Special Income and Wages Tax Act 1935 (NSW)

SPECIAL INC03IE AND WAGES

TAX ACT.

Act No. 45, 1935.

Geoigev. An Act to iinpose a Special Income Tax on net

— assessable incomes; to impose a Wages Tax on income from wages; and for pur­ poses connected therewith. [Assented to, 31st October, 1935.]

'T )E it enacted bv tlie King’s Most Excellent Majesty, f j by and with tlic advice and consent of the Levris- lative Council and Legislarivc Assembly t)f Now South Wales in Parliament assembled, and by the authority of the same, as follows ;—

PA ET I.

P eelimixary.

Biorttitle. This Act may be cited as the “ Special Income and

Wages Tax Act, 1935.

Special Income and Wages Tax Act. 475

No. 45, 1935.

2. This Act is divided into Parts as follows:—

Division

PART I.—P eelimixaey—ss. 1, 2.	into Parts.
PART II.—Special I ncome T ax—ss. 3-8.
PART III.—W ages T ax— ss . 9-13.

PART II.

Special I ncome T ax.

3. This Part of this Act shall be construed with the Constructiou

Special Income and Wages Tax (Management) Act,

1933-1934.

4. There shall be charged, levied, collected and paid Levy of

for the use of His Majesty and for the credit of the Consolidated Revenue Fund, under the provisions of the Special Income and Wages Tax (Management) Act, 1933-1934, and the regulations made thereunder, and subject to the exemptions in that Act contained, Siiecial Income Tax at the respective rates in this Part of this Act provided.

5. In respect of the net assessable income derived by Kates of

every person other than a company during the income

year ended on the thirtieth day of June, one thousand on'inconies

nine hundred and thirty-five, or such other period as

has, prior to the commencement of this Act, been or may, companies,

after such commencement, be accepted by the Commis­

sioner under the provisions of the Principal Act in lieu

thereof, the rates of Special Income Tax shall be as

set out in the First Schedule to this Act.

6. (1) Where a trust estate falls to be distributed or a Kates of

person is about to leave the State after the close of the

income year ending on the thirtieth day of June, one cases.̂	,
thousand nine hundred and thirty-five, and before the passage of an Act fixing the rate of Special Income Tax

in

476                  Speeial Income and Wages Tax A et

Mo. 46 ̂1936.

i n respect of net assessable income derived after sueh

income year and an assessment of Special Income Tax becomes necessary the rates of tax to be paid in respect of such net assessable income shall be those set out in Part I of the First Schedule to this Act.

(2) Where, after the close of the income year ending on the thirtieth day of June, one thousand nine hundred and thirty-five, and before the passage of an Act fixing the rate of Special Income Tax in respect of net assessable income derived after such income year, the Commissioner, pursuant to section twenty-four of the Principal Act, requires a return to bo made, and an assessment of Special Income Tax becomes necessary, the rate of tax to be paid in respect of such net assess­ able income shall be tenpence in each pound of the net assessable income.

Kate of Special

Income Ta.\	7. (1) In respect of the ineome derived by every
payable under

section ten of	person (other than a company) not domiciled in the State
Special Income
and Wages Tax	and by every foreign company, consisting, of dividends
Act, 1933­
(Management)	or interest referred to in section ten of the Special In­
1934.	come and Wages Tax (Management) Act, 1933-1934, during the income year ended on the thirtieth day of June, one thousand nine hundred and thirty-five, the rate of Special Income Tax shall be tenpence in each pound thereof.
(2) Where the dividend or interest is paid after the thirtieth day of Jmie, one thousand nine hundred and thirty-five, and before the passage of an Act fixing the rate of Special Ineome Tax for any ineome year ending at any later date, the rate of Special Ineome Tax shall be ronpence in each pound of the dividend or interest.

Bate of	8. (1) In respect of the net assessable income derived
Special

Income Tax	by every company during the income year ended on the
on incomes	thirtieth day of June, one thousand nine hundred and
of com­
panies.	thirty-five, or such other period as has, prior to the commencement of this Act, been or may, after such com­ mencement, be accepted by the Commissioner under the provisions of the Principal Act in lieu thereof, the rates of Special Income Tax shall be tenpence in e-neh pound tliereof.

( 2 )

Special Income and Wages Tax Act. 477

(2) Where a company is being wound up after the close of the income year ending on the thirtieth day of June, one thousand nine hundred and thirty-five, and before the passage of an Act fixing the rate of Special Income Tax in respect of not assessable income derived after such income year, and an assessment of Special Income Tax becomes necessary, the rate of tax to be paid in respect of such net assessable income shall be tenpence in each pound of the net assessable income. _L *

•	PAKT III.
W ages Tax.

