Taxation Laws Amendment Act 1987 (Cth)
This compilation was prepared on 13 September 2010
taking into account amendments up to Act No. 75 of 2010
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
TABLE OF PROVISIONS
PART I - PRELIMINARY
Section
Short title [
Commencement [
PART II - AMENDMENT OF THE CRIMES (TAXATION OFFENCES) ACT 1980
Principal Act
Interpretation
PART III - AMENDMENT OF THE INCOME TAX ASSESSMENT ACT 1936
Principal Act
Exemptions
Insertion of new section -
Dividends paid instead of interest under short-term
finance arrangements
Insertion of new section -
Deductions for debt dividends
Insertion of new Division -
Application
Interpretation
Application of Division to certain pre-commencement
contracts
Payments in respect of unexercised options
Gains to be included in assessable income
Losses to be allowable deductions
Application of Subdivision G of Division 3 in relation to
gains and losses
Certain deductions not allowable
Modified application of Act in relation to certain unit trusts
Modified application of Act in relation to certain unit trusts
Exemption of certain gains and losses
Amendment of assessments
Interpretation
Liability to provisional tax
Insertion of new section -
Liability to pay instalments of provisional tax
Amount of provisional tax
Insertion of new section -
Amount of instalment of provisional tax
When provisional tax payable
Insertion of new section -
Notification of instalments of provisional tax
Provisional tax on estimated income
Additional tax where income underestimated
Reduction of provisional tax
Provisional tax to be credited against other tax
Provisional tax not to be notified where tax assessed
Alteration of notice of provisional tax
Notice of provisional tax to be
Provisional tax avoidance schemes relating to taxpayers other than
taxpayers in the capacity of trustees
Provisional tax avoidance schemes relating to trustees liable to be
assessed under section 98
Review of decisions
Transitional
Application of amendments
PART IV - AMENDMENT OF THE TAXATION (INTEREST ON OVERPAYMENTS) ACT 1983
Principal Act
Entitlement to interest
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987 - LONG TITLE
An Act to amend the law relating to taxation
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 1
Short title [
1. This Act may be cited as the Taxation Laws Amendment Act 1987.
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 2
Commencement [
2. This Act shall come into operation on the day on which it receives the
Royal Assent.
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 3
Principal Act
3. The Crimes (Taxation Offences) Act 1980*1* is in this Part referred to as
the Principal Act.
*1*No. 156, 1980, as amended. For previous amendments, see No. 123, 1984; No.
47, 1985; Nos. 41, 48, 76 and 154, 1986; and Nos. 58 and 61, 1987.
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 4
Interpretation
4. Section 3 of the Principal Act is amended by omitting "provisional income
tax payable under section 221YB" from paragraph (f) of the definition of
"income tax" in sub-section (1) and substituting "provisional tax payable
under Division 3 of Part VI".
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 5
Principal Act
5. The Income Tax Assessment Act 1936*2* is in this Part referred to as the
Principal Act.
*2*No. 27, 1936, as amended. For previous amendments, see No. 88, 1936; No. 5,
1937; No. 46, 1938; No. 30, 1939; Nos. 17 and 65, 1940; Nos. 58 and 69, 1941;
Nos. 22 and 50, 1942; No. 10, 1943; Nos. 3 and 28, 1944; Nos. 4 and 37, 1945;
No. 6, 1946; Nos. 11 and 63, 1947; No. 44, 1948; No. 66, 1949; No. 48, 1950;
4, 28 and 90, 1952; Nos. 1, 28, 45 and 81, 1953; No. 43,
1954; Nos. 18 and 62, 1955; Nos. 25, 30 and 101, 1956; Nos. 39 and 65, 1957;
No. 55, 1958; Nos. 12, 70 and 85, 1959; Nos. 17, 18, 58 and 108, 1960; Nos.
and 94, 1961; Nos. 39 and 98, 1962; Nos. 34 and 69, 1963; Nos. 46, 68,
110 and 115, 1964; Nos. 33, 103 and 143, 1965; Nos. 50 and 83, 1966; Nos. 19,
38, 76 and 85, 1967; Nos. 4, 70, 87 and 148, 1968; Nos. 18, 93, and 101, 1969;
5, 46, 47, 65 and 85, 1972; Nos.
51, 52, 53, 164 and 165, 1973; No. 216, 1973 (as amended by No. 20, 1974);
Nos. 26 and 126, 1974; Nos. 80 and 117, 1975; Nos. 50, 53, 56, 98, 143, 165
and 205, 1976; Nos. 57, 126 and 127, 1977; Nos. 36, 57, 87, 90, 123, 171 and
172, 1978; Nos. 12, 19, 27, 43, 62, 146, 147 and 149, 1979; Nos. 19, 24, 57,
58, 124, 133, 134 and 159, 1980; Nos. 61, 92, 108, 109, 110, 111, 154 and 175,
1981; Nos. 29, 38, 39, 76, 80, 106 and 123, 1982; Nos. 14, 25, 39, 49, 51, 54
and 103, 1983; Nos. 14, 42, 47, 63, 76, 115, 124, 165 and 174, 1984; No. 123,
1984 (as amended by No. 65, 1985); Nos. 47, 49, 104, 123 and 168, 1985; No.
173, 1985 (as amended by No. 49, 1986); Nos. 41, 46, 48, 49, 51, 52, 90, 109,
112 and 154, 1986; and Nos. 58, 61 and 62, 1987.
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 6
Exemptions
6. Section 23 of the Principal Act is amended by inserting after paragraph
(je) the following paragraph:
"(jf) income of The British Phosphate Commissioners Banaba Contigency Fund
that was established on 1 June 1981;".
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 7
7. After section 46B of the Principal Act the following section is inserted:
Dividends paid instead of interest under short-term finance arrangements
"46C. (1) In this section, unless the contrary intention appears -
'arrangement' means any agreement, arrangement or understanding, whether
formal or informal, whether express or implied and whether or not enforceable,
or intended to be enforceable, by legal proceedings;
'associate' has the same meaning as in section 26AAB;
'commencing time' means 5 o'clock in the afternoon, by Australian Eastern
Standard Time, on 7 April 1986;
'debt dividend', in relation to a shareholder, means a dividend paid to the
shareholder after the commencing time in respect of a share in a company
(whether the company is a resident or a non-resident) where -
(a) the following sub-paragraphs apply:
(i) the share was issued to the shareholder after the
commencing time;
(ii) if the share was issued before 8 May 1986 - the share
was not issued pursuant to an obligation:
(A) that was in existence at the commencing time;
and
(B) a breach of which would result in a substantial
liability for damages;
(iii) the dividend was paid under a short-term finance
arrangement in relation to the company (whenever entered into);
(b) the following sub-paragraphs apply:
(i) the share was acquired (otherwise than at the time of
its issue) by the shareholder after the commencing time;
(ii) the dividend was paid under a short-term finance
arrangement in relation to the company (whenever entered into);
(iii) if the short-term finance arrangement was entered
into after the commencing time - the arrangement was a short-term finance
arrangement only because of paragraph (a) of the definition of 'short-term
finance arrangement';
(iv) if the short-term finance arrangement was entered
into at or before the commencing time - the share was not issued under the
arrangement at or before the commencing time; or
(c) the following sub-paragraphs apply:
(i) the share was issued to, or acquired by, the shareholder
at or before the commencing time;
(ii) the dividend was paid under a short-term finance
arrangement that:
(A) was entered into after the commencing time;
and
(B) was a short-term finance arrangement only
because of paragraph (a) of the definition of 'short-term finance arrangement';
and, having regard to -
(d) the manner in which the amount of dividends in respect of the share was
to be calculated;
(e) the conditions applicable to the payment of dividends in respect of the
share; and
(f) any other relevant matters,
the payment of the dividend may reasonably be regarded as equivalent to the
payment of interest on a loan;
'finance' includes money raised by the issue of shares;
'loan' includes the provision of credit or any other form of financial
accommodation;
'short-term finance arrangement', in relation to a company, means an
arrangement entered into or carried out by any of the parties to the
arrangement for the purpose, or for purposes that included the purpose -
(a) of enabling the company or an associate of the company to obtain finance
(whether by way of renewal or otherwise) for a period that is not to exceed,
or is reasonably likely not to exceed, 2 years; or
(b) of enabling the company or an associate of the company to
obtain an extension of the period for which finance was obtained under an
earlier arrangement, being an extension for a period that is not to exceed, or
is reasonably likely not to exceed, 2 years.
