Revenue Laws Amendment (Taxation) Act 1996 (WA)

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WESTERN AUSTRALIA

REVENUE LAWS AMENDMENT

(TAXATION) ACT 1996

No. 21 of 1996

AN ACT to amend the —

Land Tax Act 1976; and

Pay-roll Tax Act 1971.

[Assented to 28 June 1996.]

The Parliament of Western Australia enacts as follows:

No. 21]

Revenue Laws Amendment (Taxation)

s. 1

Act 1996

PART 1 — PRELIMINARY

Short title

1. This Act may be cited as the Revenue Laws Amendment

(Taxation) Act 1996.

Commencement

2.   (1)

If this Act receives the Royal Assent on or before 1 July 1996 it comes into operation on 1 July 1996.

If this Act receives the Royal Assent after 1 July 1996 it is deemed to have come into operation on 1 July 1996.

(2)

Revenue Laws Amendment (Taxation)

[No. 21

Act 1996

s. 3

PART 2 — LAND TAX ACT 1976

Principal Act

3.   In this Part the Land Tax Act 1976* is referred to as the

principal Act.

[* Act No. 13 of 1976.

For subsequent amendments see 1995 Index to

Legislation of Western Australia, Table 1, p. 121.]

Section 8 amended

4. Section 8 of the principal Act is amended by deleting ‘‘, and for each year of assessment thereafter,’’.

Section 9 added

5.   After section 8 of the principal Act the following section is

added —

‘‘

Land tax rate from 1996

9. For the year of assessment commencing on 1 July 1996, and for each year of assessment thereafter, land tax is imposed, and shall be payable pursuant to the Land Tax Assessment Act 1976, at the rate shown in Schedule 5.

’’.

No. 21]

Revenue Laws Amendment (Taxation)

s. 6

Act 1996

Schedule 5 added

6. The principal Act is amended by adding after Schedule 4 the following Schedule —

‘‘

SCHEDULE 5

[Section 9]

Unimproved value of the

land under the Land Tax

Rate

Assessment Act 1976

Not

Exceeding

Exceeding

$

$

0

10 000

Nil

10 000

70 000

$15.00 plus 0.15 cent for each $1 in excess of $10 000

70 000

130 000

$105.00 plus 0.25 cent for each $1 in excess of $70 000

130 000

190 000

$255.00 plus 0.45 cent for each $1 in excess of $130 000

190 000

260 000

$525.00 plus 0.80 cent for each $1 in excess of $190 000

260 000

600 000

$1 085.00 plus 1.20 cents for each $1 in excess of $260 000

600 000

1 100 000

$5 165.00 plus 1.60 cents for each $1 in excess of $600 000

1 100 000                $13 165.00 plus 2.00 cents for each $1 in excess of $1 100 000

’’.

Revenue Laws Amendment (Taxation)

[No. 21

Act 1996

s. 7

PART 3 — PAY-ROLL TAX ACT 1971

Principal Act

7.   In this Part the Pay-roll Tax Act 1971* is referred to as the

principal Act.

[* Reprinted as at 10 September 1992.

For subsequent amendments see 1995 Index to

Legislation of Western Australia, Table 1, p. 164.]

Section 5 amended

8. Section 5 of the principal Act is amended by repealing subsections (2) and (3) and substituting the following subsections —

‘‘

(2) If the amount of taxable wages paid or payable by an employer for a month after the month of June 1996 is —

(a)

not more than $208 333, the rate of pay-roll tax payable each month is 3.95%;

(b)

morethan$208333butlessthan $347 222, the rate of pay-roll tax payable each month is R%, where —

R 8 229.15 0.0645 (W 208 333)

× 100

W

(calculated to 4 decimal points)

W = amount of taxable wages paid or payable

for the month;

No. 21]

Revenue Laws Amendment (Taxation)

s. 8

Act 1996

(c)

notlessthan$347222butlessthan $434 028, the rate of pay-roll tax payable each month is R%, where —

R 17 187.49 0.102 (W 347 222)

× 100

W

(calculated to 4 decimal points)

W = amount of taxable wages paid or payable

for the month;

(d)

$434 028 or more, the rate of pay-roll tax payable each month is 6%.

(3) If the amount of taxable wages paid or payable by an employer for a financial year commencing on 1 July 1996 or 1 July of a subsequent year is —

(a)

not more than $2 500 000, the rate of pay- roll tax for the year is 3.95%;

(b)

morethan$2500000butlessthan $4 166 667, the rate of pay-roll tax for the year is R%, where —

R 98 750 0.0645 (W 2 500 000)

× 100

W

(calculated to 4 decimal points)

W = amount of taxable wages paid or payable

for the year;

(c)

notlessthan$4166667butlessthan $5 208 333, the rate of pay-roll tax for the year is R%, where —

R 206 250.02 0.102 (W 4 166 667)

×100

W

(calculated to 4 decimal points)

W = amount of taxable wages paid or payable

for the year;

Revenue Laws Amendment (Taxation)

[No. 21

Act 1996

s. 9

(d)

$5 208 333 or more, the rate of pay-roll tax for the year is 6%.

’’.