Divisiox 1.—Construction.

9.       This Part of this Act shall be construed Avith the Construc-

Special Income and Wages Tax (Management) Act,

1933-1934. '

Division 2.—Income from wages derived before first

January, one thousand nine hundred and thirty-six.

10.       There shall be charged, levied, collected and paid î evyof

Special Income and Wages Tax (Management) Act, 1933-1934, and the regulations made thereunder, and subject to the exemptions in that Act contained. Wages Tax at the respective amounts or at the respective rates provided in sections eleven and tAvelve of this Act, in respect of income from wages derived by every person other than a company during the period commencing on the first day of November, one thousand nine hundred and thirty-five, and ending on the thirty-first day of Decera- ber, one thousand nine hundred and thirty-five, both inclusive.

for the use of His Majesty and for the credit of t h e Tax.

478                 Special Income and Wages Tax Act.

No. 45, 1935.

11. Whore the income from wages earned in any week

Amounts

of Wages	does not exceed three pounds ten shillings, or where the
Tax.	employee is paid fortnightly and the ineome from wages earned in any fortnight does not exceed seven pounds, the amounts of Wages Tax payable shall be as follows:—

(a)	Where an employee is paid weekly—
(i) earned in any week is not less than two pounds

if the income from wages Ninepenee. pounds ten shillings.

(ii)  if the income from wages One shilling and

earned in any week ex- threepence,

ceeds two pounds ten shillings and does not ex­ ceed three pounds.

(iii)  if the income from wages One shilling and

earned in any week ex- ninepenee.

ceeds three pounds and does not exceed three pounds ten shillings.

(b)	AVhere an employee is paid fortnightly—
(i) if the income from wages One shilling and

earned in any fortnight	sixpence.
is not less than four pounds and does not ex­ ceed five pounds.

(ii)  if the income from wages Two shillings and

earned in any fortnight sixpence,

exceeds five i:>ounds and does not exceed six pounds.

(iii) if the income from wages Three shillings

earned in any fortnight	and sixpence,
exceeds six pounds and does not exceed seven pounds.

Special Income and Wages Tax Act. 479

. , ̂ No. 45, 1935.

' (c) Where an employee is paid at other than weekly —

,	or fortnightly intervals—
(i) if the income from wages Ninepenee for '

earned in any week is not	every	such
less than two pounds and	week,
does not exceed two pounds ten shillings.

(ii)  if the income from wages One shilling and

earned in any week ex-	threepence for
ceeds two pounds ten	every such
shillings and does not	week,

exceed three pounds.

(iii)  if the income from wages One shilling and

earned in any week ex-	ninepenee for
ceeds three pounds and	every such
does not exceed three	week,

pounds ten shillings.

12.        Where the income from wmges earned in any week Rates of

exceeds three pounds ten shillings, or where the employee ol̂ mcom̂ is paid fortnightly and the income from wages earned in over three any fortnight exceeds seven pounds, the rates of Wagesshillings. Tax shall be as follows:—

(a)	Where an employee is paid weekly-
(i) on so mneh of the income Sixpence in each

from wages earned in

pound thereof.

any week as does not ex­

ceed two pounds.

(ii)  on so much of the income One penny in each

from wages earned in	two shillings
any week as exceeds two	and sixpence
pounds and does not ex-	thereof.

ceed four pounds.

(iii)  on so much of the income One penny in each

from wages earned in	two shillings
any week as exceeds four	thereof,

pounds.

. (b)

4»0	Spaeiai Income and Wages Tax Act.
No.. 45, 1935.

(b)	Where an employee is paid fortnightly—
(i) on so much of the income Sixpence in each

from wages earned in pound thereof,

any fortnight as does not

exceed four pounds.

(ii)  on so much of the income Twopence in each

from wages earned in five shillings

any fortnight as exceeds thereof.

four pounds and does

not exceed eight pounds.

(iii)

on so much of the income Two-pence in each

from wages earned in	four shillings
any fortnight as exceeds	thereof.

eight pounds.

(c)	Where an employee is paid at other than weekly or fortnightly intervals—
(i) on so much of the income Sixpence in each

from wages earned in

pound thereof,

any week as does not ex­

ceed two pounds.

(ii)   on so much of the income One penny in each

from wages earned	two shillings
any week as exceeds two	and sixpence
pounds and does not ex­	thereof.

ceed four pounds.

(iii)    on so much of the income One penny in each from wages earned in two shillings

any iveek as exceeds four thereof,

pounds.

D ivision 3.—Ivcome from wages derived after thirtg-first

December, one thousand wine hundred and thirty-five.