"(2) For the purposes of this section, the mere payment of a call in respect
of a share after the commencing time does not, of itself, constitute the
entering into of a short-term finance arrangement after that time.
"(3) For the purposes of this section, the mere transfer of a share, or the
mere obtaining of a letter of credit, or both, after the commencing time does
not, of itself, constitute the entering into of a short-term finance
arrangement after that time.
"(4) Sub-sections (2) and (3) are enacted for the avoidance of doubt.
"(5) A shareholder is not entitled to, and shall not be allowed, a rebate
under section 46 or 46A in respect of a debt dividend.".
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 8
8. After section 67 of the Principal Act the following section is inserted:
Deductions for debt dividends
"67AA. (1) For the purposes of this section, a dividend paid by a company is
a debt dividend if the shareholder to whom the dividend is paid is not
entitled to a rebate under section 46 or 46A in respect of the dividend but
would be entitled to such a rebate but for sub-section 46C (5), but such a
dividend shall not be taken to be a debt dividend to the extent to which it is
paid in respect of finance obtained by an associate (within the meaning of
section 46C) of the company.
"(2) A debt dividend paid by a company in a year of income is an allowable
deduction to the company in respect of the year of income to the same extent
as it would have been an allowable deduction under section 51 if -
(a) the payment of the dividend had been the incurring by the company of a
liability to pay the same amount as interest; and
(b) that interest had been incurred in respect of the finance that was
obtained by the company and in respect of which the debt dividend was paid.".
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 9
9. After Division 3A of Part III of the Principal Act the following Division
is inserted:
"Division 3B - Foreign Currency Exchange Gains and Losses
Application
"82U. (1) This Division applies in relation to gains and losses only to the
extent to which they are of a capital nature.
"(2) This Division does not apply to a loss incurred by a taxpayer except to
the extent to which, if the loss were not of a capital nature, a deduction
would be allowable to the taxpayer under section 51 in respect of the loss.
"(3) This Division does not apply to a gain made by a taxpayer under a
contract except to the extent to which, if the taxpayer had incurred a loss
under the contract and that loss had not been of a capital nature, a deduction
would have been allowable to the taxpayer under section 51 in respect of the
loss.
"(4) This Division applies according to its tenor in relation to gains made
and losses incurred before or after the commencement of this Division.
Interpretation
"82V. (1) In this Division, unless the contrary intention appears -
'arrangement' means -
(a) any agreement, arrangement, understanding, promise or
undertaking, whether express or implied, and whether or not enforceable, or
intended to be enforceable, by legal proceedings; and
(b) any scheme, plan, proposal, action, course of action or course
of conduct, whether unilateral or otherwise;
'associate', in relation to a taxpayer, has the same meaning as in Part IIIA;
'commencing day' means 19 February 1986;
'compensation' includes insurance, indemnity and a recoupment or reimbursement
of any kind (however described);
'currency exchange gain' means a gain to the extent to which it is
attributable to currency exchange rate fluctuations;
'currency exchange loss' means a loss to the extent to which it is
attributable to currency exchange rate fluctuations;
'eligible contract', in relation to a taxpayer, means -
(a) a contract entered into by the taxpayer on or after the
commencing day, other than a hedging contract; or
(b) a hedging contract entered into by the taxpayer, on or after
the commencing day, in relation to a contract to which paragraph (a) applies;
'hedging contract', in relation to a taxpayer, means a contract that is
entered into by the taxpayer for the sole purpose of eliminating or reducing
the risk of adverse financial consequences that might result for the taxpayer
or an associate of the taxpayer, under another contract, from currency
exchange rate fluctuations.
"(2) For the purposes of this Division -
(a) a currency exchange gain made, or a currency exchange loss incurred, in
respect of currency purchased under a contract shall be taken to have been
made or incurred under that contract;
(b) a gain shall be taken to have been made, or a loss to have been
incurred, at the time when it was realised; and
(c) a reference to a person acquiring rights or obligations arising under a
contract is a reference to the person acquiring such rights or obligations
otherwise than by reason of having entered into the contract.
"(3) Subject to sub-section (4), where a taxpayer acquires rights or
obligations arising under a contract, this Division applies in relation to the
taxpayer as if the contract had been entered into by the taxpayer at the time
when, and for the purposes for which, the taxpayer acquired the rights or
obligations.
"(4) Where -
(a) a taxpayer acquires rights or obligations arising under a contract that
was (apart from sub-section (3)) entered into before the commencing day; and
(b) the Commissioner is satisfied that the rights or obligations were
acquired under or as a result of an arrangement that was entered into or
carried out by any person (whether before or after the commencement of this
Division) for the purpose, or for purposes that included the purpose, of
ensuring that a deduction would be allowable under this Division in respect of
a currency exchange loss incurred under the contract,
sub-section (3) does not apply to the acquisition by the taxpayer of the
rights or obligations and, if the rights or obligations were acquired by the
taxpayer under another contract, that other contract shall be deemed for the
purposes of this Division to have been entered into by the taxpayer before the
commencing day.
Application of Division to certain pre-commencement contracts
"82W. (1) Where, on or after the commencing day and under a contract entered
into by a taxpayer before the commencing day, any of the following happens in
relation to the taxpayer (otherwise than pursuant to a contractual obligation
that was binding on the taxpayer before the commencing day):
(a) the taxpayer receives loan money;
(b) a loan made to the taxpayer is wholly or partly rolled over;
(c) the period for which money has been lent to the taxpayer is extended,
this Division applies as if -
(d) where paragraph (a) applies - the loan money had been received by the
taxpayer under a contract entered into by the taxpayer at the time when the
loan money was received;
(e) where paragraph (b) applies - the loan resulting from the roll-over had
been made to the taxpayer under a contract entered into by the taxpayer at the
time of the roll-over; and
(f) where paragraph (c) applies - a new loan of the amount outstanding
immediately before the commencement of the extension period had been made to
the taxpayer under a contract entered into by the taxpayer at the commencement
of the extension period.