Section 6 amended

9. Section 6 of the principal Act is amended by repealing subsections (6) and (7) and substituting the following subsections —

‘‘

(6) If the estimated total interstate wages and taxable wages paid or payable by an employer for a financial year commencing on 1 July 1996 or 1 July of a subsequent year is —

(a)

notmorethan$2500000,therateof pay-roll tax payable each month for the year shall be determined as 3.95%;

(b)

morethan$2500000butlessthan $4 166 667, the rate of pay-roll tax payable each month for the year shall be determined as R%, where —

R 98 750 0.0645 (E 2 500 000)

× 100

E

(calculated to 2 decimal points)

E = amount of total interstate wages and taxable wages estimated by the employer to be paid or payable for the year;

(c)

notlessthan$4166667butlessthan $5 208 333, the rate of pay-roll tax payable each month for the year shall be determined as R%, where —

R 206 250.02 0.102 (E 4 166 667)

×100

E

(calculated to 2 decimal points)

E = amount of total interstate wages and taxable wages estimated by the employer to be paid or payable for the year;

No. 21]

Revenue Laws Amendment (Taxation)

s. 9

Act 1996

(d)

$5 208 333 or more, no determination shall be made under this subsection.

(7) Subject to subsection (11), if the amount of total interstate wages and taxable wages paid or payable by an employer for a financial year commencing on 1 July 1996 or 1 July of a subsequent year is —

(a)

not more than $2 500 000, the rate of pay- roll tax for the year is 3.95%;

(b)

morethan$2500000butlessthan $4 166 667, the rate of pay-roll tax for the year is R%, where —

R 98 750 0.0645 (W 2 500 000)

× 100

W

(calculated to 4 decimal points)

W = amount of total interstate wages and taxable wages paid or payable for the year;

(c)

notlessthan$4166667butlessthan $5 208 333, the rate of pay-roll tax for the year is R%, where —

R 206 250.02 0.102 (W 4 166 667)

×100

W

(calculated to 4 decimal points)

W = amount of total interstate wages and taxable wages paid or payable for the year;

(d)

$5 208 333 or more, the rate of pay-roll tax for the year is 6%.

’’.

Revenue Laws Amendment (Taxation)

[No. 21

Act 1996

s. 10

Section 7 amended

10. Section 7 of the principal Act is amended by repealing subsections (7) and (8) and substituting the following subsections —

‘‘

(7) If the estimated total interstate wages and taxable wages paid or payable by all members of a group that pay taxable wages in Western Australia for a financial year commencing on 1 July 1996 or 1 July of a subsequent year is —

(a)

not more than $2 500 000, the rate of pay- roll tax payable each month by each member of the group for the year shall be determined as 3.95%;

(b)

morethan$2500000butlessthan $4 166 667, the rate of pay-roll tax payable each month by each member of the group for the year shall be determined as R%, where —

R 98 750 0.0645 (E 2 500 000)

× 100

E

(calculated to 2 decimal points)

E = amount of total interstate wages and taxable wages estimated to be paid or payable for the year by all members of the group that pay taxable wages in Western Australia;

(c)

notlessthan$4166667butlessthan $5 208 333, the rate of pay-roll tax payable each month by each member of the group for the year shall be determined as R%, where —

R 206 250.02 0.102 (E 4 166 667)

×100

E

(calculated to 2 decimal points)

No. 21]

Revenue Laws Amendment (Taxation)

s. 10

Act 1996

E = amount of total interstate wages and taxable wages estimated to be paid or payable for the year by all members of the group that pay taxable wages in Western Australia;

(d)

$5 208 333 or more, no determination shall be made under this subsection.

(8) Subject to subsection (12), if the amount of total interstate wages and taxable wages paid or payable by all members of a group that pay taxable wages in Western Australia for a financial year commencing on 1 July 1996 or 1 July of a subsequent year is —

(a)

not more than $2 500 000, the rate of pay- roll tax for the year is 3.95%;

(b)

morethan$2500000butlessthan $4 166 667, the rate of pay-roll tax for the year is R%, where —

R 98 750 0.0645 (W 2 500 000)

× 100

W

(calculated to 4 decimal points)

W = amount of total interstate wages and taxable wages paid or payable for the year by all members of the group that pay taxable wages in Western Australia;

(c)

notlessthan$4166667butlessthan $5 208 333, the rate of pay-roll tax for the year is R%, where —

R 206 250.02 0.102 (W 4 166 667)

×100

W

(calculated to 4 decimal points)

Revenue Laws Amendment (Taxation)

[No. 21

Act 1996

s. 11

W = amount of total interstate wages and taxable wages paid or payable for the year by all members of the group that pay taxable wages in Western Australia;

(d)

$5 208 333 or more, the rate of pay-roll tax for the year is 6%.

’’.

Existing rates and liabilities not affected

11. Without limiting the operation of the Interpretation Act 1984, the provisions of the principal Act as in force immediately before the commencement of this Act, insofar as they apply to a period before that commencement, continue to have effect in relation to the imposition of pay-roll tax under the principal Act in respect of wages paid or payable for that period and the assessment, collection and payment of any pay-roll tax imposed in respect of such wages.

By Authority: JOHN A. STRIJK, Acting Government Printer

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