. Value of stock and produce given in exchange for goods, provisions &c. | ||||
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of— | ||||
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47. Gross amount earned from contracts, or any other work................. | ||||
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Total......................... £ | ||||
Less— | ||||
50. ( | ||||
£ | ||||
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51. Total Value of Column A, Live Stock Schedule | ||||
£ | ||||
Total Income....................... | .......... £ | |||
Deductions. | Office only. | ||
(Unless lists as specified hereunder are attached in support of claims for deductions, such deductions may be disallowed either wholly or in part.) | For Part C. | For Part D | £ |
£ | £ | ||
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67. Expenditure incurred in— | |||
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68. Other business expenses (attach list) | |||
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Total Deductions........................... £ |
Net Income.................................... £ |
Statement No. 1. Column A. Live Stock Schedule. Column B. (See explanation on separate sheet.)
— | Number. | Value. | — | Number. | Value. | |||
£ | £ | |||||||
| to 30.6. — Sheep..................................................... Cattle..................................................... Horses.................................................... Pigs........................................................ to 30.6. — | |||||||
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| Sheep Cattle Pigs | Read carefully the instructions on separate sheet. | ||||||
to 30.6. — | ||||||||
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| Stock on hand at 30th June, — | |||||||
| Sheep @ Cattle @ Horse Pigs | Read carefully the instructions on separate sheet. | ||||||
| Total Value (carried to Item No. 43, Part D) Losses b ……..Sheep…….Cattle…….Horses…….Pigs | |||||||
Sheep Cattle Horses Pigs | Read carefully the instructions on separate sheet. | |||||||
Statement No. 2.—Wheat.
Number of Bushels placed in the............... “Pool.” ..........................Bushels.
| ( | ||||||||
Wheat— £ | Date Sold. | No. of Bushels Sold. | Which Year’s Scrip. | Cash Received. | |||||
Advances | from | 1915-16 | Pool | .................. | |||||
„ | „ | 1916-17 | „ | .............................. | ………….. | ||||
„ | „ | 1917-18 | „ | .............................. | ………….. | ||||
„ | „ | 1918-19 | „ | .............................. | ………….. | ||||
„ | „ | 1919-20 | „ | .............................. | ………….. | ||||
„ | „ | 1920-21 | „ | .............................. | ………….. | ||||
„ | „ | 1921-22 | „ | .............................. | |||||
„ | „ | 1922-23 | „ | .............................. | Total of Sales...................................................................... £.......... | ||||
( | ………….. | ||||||||
Total ( | ………….. | Total of ( | |||||||
Statement No. 3.—Share Farming.
(To be furnished by the person responsible for the distribution.)
Net Profit (as per details attached) .. £..............................
Name in full of each Person participating. | Address. | Total net Value of Share. | Actual Cash Received. | Value of Distribution in Kind. | Value of Produce on hand 30/6/ . |
£ | £ | £ | £ |
Statement No. 4.—Statement of Salaries and Wages Paid and Allowances to Employees.
This statement should show the actual amount paid during the period 1/7/...... to 30/6/......, even though the return is made up to a different period.
If the space is not sufficient to contain all the names, special sheets may be obtained from the Department of Taxation.
Payments to any one person at a rate less than £200 per annum need not be shown.
See Special Instruction Sheet
Employee’s Christian Name |
In what Capacity employed. | Place of Residence. | If not employed for whole period, state period employed. | Rate of Pay. | Total Amount of Salary or Wages paid to each in year ended 30/6/…... | Value of Board, Residence, or other Allowance to each in year ended 30/6/ | |
£ | Quarters. £ | Board. £ | ||||
Statement No. 5.—Statement by Trustee or Partnership.
This portion of the return is for the information of the Taxation Department only. Trustees are not taxable except on income to which no one is presently entitled, or on income held on account of a person who is under a legal disability. A partnership (other than a husband and wife partnership in the circumstances prescribed by section 29 (2) of the Act) is not taxable, partners being taxable on their full share of the profits including any disallowance or additions made by the Department.
Name in full of each Partner or Beneficiary. | Residence. | Proportionate share of Income to which each Partner is entitled, or which is distributable to each Beneficiary. | Amount of each share. | Is the Beneficiary under any legal disability (Yes or No). |
£ | £ |
Statement No. 6.—Deductions Claimed in Respect of Children under 16 Years of Age at 1st July, ......(or Born Since that Date), Wholly Maintained by Taxpayer.