"(2) Where, on or after the commencing day and under a contract entered into
by a taxpayer before the commencing day, any of the following happens in
relation to the taxpayer (otherwise than pursuant to a contractual obligation
that was binding on the taxpayer before the commencing day):
(a) the taxpayer lends money;
(b) a loan made by the taxpayer is wholly or partly rolled over; or
(c) the period for which money has been lent by the taxpayer is extended,
this Division applies as if -
(d) where paragraph (a) applies - the loan money had been lent by the
taxpayer under a contract entered into by the taxpayer at the time when the
money was lent;
(e) where paragraph (b) applies - the loan resulting from the roll-over had
been made by the taxpayer under a contract entered into by the taxpayer at the
time of the roll-over; and
(f) where paragraph (c) applies - a new loan of the amount outstanding
immediately before the commencement of the extension period had been made by
the taxpayer under a contract entered into by the taxpayer at the commencement
of the extension period.
Payments in respect of unexercised options
"82X. (1) For the purposes of this Division, where -
(a) a taxpayer has an option to purchase currency under an eligible contract
that is a hedging contract; and
(b) the option expires without having been exercised, or is cancelled,
released or abandoned,
the following provisions apply:
(c) the amount (if any) paid by the taxpayer in respect of the option shall
be taken to be a currency exchange loss realised by the taxpayer under the
contract at the time when the option expired, or was cancelled, released or
abandoned, as the case may be;
(d) that loss shall be taken to have accrued during the period from the time
when the taxpayer acquired the option to the time when the option expired, or
was cancelled, released or abandoned, as the case may be.
"(2) For the purposes of sub-section (1), where a taxpayer forfeits a
deposit paid in respect of a prospective purchase of currency, being a
prospective purchase that is cancelled or otherwise abandoned -
(a) the deposit shall be deemed to have been paid in respect of the grant to
the taxpayer of an option to purchase that currency; and
(b) the option shall be deemed to have expired, without having been
exercised, at the time when the deposit was forfeited.
Gains to be included in assessable income
"82Y. The assessable income of a taxpayer of a year of income shall include
any currency exchange gain made by the taxpayer in the year of income under an
eligible contract.
Losses to be allowable deductions
"82Z. (1) Subject to this section, a currency exchange loss incurred by a
taxpayer in a year of income under an eligible contract is an allowable
deduction in respect of the year of income.
"(2) A deduction is not allowable to a taxpayer in respect of a currency
exchange loss incurred under a contract unless the taxpayer notifies the
Commissioner in writing of -
(a) the entering into of, and the terms of, the contract; and
(b) the purpose or purposes for which the taxpayer entered into the
contract,
not later than the later or latest of the following dates:
(c) the date of lodgment of the taxpayer's first return under this Act after
the taxpayer entered into the contract;
(d) the date of lodgment of the taxpayer's first return under this Act after
the commencement of this Division;
(e) such later date (if any) as the Commissioner allows.
"(3) Where -
(a) a taxpayer has incurred a currency exchange loss under an eligible
contract (in this sub-section referred to as the 'primary contract'); and
(b) the taxpayer or another person has made a currency exchange gain under
another contract that would not have been entered into, or might reasonably be
expected not to have been entered into, if the primary contract had not been
entered into,
a deduction is not allowable, and shall be deemed never to have been
allowable, to the taxpayer in respect of so much of the loss as does not
exceed -
(c) where the gain was made by the taxpayer or an associate of the taxpayer
- so much of the gain as has not been, and will not be, included in the
assessable income of the taxpayer or of the associate; or
(d) where the currency exchange gain was made by another person, the lesser
of -
(i) the total amount or value of any compensation or other
benefit received in respect of the loss by the taxpayer or an associate of the
taxpayer from the other person; or
(ii) so much of the gain as has not been, and will not be,
included in the assessable income of the other person.
"(4) In a case to which sub-section (3) does not apply, a deduction is not
allowable, and shall be deemed never to have been allowable, to a taxpayer in
respect of a currency exchange loss to the extent to which the taxpayer
receives compensation for the loss that is not included in the assessable
income of the taxpayer.
"(5) Where a person other than the taxpayer acquires rights or obligations
arising under a contract, sub-section (3) applies in relation to the person as
if the contract had been entered into by the person for the purposes for which
the person acquired the rights or obligations.
Application of Subdivision G of Division 3 in relation to gains and losses
"82ZA. (1) For the purposes of Subdivision G of Division 3, a currency
exchange loss incurred by a taxpayer under an eligible contract shall be
deemed to be interest incurred by the taxpayer in respect of the period during
which the loss accrued.
"(2) A reference in Subdivision G of Division 3 to a deduction being
allowable, or not being allowable, under section 51 includes a reference to a
deduction being allowable, or not being allowable, under section 82Z.
"(3) Where -
(a) a currency exchange gain is made by a taxpayer under an eligible
contract; and
(b) if, instead, a currency exchange loss had been incurred by the taxpayer
under the contract, the loss would, to a particular extent, be rental property
loan interest for the purposes of Subdivision G of Division 3 by virtue of
this section,
the gain shall, to the same extent, be deemed to be rental property income for
the purposes of that Subdivision.
"(4) This Division has effect subject to Subdivision G of Division 3 as
Subdivision G of Division 3 applies by virtue of this section.
Certain deductions not allowable
"82ZB. Where -
(a) an amount is included in the assessable income of a taxpayer of a year
of income under this Division;
(b) a deduction would, but for this section, be allowable under Subdivision
A of Division 3 to the taxpayer; and
(c) if the amount had not been included in the assessable income, the
deduction would not be allowable,
the deduction is not allowable.".
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 10
Modified application of Act in relation to certain unit trusts
10. Section 102L of the Principal Act is amended -
(a) by omitting from sub-section (2) "46A and 46B" and substituting "46A,
46B and 46C"; and
(b) by inserting after sub-section (3A) the following sub-section:
"(3B) Section 67AA applies, mutatis mutandis, in relation to the
trustee of a corporate unit trust.".
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 11
Modified application of Act in relation to certain unit trusts
11. Section 102T of the Principal Act is amended -
(a) by omitting from sub-section (2) "46A and 46B" and substituting "46A,
46B and 46C"; and
(b) by inserting after sub-section (4) the following sub-section:
"(4A) Section 67AA applies, mutatis mutandis, in relation to the
trustee of a public trading trust.".
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 12
Exemption of certain gains and losses
12. Section 160ZB of the Principal Act is amended by adding at the end the
following sub-sections:
"(4) A capital gain, to the extent to which it is attributable to currency
exchange rate fluctuations, shall not be taken to have accrued to a taxpayer
as a result of a contract where the taxpayer entered into, or acquired rights
arising under, the contract for the sole purpose of eliminating or reducing
the risk of adverse financial consequences that might result for the taxpayer,
from currency exchange rate fluctuations, in relation to -
(a) a right acquired by the taxpayer before 20 September 1985 to receive
money under another contract; or
(b) a liability acquired by the taxpayer to make a payment under another
contract.
