Social Services Tax (Management) Amendment Act 1940 (NSW)

SOCIAL SERVICES TAX (MANAGEMENT)

AMENDMENT ACT.

Act No. 24, 1940.

George VL An Act to amend the Social Services Tax 0, (Management) Act, 1939-1940, in certain

respects; and for purposes connected there­

with. [Assented to, 1st November, 1940.]

jO E it (‘iiactcd by tlie Ivin_L,̂ ’s IVEost Excellent !Majes;ty,

J3 by ami 'with the advice and consent oE tbe Legis­

lative Council and Legislative Assembly of Ktnv South Wales in Parliament assembled, and by tbe authority of the same, as follows ;—

Short title	1 . (1) This Act may be cited as the “ Social Services (2) The Social Services Tax (Management) Act, 1939-1940, as amended by this Act, may be cited as the Social Services Tax (Maiiawment) Acts, 1939-1940,
and citation.	Tax (Management) Amendment Act, 1940.”

Amendment	2. The Social Services Tax (Management) Act, 1939­
c< Act No,

J1 of 1039. 1940, is amended—

Sec. 2, (a) by omitting from snljsection two of section two “ Dependant” means a person who resides in Australia and 'who is wholly main­ tained by the taxpayer and who is the spouse of the taxpayer* or is a child under the age of sixteen years.

(Defini­	the definition of “ Dependant” and hy inserting
tions.)	in lieu thereof the fallowing dehnition;—

For

Social Services Tax (Management) Amendment Act. 293

For the purposes of the application of this definition to any provision contained in Part III of this Act a spouse shall be deemed to be wholly maintained if the net amount of income derived by such spouse from all sources during the year of income did not exceed one hundred pounds.

For the purposes of the applica­ tion of this definition to any provision contained in Part V of this Act a spouse shall be deemed to be wholly maintained if the net amount of income 'derived by such spouse from all sources during the year next preceding the year of income did uiot exceed one hundred pounds.

(b) (i) by omitting from paragraph (hi) of sub- See. io(i).

section one of section ten the words “ is (Exemp-

less than” and by inserting in lieu thereof

the words “ does not exceed” ;

(ii)  by omitting from the same paragraph the word “ eighteen” and by inserting in lieu thereof the word “ twenty” ;

(iii)  by inserting in paragraph (il) of the same subsection after the words “ one thousand nine hundred and forty” the words “ and before the first day of August, one thousand nine hundred, and iorty ” ;

(iv)  by omitting the proviso to the same para­ . graph;

(v)  by inserting next after the same paragraph the following.new paragraph:—

(i2) the income from employment of an employee derived after the thirty- first day of July, one thousand nine hundred and forty, while he is in receipt of such income at a rate not exceeding three pounds per week or the equivalent houtly or daily rate or where the employee has a dependant while he is in receipt of

r\ such

294                Social Services Tax (Management) Amendment Act.

No. 24, 1940.

such income at a rate not exceeding four pounds five shillings per week or the equivalent hourly or daily ra te :

Provided that neither this exemp­ tion nor the exemption referred to in paragraph (il) of this subsection shall apply to any income from employment derived during any year of income subsequent to the year of income ended on the thirtieth day of June, one thousand nine hundred and thirty-nine, by an employee whose total income from all sources during the year of income exceeds one hundred and fifty-six pounds or where the employee has a dependant exceeds two hundred and twenty pounds in either of which cases such income from employment shall be deemed to be net assessable income of the year of income in which it is derived.

(vi) by inserting in paragraph (k) of the same subsection, after the word “ others” , the words “ , being non-residents, who are”

Sec. 12 (6).	(c) (i) by omitting the proviso to paragraph (b)
(Deductions

to a	of subsection six of section twelve and by
company in	inserting in lieu thereof the following
respect of
dividends.)	provisos;—
Provided that where a dividend is appro­ priated wholly and exclusively from profits, other than the profits or incomes specified in paragraphs (a), (b), (c), (d) or (f), of section fifty-three of the Principal Act, the profits or incomes so specified shall be excluded from the apportionment under this paragraph:
Provided further that where a dividend is appropriated wholly and exclusively from one or more of the profits or incomes specified in paragraphs (a), (b), (c), (d)

{ ■ or

• - 'p-t-

Social Services Tax (Management) Amendment Act. 295

or (f) of section fifty-three of the Principal Act, that dividend and the profits or incomes so appropriated shall be excluded from the apportionment under this para­ graph.

(ii)   by inserting at the end of the same section the following new subsection:—

(7) Subsection six of this section shall not apply to allow any deduction in respect of a dividend appropriated wholly and exclusively from one or more of the profits

‘ or incomes specified in paragraphs (a), (b), (c), (d) or (f) of section fifty-three of the Principal Act.

' (d) (i) by omitting from subsection one of section Sec. i4.

fourteen the word “ one-third” and by (Rebateof

inserting in lieu thereof the word “ two-

s e v e n t h s ’ ’ ; assessable

. . income.)

(ii)  by inserting at the end of subsection two of the same section the following words:—

“ For this purpose the amount of dividend so included shall be deemed to be the amount remaining after deducting from the amount of dividend included in the assessable income deductions allowable to him from income from dividends.”

(iii)  by omitting from subsection four of the same section the words “ of eight shillings and eightpence” and by inserting in lieu thereof the words “ equivalent to two- sevenths of twenty-six shillings” ;

(iv)  by omitting from subsection five of the

same section the words “ eight shillings and

eightpence ’ ’ and by inserting in lieu thereof • ’

the words “ the rebate allowable under sub­

section four of this section” ;

(v)  by inserting at the end of the same section the following new subsections:—

(8) Where the Commissioner is satisfied

that a rebate of State Income Tax is allow­

able under section thirty-six of the Principal

' Act

290:	Social Services Tax (Management) Amendment Act.
Nil: 24, 194«l

Act in respect of profit arising from the sale in this State of goods produced, manu­ factured or partly manufactured out of Australia, he shall allow a rebate as follows:—

(a), where the goods are wholly produced or manufactured out of Australia —a rebate of. one-half of the tax payable under this Act on the profit; or

(h) where the goods are subject to further processes of manufacture in Australia—a rebate of an amount determined: by the Commissioner not exceeding one-half of the tax payable under this Act on the profit.

(9) Where the amount of tax which

would, but for this subsection, be payable by a person (other than a company) domiciled in.this State exceeds two-sevenths of the difference betv^een his total income from all sources during' the year of income and—

(a)	the sum of'one hundred’and fifty-six pounds—where such person has no dependant; or
(b)	the sum of two hundred and twenty pounds—where such person has a dependant,

such person shall be entitled to a rebate of tax in his assessment of a sum equivalent to such excess.

Sec. 21.

(Rebate from (e) by omitting from subsection one of section

tax upon

twenty-one the words “ two pence” and by

income from

•«nployment.)

inserting in lieu thereof the words “ two-

sevenths of sixpence.”

New sec. (f) by inserting next after section twenty-one the

l̂A.	following new section—
Further	21a. Wliere the amount of tax upon incoml from employment which would, but for this sec­ tion, be payable by an employee in respect of
rebate.

any

Social Services Tax Act. •297

Ho. 24,110(0.

any week exceedŝ two-sevenths of the diffei'enee between the meoine from employment earned b; him in that week and—

(a)	the sum of three pounds—where the employee has no dependant; or
(b)	the sum of four pounds five shillings— where the employee has a dependant,

such employee shall be entitled to a rebate from

the tax of a sum equivalent to such excess.