Name of Child. | Date of Birth. | If not maintained during the whole of the year ended 30.6…, state for what period. | If not wholly dependent, state in what other way partly maintained. |
No deduction is allowable in respect of any child who earned income during the year. Where a child under 16 is maintained for part of the year only a proportionate deduction is allowable.
Statement No. 7.—Dividends from Companies in All States, including Shares Distributed as Bonus Shares out of Current Profits.
Name of Company. | Address. | * Amount. | Office useonly. Net amount after allowing rebate. | Name of Company. | Address. | * Amount. | Office use only. Net amount after allowing rebate. |
£ | £ | £ | £ |
* The gross amount of dividends must be shown. Any rebates allowable on account of income having been earned by the Company outside Australia will be calculated and deducted by the Department. Carry total amount from this Statement to Item 20.
Statement No. 8.—Particulars of Taxable Interest Received.
Taxable Interest: | Exempt interest (not to be returned): |
Is Interest from— | |
| Is Interest from— |
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,, ,, ,, ,, ,, ,, Savings Bank. | |
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Name of Bank, Company, Firm, or Person to whom Money is lent. (If War Loan. insert “Commonwealth Government.”) | Address. | Principal Amount. | Rate of Interest. | State whether Motrgage, Deposit, Bonds, Debentures, or otherwise, or War Loan Bonds or Stock. | Amount of Interest received during year ended 30.6.. .. |
Carry total amount of taxable interest shown above to Item 20.
Federal Income Tax.
________
INSTRUCTIONS TO PERSONS MAKING RETURNS.
__________
Omission of any Income from a Return or Claims for Deductions in excess of amounts expended will render the Taxpayer liable to a penalty of £1or Double the Tax Evaded by the Omission or Excessive Deduction. [If this is your first Return, send accompanying letter explaining why returns have not been furnished previously.]
Returns.
(i)
(
a )All Persons, resident in Australia, in receipt of a gross income exceeding £300.(
b )Companies and Absentees having an income of £1or upwards.
(ii) It is necessary to complete the Return, sign the
declaration, and deliver or forward the Return to the Commissioner at the
office prescribed by regulation 19. (
(iii)
(iv)
(v)
You are required to notify to the Deputy Commissioner any change of address for service of Notices, &c.
The amount of salary or wages received should be ascertained from the employer (s) and in all cases the name of the employer (s) must be stated in the Form of Return.
Trustees and Beneficiaries in Trust Estates.
(vi) The senior or active trustee should make the Return and Statement. Each beneficiary must also make a separate individual Return which if he has no other source of income should be attached to, and lodged with, the trustee’s return wherever possible.
Income.
(vii)
(viii)
(ix)
(x) War
Farmers and Graziers.
(xi)
Bawra Shares and Certificates were treated as income
at date of receipt of their then market value. There is thus no occasion for
original holders to show any thing in the Return form in respect of moneys
received in retirement of Certificates and Shares. Persons
Land Transactions (Item 9).
(xii) Under decisions of the Courts, a partnership,
syndicate, company, or individual that
Live Stock on Hand at Beginning and End of Year.
Values to be included in Return.
(
The values for live stock on hand at 1st July, , should be the values shown in the Income Tax Assessment for last year as the values of the stock on hand at 30th June,
(
Taxpayers have two choices, and must in all future years adhere to the choice they elect to make: —
1. They may omit, until sold or otherwise disposed of, all the natural increase of their stock which was born between 1st July, , and 30th June, , or during a business trading year which the taxpayer may have arranged with the Department in lieu of the year ending 30th June,
The remainder of the live stock on hand at the end of the year must be shown:—
(
a )for stock purchased during the year —at cost price or market value, whichever the taxpayer prefers.(
b )for stock carried forward in the accounts from the previous year — average price per head at which they were so carried forward, or the market selling price, whichever the taxpayer prefers.2.
Where the natural increase is included each year.
The stock should be dealt with as in 1 (
“Cost” for natural increase is the price selected by the owner within the prescribed limits stated below. It should not be less than the minimum or more than the maximum price shown.