"(5) A capital loss, to the extent to which it is attributable to currency
exchange rate fluctuations, shall not be taken to have been incurred by a
taxpayer as a result of a contract where the taxpayer entered into the
contract, or acquired rights arising under the contract, after 28 November
1986 for the sole purpose of eliminating or reducing the risk of adverse
financial consequences that might result for the taxpayer, from currency rate
fluctuations, in relation to -
(a) a right acquired by the taxpayer before 20 September 1985 to receive
money under another contract; or
(b) a liability acquired by the taxpayer to make a payment under another
contract.".
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 13
Amendment of assessments
13. Section 170 of the Principal Act is amended by omitting from subsection
(10) "or 82SA (2)" and substituting ", 82SA (2) or 82Z (3) or (4)".
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 14
Interpretation
14. Section 221YA of the Principal Act is amended -
(a) by inserting before the definition of "estimated taxable income" in
sub-section (1) the following definitions:
"'applicable provisional tax amount', in relation to an instalment of
provisional tax for a year of income, means -
(a) if the instalment is the final instalment for the year
of income -
(i) if there is a varied provisional tax amount in
relation to the year of income as at the instalment notice date - that varied
provisional tax amount; or
(ii) in any other case - the basic provisional tax
amount in relation to the year of income as at the instalment notice date; or
(b) in any other case -
(i) if there is a varied provisional tax amount in
relation to the year of income as at the instalment notice date - that varied
provisional tax amount;
(ii) if sub-paragraph (i) does not apply but there
is a basic provisional tax amount in relation to the year of income as at the
instalment notice date - that basic provisional tax amount or the previous
year's provisional tax amount as at the instalment notice date, whichever is
the less; or
(iii) in any other case - the previous year's
provisional tax amount as at the instalment notice date;
'basic provisional tax amount', as at a particular date (in this definition
referred to as the 'reckoning date') in relation to a year of income, means
the amount ascertained under section 221YC (as affected by any reduction under
section 221YDC or any alteration under section 221YG) as -
(a) the provisional tax payable by the taxpayer in respect
of the income of the year of income; or
(b) the amount that would, but for sub-section
221YBA (5), be the provisional tax payable by the taxpayer in respect of the
income of the year of income,
and notified by the Commissioner to the taxpayer -
(c) in a notice of assessment; or
(d) in a notice under paragraph 221YD (1) (b) or (1A) (b)
or sub-section 221YG (1),
where the date specified in the notice as the date of issue of the notice is
not later than the reckoning date;";
(b) by inserting after the definition of "estimated taxable income" in
sub-section (1) the following definitions:
"'final instalment' means -
(a) where paragraph 221YBA (3) (a) applies - the third
instalment;
(b) where paragraph 221YBA (3) (b) applies - the fourth
instalment; or
(c) where paragraph 221YBA (3) (c) applies - the second
instalment;
'instalment estimate' means a statement under sub-section 221YDA (1) in
relation to an instalment notice;
'instalment notice' means a notice served under sub-section 221YDAA (1);
'instalment notice date', in relation to an instalment of provisional tax,
means the date specified in the instalment notice as the date of issue of the
notice;
'instalment of provisional tax' means an instalment of provisional tax payable
in accordance with section 221YBA;
'penalty period', in relation to an instalment of provisional tax for a year
of income (in this definition referred to as the 'current instalment'), means
-
(a) where the current instalment is not the last instalment
of provisional tax for the year of income - the period commencing on the due
date for payment of the current instalment and ending on the due date for
payment of the next instalment of provisional tax for the year of income; or
(b) where the current instalment is the last instalment of
provisional tax for the year of income - the period commencing on the due date
for payment of the current instalment and ending on the due date for payment
of the tax payable in respect of the taxable income of the year of income;";
(c) by inserting after the definition of "prescribed payment" in subsection
(1) the following definition:
"'previous year's provisional tax amount', as at a particular date in relation
to a year of income, means -
(a) if there is a varied provisional tax amount in relation
to the next preceding year of income as at that date - that varied provisional
tax amount; or
(b) if paragraph (a) does not apply - the basic provisional
tax amount in relation to the next preceding year of income as at that
date;";
(d) by inserting after the definition of "provisional tax" in sub-section
(1) the following definition:
"'relevant percentage', in relation to an instalment of provisional tax, means
-
(a) where paragraph 221YBA (3) (a) applies -
(i) for the first instalment - 50%;
(ii) for the second instalment - 75%; or
(iii) for the third instalment - 100%;
(b) where paragraph 221YBA (3) (b) applies -
(i) for the first instalment - 25%;
(ii) for the second instalment - 50%;
(iii) for the third instalment - 75%; or
(iv) for the fourth instalment - 100%; or
(c) where paragraph 221YBA (3) (c) applies -
(i) for the first instalment - 50%; or
(ii) for the second instalment - 100%;";
(e) by adding at the end of sub-section (1) the following definition;";
"'varied provisional tax amount', as at a particular date in relation to a
year of income, means the amount determined (or last determined, as the case
requires) before that date, in accordance with section 221YDA (as affected by
any reduction under section 221YDC or any alteration under section 221YG), as
-
(a) the provisional tax payable by the taxpayer in respect
of the income of the year of income; or
(b) the amount that would, but for sub-section
221YBA (5), be the provisional tax payable by the taxpayer in respect of the
income of the year of income;";
(f) by inserting in sub-section (1A) "sub-section 221YBA(6), sub-sections
221YCA (2) and (3) and" before "sections 221YE";
(g) by inserting after sub-section (2) the following sub-sections:
"(2A) Unless the contrary intention appears, references in this
Act (other than this Division) and in any other law of the Commonwealth to
provisional tax include references to instalments of provisional tax.
"(2B) Where an instalment notice is served (not including an
instalment notice that is deemed by sub-section 221YDAA (7) to have been
served) in respect of a nil instalment of provisional tax, a reference in this
Division to the date on which the instalment is due and payable is a reference
to the date specified as such in the instalment notice."; and
(h) by inserting after sub-section (4) the following sub-section:
"(4A) In sub-sections (2), (3) and (4), 'provisional tax' includes
an instalment of provisional tax.".
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 15
Liability to provisional tax
15. Section 221YB of the Principal Act is amended by inserting in subsection
(3) "or the previous year" after "that year".
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 16
16. After section 221YB of the Principal Act the following section is
inserted:
Liability to pay instalments of provisional tax
"221YBA. (1) This section applies in relation to the year of income
commencing on 1 July 1987 and all subsequent years of income.
"(2) Nothing in this section requires the payment of instalments of
provisional tax by a taxpayer in respect of income of a year of income, being:
(a) the actual taxable income from primary production of the taxpayer of the
year of income, as defined in section 156; or
(b) the abnormal income, as defined in section 158C, of a taxpayer to whom
Division 16A applies.