Levy of 13. There shall be charged, levied, collected and paid

Wages Tax. for the use of His Majesty and for the credit of the

Consolidated Eevenue Fund under the provisions of the Special Income and Wages Tax (Management) Act, 1933­ 1934, and the regulations made thereunder and subject to the exemptions in that Act contained, "Wages Tax

at

Special Income and Wages Tax Act. 481

at the respective amounts or at the respective rates pro-	_1_	'
vided in the Second Schedule to this Act in respect of income from wages derived by every person other than a company during the period commencing on the first day of January, one thousand nine hundred and thirty- six, and ending on tlie thirtieth day of June, one thou­ sand nine hundred and thirty-six, both inclusive, or so derived during such part of the income year ending on the thirtieth day of June, one thousand nine hundred and thirty-seven, not exceeding the first four months thereof as the Governor by proclamation published in the Gazette before the thirtieth day of June, one thou­ sand nine hundred and thirty-six, shall determine.

FIRST SCHEDULE. Sec. 5.

P a rt I.

Where, during the income year referred to in section five of this Act, the person derived no income from wages—

(a) where the net assessable income Four and one-half pence in one hundred pounds of the net assessable in­ come,

does not exceed one hundred

each pound of the first

Eightpence in each pound

of the balance of the

net assessable ineome;

and fifty-six pounds;

(b) where the net assessable in­ Fivcpence in each pound

come exceeds one hundred and of the first one hun­

fifty-six pounds and does not

dred pounds of the net

Eightpence in each pound

of the balance of the

net assessable income;

exceed two hundred pounds; assessable ineome,

Q (c)

482                  Special Income and Wages Tax Act.

No. 45, 1935.

----- r iE S T SCHEDULE—ccn/i';uifc7. P art I—continued.

(c) ■where the net assessable income Eivc and one-half ponce isi

exceeds two hundred pounds	each pound of the first Eightpence in each pound of the second one hun­ dred pounds of the not assessable income,
and does not exceed two hun­	one hundred pounds of Tenpence in each pour.d of the balance of the net assessable income;

dred and fifty pounds;

the net assessable in­

come,

(d) where tlio net assessable income Sixpence in each pound of

exceeds two hundred and fifty the first one hundred Eightpence in each pound of the second one hun­ dred pounds of the net assessable income,

pc.'Ur.ds.

pounds of the not as­

sessable income,

Tenpence in each pound of the balance of the net assessable income.

P art II.

Wlicrc, during th.o income year referred to in section live of this

Act, the person also derived income from wage.s^

(1) where the sum of income from wages and not assessable income docs not exceed one hundred and fifty-six pmands; then—

(a)	if the amount of the Four and one-half iienco
ir.ccme from wages is less in each pound of so
than one hundred much of the not as-

_ l)ounds; sessable income as

equals the difference between the income

■,

from wages and one

hundred pounds,

Eightpence in each pound

of the balance of the

net asse.'Sable income,

■ (b)

Special Income and Wages Tax Act. 483

No. 45,

FIRST SCHEDULE—conh'nuecf. -----

Pakt II—continued.

(b) if the amount of the in­ Eightpence in each pound

come from wages is equal	of the net assessable
to or exceeds one hundred	income;
pounds;

(2) where the sum of income from wages and not assessable income exceeds one hundred and fifty- six pounds and does not exceed two hundred pounds, then—-

(a) if the amount of the in­ Fivepence in each pound

come from wages is less of so much of the not

than	one	hundred	assessable income as
pounds;	equals the difference between the income from wages and one hundred pounds,

Eightpence in each pound

of the balance of the

net assessable income,

(b) if the amount of the in­ Eightpence in each pound

come from wages is equal	of the net assessable
to or exceeds one hundred	income;
pounds;

(3) whore the sum of income from wages and net assessable in­ come exceeds two hundred pounds and does not exceed two hundred and fifty pounds, then—

(a) if the amount of the in­ Five and one-half pence in

come from wages is less each pound of so much

than	one	hundred	of the net assessable
pounds;	income as equals the difference between the income from wages
and one hundred
pounds;

Eightpence in each pound of so much of the re- niai:;der of the net as­ sessable ineome as docs not exceed one hun­ dred pounds,

Tenpence in each pound of the balance of the net assessable income;

(b)

484                 Special Ineome and Wages Tax Act.

Ho. 45^ 1935,

----- FIE ST SCHEDULE—

Part II—continued.