When the cost is once selected it must be adhered to for all future years. Compare the selected cost with the market selling value, and use whichever value is preferred as the value of the natural increase on hand at the end of the year.
Minimum. | Maximum | |||
Sheep..................... | 2 | 6......... | 10 | 0 |
Cattle...................... | 10 | 0......... | 100 | 0 |
Horses.................... | 15 | 0......... | 60 | 0 |
Pigs........................ | 5 | 0......... | 20 | 0 |
3. “
Killed for Rations. ”
If the live-stock owner has elected to exclude his natural increase until it is sold, he must include in the value of stock killed for rations, any natural increase so killed and used.
The value at which stock killed and used for rations should be returned is the value at which the particular stock was included in either the stock on hand at 1st July, , or if purchased after that date, the purchase price of the particular stock in question.
Where natural increase of the year has been killed and used for rations, the value to be returned for it is the cost price or market value, whichever the taxpayer prefers.
“Cost price” is as stated above under the heading “Prescribed limits for Cost Price.”
4. The Taxpayer must indicate on the detachable portion of this form of “ Instructions ” the method he wishes to adopt in regard to the taxation of natural increase, and the cost price he selects if he desires to include the natural increase as stock on hand.
The detachable portion of the form should be filled in, detached, and forwarded with the Return form to the Commissioner of Taxation.
Northern Territory.
Income derived from primary production in the Territory by persons resident there is exempt from taxation until 1932.
“Primary production” in this regard means production arising directly from cultivation, maintenance of animals or poultry, mining, or fisheries, and
“Income derived from primary production” means income which is directly derived in the first place from primary production.
Values of Other Trading Stock.
(xiii) The value of all trading stock not disposed of at the
beginning and end of the period covered by the return must be included. Section
16 (
Provided that, for the purpose of computing such profits, the value of trading stock (not being live stock) not disposed of at the beginning and end of the period in which the income was derived shall be taken into account.
Value for this purpose means, in the case of trading stock (not being live stock) the actual cost price or market selling value of each article of trading stock, or the price at which each article of trading stock can be replaced at the option of the taxpayer in respect of each article.
General.
(xiv)
Relief from Tax.
(xv) Section 95 of the
1. “In any case where it is shown to the satisfaction of a Board consisting of the Commissioner, the Secretary to the Treasury, and the Comptroller-General of Customs—
(
a ) that a taxpayer liable to pay income tax has become bankrupt or insolvent; or(
b ) that a taxpayer has suffered such a loss, or is in such circumstances or owing to the death of a person who, if he had lived, would have paid tax, the dependants of that person are in such circumstances that the exaction of the full amount of tax will entail serious hardship,
the Board may release the taxpayer or the executor or administrator of the deceased person (as the case may be) wholly or in part from his liability, and the Commissioner may make such entries and alterations in the assessment as are necessary for that purpose.
2. The Commissioner shall be Chairman of the Board, and the decision of the majority shall prevail.
All applications for relief from tax under this section should be submitted to the office from which the Notice of Assessment issued.
(xvi) Officers of the Department will not be permitted to fill up Returns. This responsibility rests entirely upon taxpayers. All necessary information will be given on application at the office of the Commissioner or Deputy Commissioner.
(xvii)
(xviii)
(xix) The taxpayer must include his income from all sources in one Return.
(xx) The particulars of income should be fully stated. If there is not sufficient room in the Form of Return, a list or statement should be attached.
Allowable Deductions.
(xxi) The allowable deductions are shown in the Return in Parts A, B. C, and D.
(xxii) A deduction allowable of a sinking fund to recoup a line, premium, or foregift, or a consideration in the nature of a fine, premium, or foregift paid in connexion with a lease or the transfer of a lease is calculated by dividing the amount paid by the number of years of the unexpired period of the lease at the date when the payment was made.
(xxiii) In case of any doubt the facts should be laid before the Commissioner or Deputy Commissioner, and a decision as to the allowance of the items should be asked for.
(xxiv) Section 23 (2) provides that any deduction allowed under the Act shall be deducted from the class of income to which it relates. The following are exceptions to this rule, and are deductible from personal exertion or property income, whichever is the greater, viz.:—
(1) Premiums for life insurance, deferred annuity, fidelity guarantee, or bond.