"(3) Subject to this section, where, but for sub-section (5) of this
section, a taxpayer would be liable under section 221YB to pay provisional tax
in respect of the income of a year of income, the taxpayer is liable to pay,
in respect of that income -
(a) where the year of income is the year of income commencing on 1 July 1987
and paragraph (c) does not apply - 3 instalments of provisional tax;
(b) where the year of income is a subsequent year of income and paragraph
(c) does not apply - 4 instalments of provisional tax; or
(c) where the taxpayer satisfies the Commissioner that more than 75% of the
taxpayer's assessable income of the year of income will be derived after 1
December in the year of income - 2 instalments of provisional tax.
"(4) An instalment of provisional tax is not payable unless the Commissioner
has served an instalment notice in respect of the instalment.
"(5) Where instalments of provisional tax are payable by a taxpayer in
respect of the income of a year of income, provisional tax is not payable by
the taxpayer in respect of that income under section 221YB.
"(6) Where -
(a) an instalment notice is served on a taxpayer in respect of an instalment
(in this sub-section referred to as the 'superseded instalment') of
provisional tax for a year of income;
(b) paragraph (3) (c) did not apply as at the instalment notice date; and
(c) the Commissioner becomes satisfied as mentioned in paragraph (3) (c) at
a time after the instalment notice date,
the following provisions have effect:
(d) subject to paragraph (g), the superseded instalment shall be deemed
never to have been payable;
(e) the taxpayer is not liable to pay instalments as mentioned in paragraph
(3) (a) or (b);
(f) the taxpayer is liable to pay instalments as mentioned in paragraph (3)
(c);
(g) if the day on which the first instalment payable by the taxpayer as
mentioned in paragraph (3) (c) is due and payable (in this paragraph referred
to as the 'new instalment day') is a later day than whichever day (in this
paragraph referred to as the 'previous instalment day') is the later of the
following days:
(i) 1 February in the year of income;
(ii) the day on which the superseded instalment was due and
payable, or would, but for paragraph (d), have been due and payable,
section 207 applies as if -
(iii) the superseded instalment had become due and payable on
the previous instalment day; and
(iv) so much of the superseded instalment as remained unpaid
on the new instalment day had been paid on the new instalment day;
(h) if the taxpayer has paid an amount in respect of the superseded
instalment, the Commissioner shall credit the amount so paid successively to
-
(i) the payment of any instalment of provisional tax payable by
the taxpayer for the year of income; and
(ii) the payment of any income tax payable by the taxpayer in
respect of the income of any year of income,
and shall refund to the taxpayer any part of that amount not so credited.
"(7) For the purposes of paragraph (3) (c) -
(a) 'assessable income' does not include -
(i) salary or wages;
(ii) a prescribed payment from which a deduction has been, or
in the opinion of the Commissioner will be, made under Division 3A; or
(iii) any amount included in assessable income under section
160ZO; and
(b) an amount that -
(i) is included in the assessable income of a taxpayer of a year
of income under sub-section 92 (1) or Division 6 of Part III;
(ii) is derived by a taxpayer during, but not at a particular time
during, a year of income; or
(iii) is income from property (not being income to which subparagraph (i)
applies) derived by a taxpayer during a year of income from an associate of
the taxpayer,
shall be taken to have been derived by the taxpayer at such time, or at such
times and in such proportions, as the Commissioner considers reasonable having
regard to -
(iv) where sub-paragraph (i) applies in respect of a partnership
or a trust estate - the time, or the times, when income was derived by the
partnership or by the trustee of the trust estate, as the case may be;
(v) where sub-paragraph (iii) applies - the time, or the times,
when income was derived by the associate; and
(vi) in any case - any relevant matters.
"(8) For the purposes of the application of sub-paragraph (7) (b) (iv) and
this sub-section in relation to a taxpayer in relation to a partnership or a
trust estate -
(a) where -
(i) the partnership or the trustee of the trust estate, as the case
may be, derives income directly or indirectly under or as a result of an
arrangement (whether entered into or carried out before or after the
commencement of this section); and
(ii) the Commissioner is of the opinion that the person, or one
of the persons, who entered into or carried out the arrangement or any part of
the arrangement did so for the purpose of securing the application of
paragraph (3) (c) in relation to the taxpayer or in relation to the taxpayer
and another taxpayer or other taxpayers (whether or not that person who
entered into or carried out the arrangement or any part of the arrangement is
the taxpayer or is the other taxpayer or one of the other taxpayers),
the Commissioner may treat the income as having been derived at such time, or
at such times and in such proportions, as the Commissioner considers would
have been, or might reasonably be expected to have been, the case if the
arrangement had not been entered into or carried out; and
(b) income from property that was derived by the partnership or the trustee
of the trust estate, as the case may be, during a year of income from an
associate of the partnership or of the trustee shall be taken to have been
derived by the partnership or trustee at such time, or at such times and in
such proportions, as the Commissioner considers reasonable having regard to -
(i) the time, or the times, when income was derived by the
associate; and
(ii) any other relevant matters.
"(9) For the purposes of sub-section (8) -
(a) 'arrangement' means -
(i) any agreement, arrangement, understanding, promise or
undertaking, whether express or implied, and whether or not enforceable, or
intended to be enforceable, by legal proceedings; and
(ii) any scheme, plan, proposal, action, course of action or course
of conduct, whether unilateral or otherwise;
(b) a reference to the carrying out of an arrangement by a person includes a
reference to the carrying out of an arrangement by a person together with
another person or other persons; and
(c) a reference to an arrangement or a part of an arrangement being entered
into or carried out by a person for a particular purpose shall be read as
including a reference to the arrangement or the part of the arrangement being
entered into or carried out by the person for 2 or more purposes of which that
particular purpose is the dominant purpose.
"(10) In this section, 'associate' has the same meaning as in section 26AAB.
"(11) For the purpose only of determining whether a person is an associate
of another person within the meaning of this section, the definition of
'relative' in sub-section 6 (1) applies as if a reference in that definition
to the spouse of a person included a reference to another person who, although
not legally married to the person, lives with the person on a bona fide
domestic basis as the husband or wife of the person.".
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 17
Amount of provisional tax
17. Section 221YC of the Principal Act is amended by adding at the end the
following sub-section:
"(6) A reference in this section to the amount of provisional tax payable by
a taxpayer includes a reference to the amount that, but for sub-section 221YBA
(5), would be the provisional tax payable by the taxpayer.".
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 18
18. After section 221YC of the Principal Act the following section is
inserted:
Amount of instalment of provisional tax
"221YCA. (1) Subject to this Division, the amount payable by a taxpayer as
an instalment of provisional tax for a year of income is -
(a) where paragraph 221YBA (3) (a) applies -
(i) for the first instalment - the relevant percentage of the
applicable provisional tax amount;
(ii) for the second instalment - the amount by which the relevant
percentage of the applicable provisional tax amount exceeds the amount of the
first instalment; or
(iii) for the third instalment - the applicable provisional tax
amount, less the sum of the first 2 instalments;
(b) where paragraph 221YBA (3) (b) applies -
(i) for the first instalment - the relevant percentage of the
applicable provisional tax amount;
(ii) for the second instalment - the amount by which the relevant
percentage of the applicable provisional tax amount exceeds the amount of the
first instalment;
(iii) for the third instalment - the amount by which the relevant
percentage of the applicable provisional tax amount exceeds the sum of the
first 2 instalments; or
(iv) for the fourth instalment - the applicable provisional tax
amount, less the sum of the first 3 instalments; or
(c) where paragraph 221YBA (3) (c) applies -
(i) for the first instalment - the relevant percentage of the
applicable provisional tax amount; or
(ii) for the second instalment - the applicable provisional tax
amount, less the amount of the first instalment.
