Land and Income Tax Assessment Act Amendment Act 1931 (WA)

No. 42.] Land and Income Tax Assessment. [1931.

LAND AND INCOME TAX ASSESSMENT.

22° Caw. V., No. XLII.

No. 42 of 1931.

AN ACT to amend section fifty-five of the Land and

Income Tax Assessment Act, 1907-1924.

[Assented to 3rd December, 1931.]

130 E it enacted by the King's Most Excellent Majesty, byCouncil and Legislative Assembly of Western Australia, inand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows:—

Short title. 1.

Tins Act may be cited as the Land and Income Tax Assessment Act Amendment Act, 1931, and shall be read as one with the Land and Income Tax Assessment Act, 1907- 1924, as reprinted in the Appendix to the Sessional Volume of the Statutes for the year 1924, hereinafter referred to as the principal Act.

Amendment 2.

Section fifty-five of the principal Act is hereby re- pealed, and a section is inserted in lieu thereof, as follows:-

of s. 55.

Income tax may be

paid by instal-	55. (1.) Any taxpayer who has lodged his income tax returns in accordance with the provisions of this Act for any year of assessment, and who is liable for income tax in respect thereof, shall, within fourteen days after a date to be notified by the Commissioner by publication in the Government Gazette, make application to the Com- missioner for payment by monthly or other periodical instalments of the income tax payable or to become pay- able by him in respect of the income chargeable shown in such return, notwithstanding that such income tax may not then have been assessed.
ments in certain
cases.

1931.] Land and Income Taw Assessment. [No. 42.

(2.) Upon receipt of such application the Commis- sioner shall fix the amount of the monthly or other periodical instalment to be paid at such amount as he shall deem reasonable, based on the income chargeable shown in the return of the taxpayer calculated at the rate which shall then have last been imposed by law in re- spect of such income. When the Commissioner has fixed the amount of the monthly or other periodical instal- ment as aforesaid, he shall give notice thereof to the tax- payer in the prescribed form, and fix the dates of pay- ment for such instalments.

(3.)

When a taxpayer has received from the Commis- sioner the notice mentioned hi subsection (2) hereof, he shall thereafter, on or before the due date fixed for pay- ment of each and every periodical instalment as afore- said, pay to the Commissioner the amount of such monthly or other periodical instalment on account of the income tax payable or to become payable by him.

(4.)

As and when the amount of the income tax pay- able by such taxpayer is assessed by the Commissioner under this Act, credit shall be given to the taxpayer for the amount of the monthly or other periodical instal- ments already paid by him on account of the same. If the amount of such instalments shall exceed the amount of the income tax assessed, the taxpayer shall be entitled forthwith to a refund of the excess under and in accord- ance with the provisions of section sixty-one of this Act. If the amount of such instalments is less than the amount of the income tax assessed, the balance of income tax payable after giving credit for the amount of instalments paid shall be due and payable within the time prescribed by section fifty-two of this Act, but such balance may during such time be paid by means of such monthly in- stalments.

3. The principal Act, as amended by the Land and Income Citation of prim

Tax Assessment Act Amendment Act, 1930 (No. 42 of 1930), attecdt."

and by this Act may be cited as the Land and Income Tax

Assessment Act, 1907-1931.