(2) Payments to superannuation, sustentation. widows’ or orphans’ fund, or any friendly society in the Commonwealth.
(3) Gifts to charitable institutions.
(4) Deductions on account of children.
(xxv)
Expenses Not Allowed as Deductions.
(xxvi)
(
a ) Additions or alterations to trade or other income-earning premises.(
b ) Additions to plant and machinery (except in mining businesses under certain conditions).(
c ) Any domestic expenditure, or the cost of living of members of taxpayer’s family not exclusively engaged in the business or who are engaged in domestic duties.(
d )Cost of sewerage connexions.(
e ) Cost of travelling between the taxpayer’s private residence and place of business.(
f ) Depreciation of buildings, leaseholds, or land and improvements (except of covenanted improvements on leasehold land in which improvements the lessee has no tenant rights) or any depreciation of a kind that may be made good by repairs.(
g ) Depreciation of goodwill.(
h ) Doubtful debts.(
i ) Expenditure incurred to protect income.(
j ) Federal Income Tax.(
k )Insurance (fire or burglary) on household furniture or personal effects.(
l ) Interest not actually paid in year ended 30/6/(
m ) Interest paid on money which is not used to produce income.(
n )Losses by fire, accident, robbery, or embezzlement.(
o ) Losses not connected with or arising out of the taxpayer’s trade or business.(
p )Purchase Money paid except for trading stock.(
q ) Payments from husband to wife or from wife to husband, unless the Commissioner is satisfied that the payments have been madebon â fide in the course of business and for services rendered.(
r ) Premiums on insurances effected outside Australia.(
s ) Rent of private residence.(
t ) Rent on trade premises not actually paid in year ended 30/6/(
u ) Repayment of moneys borrowed, including amounts of principal included in annual payments on loans.(
v ) Wastes not actually paid.(
w )Wages to persons not employed in the trade or business.
Options Allowed to Taxpayers.
(xxvii)
percentage allowed =20; reasonably effective life 100/20= 5 years.
(xxviii)
(xxix)
(xxx) Purchasers
GENERAL DIRECTIONS.
(xxxi)
(xxxii)
2. Calls in mining companies. 3. Fire and burglary insurance premiums. 4. Children. (Statement 6 of Return.) 5. Rates and taxes. 6. Repairs.
“Date Incurred” means___
|
9. Contributions to benefit funds.
11. Other business expenses. |
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[Detachable Portion.]
Federal Income Tax.
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METHOD OF VALUING NATURAL INCREASE, LIVE STOCK.
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This sportion of the form must be filled in by all owners of live stock who desire to omit from their Returns all natural increase until it has been sold or otherwise disposed of.
Commonwealth of Australia.
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__________
NOTICE OF ELECTION UNDER SECTION 16 (
I
Dated this..................day of..............192 ………
……………………………………………………
“(
(
a ) in the case of persons lodging Returns during the year 1924, on or before the thirty-first day of December, 1924;(
b ) in the case of persons who have not lodged Returns during the year 1924—
within three months of the date of the first lodging of a Return after the thirty-first day of December, 1924.
Live stock owners who do not wish to omit the natural increase need not use the upper part of this form, but should state below the cost price selected by them for the natural increase of each species of live stock (for example, lambs, calves, &c.), owned by them:—
Lambs........................ |
|
Calves....................... | |
Foals......................... | |
Suckers..................... |
Prepay Postage. | Taxation Office Stamp Only. | |
Send this Return to the Deputy Federal Commissioner of Taxation. Box 769, G.P.O., Melbourne. | Federal Income Tax | File No. |
Commonwealth of Australia. |
COMPANIES DERIVING INCOME IN AUSTRALIA AND PAPUA.
Return of Income derived from all sources in Australia and Papua during the period 1st July, ......, to 30th June, ...........* or..........................to..............................
*If approval has been obtained to submit return for any other period, specify the period.
Name of Company ..................................................................................................................................
Name in full of Public Officer ................................................................................................................
Every Company must appoint a Public Officer, and notify the Deputy Commissioner accordingly, specifying the name of the Officer and address for service. Penalty, £50 for every day during which failure or neglect continues (
vide Sec. 88).
Nature of Business .....................................................................................................................................