"(2) Where -
(a) the amount of an instalment (in this sub-section referred to as the 'nil
instalment') of provisional tax payable by a taxpayer for a year of income is
nil;
(b) the amount of the previous instalment, or the sum of the amounts of the
previous instalments, as the case may be, for the year of income exceeds the
applicable provisional tax amount ascertained -
(i) where sub-paragraph (ii) does not apply - as at the instalment
notice date in relation to the nil instalment; or
(ii) where the taxpayer has furnished an instalment estimate in
relation to the nil instalment -
(A) where sub-section 221YDA (4) applies in relation to
the instalment estimate - as at the day after the date on which a notice is
served on the taxpayer under that sub-section; or
(B) in any other case - as at the day after the date of
furnishing of the instalment estimate; and
(c) where sub-paragraph (b) (i) applies - there was a basic provisional tax
amount as at the instalment notice date in relation to the nil instalment and
the applicable provisional tax amount ascertained as at that instalment notice
date was the same as that basic provisional tax amount,
the following provisions apply:
(d) the excess shall be applied in reduction of the previous instalment or,
if there are more than one, successively in reduction of the amounts of the
previous instalments working from the last to the first;
(e) where an amount of an instalment is reduced and the taxpayer has paid an
amount in respect of the instalment, the Commissioner shall -
(i) credit any amount overpaid successively to -
(A) the payment of any instalment of provisional tax
payable by the taxpayer for the year of income; and
(B) the payment of any income tax payable by the taxpayer
in respect of the income of any year of income; and
(ii) refund to the taxpayer any part of the amount overpaid that
is not so credited.
"(3) Where -
(a) after the instalment notice date for the final instalment of provisional
tax payable by a taxpayer for a year of income, the Commissioner makes an
alteration under section 221YG of the amount (in this sub-section referred to
as the 'lump sum provisional tax amount') that would, but for sub-section
221YBA (5), be the provisional tax payable by the taxpayer for the year of
income; and
(b) either of the following sub-paragraphs applies:
(i) the sum of the instalments of provisional tax for the year of
income exceeds the lump sum provisional tax amount as altered by the
Commissioner;
(ii) the lump sum provisional tax amount as altered by the
Commissioner exceeds the sum of the instalments of provisional tax for the
year of income,
the following provisions apply:
(c) where sub-paragraph (b) (i) applies -
(i) the excess shall be applied successively in reduction of the
amounts of the instalments, working from the last to the first; and
(ii) where an amount of an instalment is reduced and the taxpayer
has paid an amount in respect of the instalment, the Commissioner shall -
(A) credit any amount overpaid successively to the payment
of any instalment of provisional tax payable by the taxpayer for the year of
income and the payment of any income tax payable by the taxpayer in respect of
the income of any year of income; and
(B) refund to the taxpayer any part of the amount overpaid
that is not so credited;
(d) where sub-paragraph (b) (ii) applies -
(i) the amount of the final instalment shall be increased by the
excess; and
(ii) the additional amount is due and payable on the date specified
for the purpose in the notice by the Commissioner under section 221YG, being a
date not earlier than 30 days after the date of service of that notice.
"(4) Where -
(a) after the instalment notice date for the final instalment of provisional
tax payable by a taxpayer for a year of income, the Commissioner causes to be
served a notice under sub-section 221YDA (4) in respect of the application of
that sub-section in relation to an instalment estimate furnished by the
taxpayer in respect of a previous instalment of provisional tax for the year
of income; and
(b) the amount that would have been the amount of the final instalment if
the notice had been served on the day before the instalment notice date in
relation to the final instalment exceeds the amount of the final instalment,
the following provisions have effect:
(c) the amount of the final instalment shall be increased by the excess;
(d) the additional amount shall be specified in the notice;
(e) the additional amount is due and payable on the date specified in the
notice, for the purposes of sub-section 221YDA (6A), as the date on which the
increase in the previous instalment became due and payable.".
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 19
When provisional tax payable
19. Section 221YD of the Principal Act is amended -
(a) by inserting after sub-section (1) the following sub-section:
"(1A) The amount that, but for sub-section 221YBA (5), would
be the provisional tax payable by a taxpayer in respect of a year of income
may be -
(a) notified on the notice of assessment of the income tax payable
by the taxpayer in respect of the income of the year next preceding that year
of income; or
(b) specified in a notice served by the Commissioner on the
taxpayer."; and
(b) by inserting after sub-section (2) the following sub-section:
"(2A) An instalment of provisional tax is due and payable on
the date specified in the instalment notice as the date on which the
instalment is due and payable.".
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 20
20. After section 221YD of the Principal Act the following section is
inserted:
Notification of instalments of provisional tax
"221YDAA. (1) The Commissioner may, during a year of income, cause a notice
in writing to be served on the taxpayer specifying -
(a) the amount payable by the taxpayer as an instalment of provisional tax
for the year of income; and
(b) the date on which the instalment is due and payable.
"(2) An instalment notice may be incorporated in a notice of assessment.
"(3) The date to be specified in the instalment notice as the date on which
an amount is due and payable by the taxpayer as an instalment of provisional
tax for the year of income shall be a date that is not earlier than 30 days
after the date of service of the notice and not earlier than whichever of the
following dates in the year of income is applicable:
(a) where paragraph 221YBA (3) (a) applies -
(i) 1 December for the first instalment;
(ii) 1 March for the second instalment; or
(iii) 1 June for the third instalment;
(b) where paragraph 221YBA (3) (b) applies -
(i) 1 September for the first instalment;
(ii) 1 December for the second instalment;
(iii) 1 March for the third instalment; or
(iv) 1 June for the fourth instalment;
(c) where paragraph 221YBA (3) (c) applies -
(i) 1 February for the first instalment; or
(ii) 1 June for the second instalment.
"(4) An instalment notice in respect of the first instalment of provisional
tax for a year of income (in this sub-section referred to as the 'current year
of income') is of no effect if -
(a) the date specified in -
(i) a notice of assessment of the tax payable by the taxpayer in
respect of the income of the next preceding year of income in which is
notified the amount of provisional tax payable by the taxpayer for the current
year of income; or
(ii) a notice under paragraph 221YD (1) (b) in which is notified
the amount of the provisional tax payable by the taxpayer for the current year
of income,
as the date of issue of the notice is earlier than the instalment notice date;
or
(b) the previous year's provisional tax amount, as at the instalment notice
date, does not exceed $5,000.
"(5) An instalment notice in respect of an instalment (other than the first
instalment) of provisional tax for a year of income is of no effect unless an
instalment notice has been served in respect of the first instalment for the
year of income.