(b) if the amount of tlie in­ come from wages is equal Eightpence in each pound of so much of the net

to or exceeds one hundred assessable income ar

pounds and docs not ex­

equals the difference

Tenpence in each pound

of the balance of the

net assessable income;

ceed	two	hundred	between the incom?
pounds;	from wages and two- hundred pounds,

(c) if the amount of the in­ come from wages is equal Tenpence in each pound of the net assessable in­

to or exceeds two hun­	come ;
dred pounds;

(4) where the sum of income from wages and net assessable income exceeds two hundred and fifty IKiunds, then—

(a) if the amount of the in­ come from wages is less Sixpence in each pound of so much of the net

than	one	hundred	assessable income aa
pounds;	equals the difference between the income from wages and one hundred pounds,

Eightpence in each pound

of so much of the re­

mainder of the net as­

sessable income as

does not exceed one

hundred pounds,

Tenpence in each pound of the balance of the net assessable income;

(b) if the amount cf the in­ come from ivages is equal Eightpence in each pound of So much of the net

fo or exceeds one hun­ assessable income as

dred pounds and does not

equals the difference

Tenpence in each pound

of the balance of the

net assessable incomer

exceed	two	hundred	between the income
pounds;	from wages and two hundred pounds,

( c )

Special Income and Wages Tax Act. 485

No. 45, 1S3S.

FIRST SCHEDULE—coft̂ muecZ.

P a r t I I—continued.

(c) if the amount of the in­ come from wages is equal Tenpence in each pound of

the net assessable in­

to or exceeds two hundred	come.
pounds.

SECOND SCHEDULE. S« U

1. Where the income from wages earned by an employee in any

week is less than five pounds the amounts of wages tax shall be as

follows:—

Jf the income from wages earned in ximounts of Wages Tax.

any week—

Is not less than two pounds

and does not exceed two

pounds ten shillings.

Sixpence.

Exceeds two pounds ten shil­

lings and does not exceed

tliree pounds.

Ninepenee.

Exceeds three pounds and does not exceed three

One shilling and three­

pence.

pounds ten shillings.

Exceeds three pounds ten shil­ lings and is less than lliree pounds twelve shil­ lings and sixpence.	One shilling and sixpence.
Is not less than three pounds twelve shillings and six­	One shilling and seven-

pence.

pence, but is less than three pounds fifteen shil­ lings.

Is not less than three pounds fifteen shillings, but is One shilling and eight-

pence.

less than three pounds seventeen shillings and sixpence.

Ts not less than three pounds seventeen shillings and One shilling and nine-

pence.

sixpence, but is less than

four pounds.

-^6	Special Income and Wages Tax Act.
Ko. 45, 1935.

SECOND SCHEDULE—conh'nuec?.

Is not less than four pounds, One shilling and eleven-

but is less than four	pence,
pounds two shillings.

Is not less than four pounds Two shillings,

two shillings, but is less than four pounds four shilling's.

Is not less than four pounds four shillings, but is less Two shillings and two-

pence.

than four pounds si.\

shillings.

Is not less than four pounds si.x shillings, but is less Two shillings and three­

pence.

than four pounds eight

shillings.

Is not less than four pounds eight shilling's, but is less Two sl'.illings and fivo-

pence.

than four pounds ten

shillings.

Is not less than four pounds ten shillings, but is less Two shillings and six-

pence.

than four pounds twelve

shillings.

Is not less than four pounds twelve shillings, but is Two shillings and eight-

pence.

less than four pounds

fourteen shillings.

Is not less than four pounds fourteen shillings, but is Twc. shillings and nina-

pence.

less than four pounds si.v-

teen shillings.

Is not less than four pounds sixteen shillings, but is Two shillings and eleven­

pence.

less than four pounds

eighteen shillings.

Is not less than four pounds

eighteen shillings, but is

less than five pounds.

Three shillings.

Prevention and Relief of Unemployment (Amendment) 487

Act. No. 45, 1935.

SECOND SCHEDULE—co»;/niucJ.

here the income from wnges earned by an employee in any

■n’oek is not less than live pounds the rates of Wages Tax shall be as

follows:—

2.

On so much of the income from Kates of W’'ages Tax.

wages earned in any week—■

As does not exceed two Sixpence in each pound

pounds. thereof.

As exceeds two pounds and does not exceed four Eightpence in each pound

thereof.

pounds.

As exceeds four pounds . . One penny in each two shillings thereof.

3. Where an employee is paid at other than weekly intervals, and the amount actually earned by him in each week included in the period in respect of which the payment is made is not readily ascer­ tainable, the income from wages earned by the employee in each such week may, for Ihe purposes of this Schedule, be calculated by divid­ ing the sum paid to him by the number of weeks iuchided in such period.