Postal Address for service of Notices ........................................................................................................
| £ |
| £ |
| £ |
| £ |
| |
Federal Income Tax.............................................................................. ………………………………………….………………………......... …………………………………………………………………......... ………………………………………………………………………. | £ |
| £ |
| £ |
Date of declaration of Dividend............................................................... | |
Date of payment of Dividend.................................................................. | |
| £ |
The Gross Profit includes:— | |
| £ |
| £ |
| £ |
Return must be accompanied by audited Trading Account, Profit and Loss Account, Appropriation Account, Balance-sheet, and Lists in support of the following deductions:—
Subscriptions, donations, bad debts (showing names of debtors, dates incurred, nature of debts, amounts and dates written off, and reason for writing off), depreciation (giving basis on which depreciation is
claimed), and any deductions covered by general headings (unless lists are attached in support of claims for deductions, such deductions will be disallowed); also—
(
a ) a list of resident shareholders, showing names and addresses and amounts paid to each during twelve months ended 30th June, ......;(
b )the total dividends paid or credited to absentee members, shareholders, or stockholders out of the profits of the period covered by this Return;(
c ) a list of names and addresses of any individual absentees who received or were credited with dividends and interest exceeding a total of £722 during twelve months ended 30/6/......;(
d ) the total interest paid or credited to absentee depositors and debenture holders during the period covered by this Return;(
e ) the total interest paid or credited to residents of Australia in respect of bearer debentures or share stock payable to bearer out of the profits covered by this Return;(
f ) list of names and addresses of persons to whom interest in excess of £50 has been paid or credited during twelve months ended 30/6/......;(
g ) a list of salaries and wages and allowances (inclusive of value of quarters and board supplied) paid to employees whose total remuneration as stated amounted to £200 or over for the twelve months ended 30th June, ......
I, being the duly appointed Officer of the above Company, declare that the particulars shown therein, and also those stated in the Forms, Balance-sheets, Documents, and Lists herewith, are true in every particular, and disclose without reservation or exception a true statement of all Income liable to taxation derived from all sources in Australia and Papua by....................during the year ended....................
Dated this..............day of...................., 19 ......
Usual Signature of Public Officer....................
Third Form.
Commonwealth of Australia.
File No.
Assessment No.
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NOTICE OF OBJECTION TO ASSESSMENT.
I hereby object to the assessment in respect of Income Tax for the financial year made by the Commissioner or Deputy Commissioner of Taxation, and issued to me by notice of assessment dated , and claim that the assessment of my taxable income should be based on the following amounts:—
| £ | |
| £ | |
£ | ||
| £ | £ |
| £ | £ |
| £ | £ |
My reasons for claiming that the assessment should be on the figures stated above are—
(
(
(Date)—
TABLE I.
______
ANNUAL SUM WHICH ACCUMULATED AT COMPOUND INTEREST WILL AMOUNT TO £1 AT THE END OF ANY NUMBER OF YEARS FROM 1 TO 100.
(Annual Investment Aussmed to be Spread Uniformly over Year.)
Years. | 5 per cent. | Years. | 5 per cent. | Years. | 5 per cent. |
£ | £ | £ | |||
1..................... | ·97580 | 36................... | ·01018 | 71................... | ·00158 |
2..................... | ·47600 | 37................... | ·00960 | 72................... | ·00150 |
3..................... | ·30953 | 38................... | ·00906 | 73................... | ·00143 |
4..................... | ·22640 | 39................... | ·00855 | 74................... | ·00136 |
5..................... | ·17660 | 40................... | ·00808 | 75................... | ·00129 |
6..................... | ·14346 | 41................... | ·00763 | 76................... | ·00123 |
7..................... | ·11985 | 42................... | ·00722 | 77................... | ·00117 |
8..................... | ·10219 | 43................... | ·00682 | 78................... | ·00111 |
9..................... | ·08850 | 44................... | ·00646 | 79................... | ·00106 |
10................... | ·07758 | 45................... | ·00611 | 80................... | ·00100 |
11................... | ·06869 | 46................... | ·00578 | 81................... | ·00096 |