"(6) Where -
(a) the applicable provisional tax amount in relation to an instalment of
provisional tax payable by a taxpayer for a year of income is ascertained as
at a particular date by reference to the taxpayer's estimated taxable income
for any year of income as shown in a statement furnished under sub-section
221YDA (1); and
(b) by virtue of the subsequent application of section 221YHAAC or 221YHAAD,
that estimated taxable income is deemed to have been increased,
the following provisions apply:
(c) the Commissioner shall redetermine the taxpayer's liability to pay the
instalment;
(d) where the taxpayer has been served with an instalment notice in respect
of the instalment, the Commissioner shall cause a notice in writing to be
served on the taxpayer specifying the amount by which the instalment is
increased;
(e) this Division has, and shall be deemed to have had, effect as if the
increased amount had been specified in the instalment notice.
"(7) Where -
(a) the Commissioner is satisfied that, if an instalment notice in relation
to an instalment of provisional tax for a year of income (other than the first
instalment) were to specify a particular date as the date of its issue and to
be served on a taxpayer, the amount of the instalment would be nil; and
(b) the Commissioner decides not to cause the notice to be served,
this Division has effect as if -
(c) the instalment notice had specified that date as the date of its issue
and had been served on the taxpayer; and
(d) the instalment were due and payable on whichever is the later of the
following dates:
(i) the date applicable under whichever of paragraphs (3) (a),
(b) and (c) applies to the instalment;
(ii) the date on which the previous instalment became due and
payable.".
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 21
Provisional tax on estimated income
21. Section 221YDA of the Principal Act is amended -
(a) by omitting from the beginning of sub-section (1) to "make an estimate
of -" and substituting the following:
"(1) A taxpayer who receives -
(a) a notice of assessment on which is notified the amount of
provisional tax payable in respect of the income of a year of income
(including an accounting period adopted by the taxpayer under this Act); or
(b) an instalment notice in respect of an instalment of provisional
tax for a year of income (including an accounting period adopted by the
taxpayer under this Act),
may, not later than -
(ba) where paragraph (a) applies -
(i) the due date for payment of the tax notified by the
notice referred to in that paragraph; or
(ii) 31 March in the year of income or, in the case of an
accounting period, the last day of the ninth month of that accounting period,
whichever is the later; or
(bb) where paragraph (b) applies - the due date for payment of
the instalment notified by the instalment notice, or within such further time
as the Commissioner may allow, make an estimate of - ";
(b) by inserting after sub-section (1) the following sub-section:
"(1AAA) Where -
(a) a taxpayer furnishes an instalment estimate (in this
subsection referred to as the 'first instalment estimate') in relation to the
first instalment of provisional tax for a year of income;
(b) the varied provisional tax amount determined in relation to
the first instalment estimate, as at the instalment notice date in relation to
the second instalment, is greater than nil; and
(c) the amount calculated under sub-section (2) in relation to
the first instalment estimate as the amount that would, but for sub-section
221YBA (5), be the provisional tax payable by the taxpayer in respect of the
income of the year of income is not the same as the amount that would have
been calculated under that sub-section in relation to the first instalment
estimate if the calculation had been made on the instalment notice date in
relation to the second instalment,
for the purposes of the application of this Division in relation to the second
instalment and any subsequent instalment for the year of income, the first
instalment estimate shall be taken not to have been furnished.";
(c) by inserting after sub-section (2) the following sub-sections:
"(2AA) Where -
(a) a taxpayer furnishes an instalment estimate in relation to an
instalment of provisional tax for a year of income; and
(b) the taxpayer furnishes an instalment estimate in relation to
a subsequent instalment of provisional tax for the year of income, sub-section
(2) applies in relation to the instalment estimate referred to in paragraph
(b) -
(c) with effect from the date of furnishing of the instalment
estimate referred to in paragraph (b); and
(d) notwithstanding the application of that sub-section in relation
to the instalment estimate referred to in paragraph (a).
"(2AB) Where a taxpayer furnishes an instalment estimate in
relation to an instalment of provisional tax, the amount payable by the
taxpayer as that instalment is the amount that would have been payable if the
applicable provisional tax amount had been ascertained -
(a) where sub-section (4) applies in relation to the instalment
estimate - as at the day after the date on which a notice is served on the
taxpayer under that sub-section; or
(b) in any other case - as at the day after the date of furnishing
of the instalment estimate,
instead of as at the instalment notice date.
"(2AC) For the purposes of sections 207 and 221YDB, where,
under sub-section (1) of this section, the Commissioner has allowed a further
time for the furnishing by a taxpayer of an instalment estimate under that
sub-section in respect of an instalment, that instalment shall be deemed to
have become due and payable by the taxpayer on the date specified in paragraph
(1) (bb).";
(d) by omitting from sub-section (2A) "specified in paragraph (1) (a) or on
the date specified in paragraph (1) (b), whichever is the later" and
substituting "applicable under paragraph (1) (ba)";
(e) by inserting after sub-section (3) the following sub-section:
"(3A) Where an instalment of provisional tax is payable by a
taxpayer in accordance with sub-section (2AB), that instalment is,
notwithstanding section 221YD, due and payable on the date that is the date
not later than which the taxpayer was permitted to furnish the statement under
sub-section (1) in relation to that instalment.";
(f) by inserting after sub-section (4) the following sub-section:
"(4A) Where sub-section (4) applies in relation to an instalment
estimate furnished by a taxpayer in respect of an instalment of provisional
tax, the notice served on the taxpayer under that subsection shall specify the
amount that, by virtue of sub-section (2AB), is the amount payable by the
taxpayer as that instalment.";
(g) by inserting after sub-section (6) the following sub-section:
"(6A) Where sub-section (4) applies in relation to an instalment estimate
furnished by a taxpayer in respect of an instalment of provisional tax, the
notice served on the taxpayer under that subsection shall state the amount of
any increase in that instalment that becomes payable by reason of the
operation of that sub-section and shall specify a date as the due date for the
payment of that increase, being a date not less than 14 days after the date of
service of the notice, and the amount of the increase so stated is,
notwithstanding sub-section (3A), due and payable on that date."; and
(h) by adding at the end the following sub-section:
"(8) A reference in this section (other than paragraph (1) (a) or
sub-section (2A), (3) or (6)) to the amount of provisional tax payable by a
taxpayer includes a reference to the amount that, but for sub-section 221YBA
(5), would be the provisional tax payable by the taxpayer.".
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 22
Additional tax where income underestimated
22. Section 221YDB of the Principal Act is amended -
(a) by inserting after sub-section (1A) the following sub-sections:
"(1AA) Where -
(a) an instalment of provisional tax for a year of income (in this
sub-section referred to as the 'insufficient instalment') was calculated by
reference to -
(i) the amount of the taxpayer's estimated taxable income
for the year of income as shown in an instalment estimate; or
(ii) an application of sub-section 221YDA (4) in relation
to the taxpayer's estimated taxable income for the year of income as shown in
an instalment estimate; and
(b) the taxpayer's estimated taxable income, reduced by the
amount (if any) representing salary or wages that is included in that
estimated taxable income, is less than 90% of the amount remaining after
deducting from the taxable income of the taxpayer the amount of any assessable
income of the taxpayer that consists of salary or wages,
additional tax, by way of penalty, in respect of the penalty period, is due
and payable by the taxpayer to the Commissioner at the rate of 20% per annum
on the amount by which the insufficient instalment is less than the amount
ascertained in accordance with the formula AB - C, where -
A is -
(c) the amount that would have been the applicable
provisional tax amount in relation to the insufficient instalment if no
instalment estimate had been furnished by the taxpayer in respect of the year
of income; or
(d) the amount of tax payable by the taxpayer in respect
of the taxable income of the year of income reduced by -
(i) where the income of the taxpayer of the year
of income includes salary or wages and subparagraph (iii) does not apply - the
amount of the deductions made from that salary or wages in accordance with
sections 221C and 221D;
(ii) where the income of the taxpayer of the year of income includes
prescribed payments and subparagraph (iii) does not apply - the amount of any
deductions made under Division 3A from those prescribed payments; and
(iii) where the income of the taxpayer of the year
of income includes salary or wages and prescribed payments - the amounts that,
but for this subparagraph, would be applicable under subparagraphs (i) and
(ii) in relation to the salary or wages and the prescribed payments,
whichever is the less;
B is the relevant percentage; and
C is the amount, or the sum of the amounts, of any instalments
of provisional tax for the year of income that became due and payable before
the date on which the insufficient instalment became due and payable.
"(1AB) In determining for the purposes of sub-section (1AA)
whether an amount of an instalment of provisional tax, or an amount of tax,
has become due and payable by the taxpayer and, if an amount of an instalment
of provisional tax, or of tax, has become due and payable by a taxpayer, the
day on which that amount became due and payable, the operation of section 206
shall be disregarded.
"(1AC) For the purposes of sub-section (1AA), where the amount
of an instalment of provisional tax is increased under sub-section 221YCA (3)
or (4) or by reason of the operation of sub-section 221YDA (4), the whole of
that instalment shall be deemed to have become due and payable on the day on
which it would have been due and payable if it had not been increased.";
(b) by inserting in sub-sections (1B) and (2) "or (1AA)" after "(1)"; and
(c) by inserting in sub-section (4) ", or an instalment of provisional tax,"
after "provisional tax".
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 23
Reduction of provisional tax
23. Section 221YDC of the Principal Act is amended by adding at the end the
following sub-section:
"(3) A reference in this section to the amount of provisional tax payable
includes a reference to the amount that, but for sub-section 221YBA (5), would
be the provisional tax payable.".
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 24
Provisional tax to be credited against other tax
24. Section 221YE of the Principal Act is amended by inserting "an
instalment of provisional tax and" after "includes" in the definition of
"provisional tax" in sub-section (2).
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 25
Provisional tax not to be notified where tax assessed
25. Section 221YF of the Principal Act is amended by inserting "or an
instalment of provisional tax" after "provisional tax".
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 26
Alteration of notice of provisional tax
26. Section 221YG of the Principal Act is amended by adding at the end the
following sub-section:
"(4) A reference in this section to the amount of provisional tax payable by
a taxpayer includes a reference to the amount that, but for sub-section 221YBA
(5), would be the provisional tax payable by the taxpayer.".
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 27
Notice of provisional tax to be prima facie evidence
27. Section 221YH of the Principal Act is amended by adding at the end the
following sub-section:
"(2) A reference in this section to the amount of provisional tax payable by
a person includes a reference to -
(a) the amount of an instalment of provisional tax payable by the person;
and
(b) the amount that, but for sub-section 221YBA (5), would be the
provisional tax payable by the person.".
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 28
Provisional tax avoidance schemes relating to taxpayers other than
taxpayers in the capacity of trustees
28. Section 221YHAAC of the Principal Act is amended -
(a) by inserting after sub-section (2) the following sub-section:
"(2A) A reference in paragraph (2) (c) to provisional tax includes
a reference to instalments of provisional tax."; and
(b) by inserting after sub-section (3) the following sub-section:
"(3A) A reference in sub-section (3) to an amount of provisional
tax payable by a taxpayer in respect of a year of income includes a reference
to an amount that, but for sub-section 221YBA (5), would be the provisional
tax payable by the taxpayer in respect of the year of income.".
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 29
Provisional tax avoidance schemes relating to trustees liable to be
assessed under section 98
29. Section 221YHAAD of the Principal Act is amended -
(a) by inserting after sub-section (2) the following sub-section:
"(2A) A reference in paragraph (2) (c) to provisional tax includes
a reference to instalments of provisional tax."; and
(b) by inserting after sub-section (3) the following sub-section:
"(3A) A reference in sub-section (3) to an amount of provisional
tax payable by a taxpayer in respect of a year of income includes a reference
to an amount that, but for sub-section 221YBA (5), would be the provisional
tax payable by the taxpayer in respect of the year of income.".
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 30
Review of decisions
30. Section 221YHAAE of the Principal Act is amended by adding at the end
the following sub-section:
"(5) In this section, 'provisional tax' includes an instalment of
provisional tax.".
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 31
Transitional
31. For the purposes of sections 46C and 67AA of the Principal Act as
amended by this Act, a dividend paid in respect of a share that was issued,
after 5 o'clock in the afternoon, by Australian Eastern Standard Time, on 7
April 1986, by a company to a shareholder shall not be taken to be a debt
dividend if the share was issued pursuant to an obligation imposed by the
articles of association of the company, as in force at or before that time,
being an obligation that required, after the payment of a dividend in cash in
respect of -
(a) particular shares issued to the shareholder at or before that time; or
(b) shares previously issued to the shareholder pursuant to the obligation,
the issue to the shareholder of further shares at a premium such that the sum
of the paid-up value and premium in respect of those further shares would
equal the amount of the dividend.
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 32
Application of amendments
32. (1) In this section, "amended Act" means the Principal Act as amended by
this Act.
(2) The amendment made by section 6 applies to income derived before or
after the commencement of this sub-section.
(3) The amendment made by section 12 applies to assessments in respect of
income of the year of income in which 20 September 1985 occurred and of all
subsequent years of income.
(4) A decision of the Commissioner made under sub-section 221YDA (1) of the
Principal Act before the commencement of this sub-section allowing further
time for the furnishing of a statement has effect, after the commencement of
this subsection, as if it had been made under sub-section 221YDA (1) of the
amended Act.
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 34
Principal Act
34. The Taxation (Interest on Overpayments) Act 1983*3* is in this Part
referred to as the Principal Act.
*3*No. 12, 1983, as amended. For previous amendments, see No. 123, 1984; Nos.
4, 47, 49 and 123, 1985; Nos. 41, 46, 48 and 154, 1986; and Nos. 58 and 61,
1987.
TAXATION LAWS AMENDMENT ACT 1987No. 61, 1987
- SECT 35
Entitlement to interest
35. Section 9 of the Principal Act is amended by inserting in paragraph (5)
(a) "221YCA (2) or (3) or" before "221YE(1)".
The
Act No. 61, 1987 amended as indicated in the Tables below.
Act | Number and year | Date of Assent | Date of commencement | Application, saving or transitional provisions |
61, 1987 | 5 June 1987 | 5 June 1987 | ||
75, 2010 | 28 June 2010 | Schedule 6 (item 23): 29 June 2010 | — |
| |
Provision affected | How affected |
S. 33......................................... | rep. No. 75, 2010 |
0
0
0