12................... | ·06130 | 47................... | ·00548 | 82................... | ·00091 |
13................... | ·05509 | 48................... | ·00519 | 83....................... ....................... | ·00087 |
14................... | ·04979 | 49................... | ·00492 | 84................... | ·00082 |
15................... | ·04522 | 50................... | ·00466 | 85................... | ·00078 |
16................... | ·04125 | 51................... | ·00442 | 86................... | ·00075 |
17....................... ....................... | ·03776 | 52................... | ·00419 | 87................... | ·00071 |
18................... | ·03469 | 53................... | ·00397 | 88................... | ·00068 |
19................... | ·03195 | 54................... | ·00377 | 89................... | ·00064 |
20................... | ·02951 | 55................... | ·00358 | 90................... | ·00061 |
21................... | ·02732 | 56................... | ·00340 | 91................... | ·00058 |
22................... | ·02534 | 57................... | ·00322 | 92................... | ·00055 |
23................... | ·02355 | 58................... | ·00306 | 93................... | ·00053 |
24................... | ·02193 | 59................... | ·00291 | 94................... | ·00050 |
25................... | ·02045 | 60................... | ·00276 | 95................... | ·00048 |
26................... | ·01909 | 61................... | ·00262 | 96................... | ·00046 |
27................... | ·01785 | 62................... | ·00249 | 97................... | ·00043 |
28................... | ·01671 | 63................... | ·00237 | 98................... | ·00041 |
29................... | ·01566 | 64................... | ·00225 | 99................... | ·00039 |
30................... | ·01469 | 65................... | ·00214 | 100................. | ·00037 |
31................... | ·01379 | 66................... | ·00203 | ||
32................... | ·01296 | 67................... | ·00193 | ||
33................... | ·01219 | 68................... | ·00183 | ||
34................... | ·01147 | 69................... | ·00174 | ||
35................... | ·01080 | 70................... | ·00166 |
TABLE II.
______
AMOUNT OF £1 PER ANNUM.
(i.e., the sum to which an annual payment of £1 accumulated at compound interest will amount at the end of any number of years from 1 to 50.)
Years. | 5 per cent. | Years. | 5 per cent. | Years. | 5 per cent. |
£ | £ | £ | |||
1.................... | 1· | 18................... ................... | 28·13238467 | 35................ | 90·32030735 |
2.................... | 2·05 | 19................ | 30·53900391 | 36................ | 95·83632272 |
3.................... | 3·1525 | 20................ | 33·06595410 | 37................ | 101·62813886 |
4.................... | 4·310125 | 21................ | 35·71925181 | 38................ | 107·70954580 |
5.................... | 5·52563125 | 22................ | 38·50521440 | 39................ | 114·09502309 |
6.................... | 6·80191281 | 23................ | 41·43047512 | 40................ | 120·79977424 |
7.................... | 8·14200845 | 24................ | 44·50199887 | 41................ | 127·83976295 |
8.................... | 9·54910888 | 25................ | 47·72709882 | 42................ | 135·23175110 |
9.................... | 11·02656432 | 26................ | 51·11345376 | 43................ | 142·99333866 |
10.................. | 12·57789254 | 27................ | 54·66912645 | 44................ | 151·14300559 |
11.................. | 14·20678716 | 28................ | 58·40258277 | 45................ | 159·70015587 |
12.................. | 15·91712652 | 29................ | 62·32271191 | 46................ | 168·68516366 |
13.................. | 17·71298285 | 30................ | 66·43884750 | 47................ | 178·11942185 |
14.................. | 19·59863199 | 31................ | 70·76078988 | 48................ | 188·02539294 |
15.................. | 21·57856359 | 32................ | 75·29882937 | 49................ | 198·42666259 |
16.................. | 23·65749177 | 33................ | 80·06377084 | 50................ | 209·34799572 |
17.................. | 25·84036636 | 34................ | 85·06695938 |
TABLE III.
THE LIMITS WITHIN WHICH A TAXPAYER MAY SELECT THE COST PRICE IN RELATION TO NATURAL INCREASE OF LIVE STOCK.
Sheep. | Cattle. | Horses. | Pigs: | |||||||||
£. | £. | £. | £. | |||||||||
Minimum Value....................... | 0 | 2 | 6 | 0 | 10 | 0 | 0 | 15 | 0 | 0 | 5 | 0 |
Maximum Value...................... | 0 | 10 | 0 | 5 | 0 | 0 | 3 | 0 | 0 | 1 | 0 | 0 |
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By Authority: H. J. Green, Government Printer, Canberra.
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