Taxation Laws Amendment Act (No. 3) 1985 (Cth)
This compilation was prepared on 29 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
1. Short
title [
2.
Commencement [
PART II - AMENDMENTS OF THE AUSTRALIAN CAPITAL TERRITORY TAXATION
(ADMINISTRATION) ACT 1969
3. Principal Act
4. Interpretation
5. Insertion of new section -
Refund of duty where land transferred by way of mortgage is
re-transferred
6. Heading to Division 11 of Part III
7. Transfer of marketable securities not to be registered unless duly
stamped
8. Insertion of new Division -
Interpretation
Persons liable to pay duty
When loan securities are to be duly stamped
How duty denoted
Duty where amount secured is increased, is not a definite sum,
& c.
Loan securities for repayment by periodical payments, & c.
Collateral securities
Subsequent mortgages
Duty on subscriptions under instruments which secure debentures
Debentures not liable to duty if mortgage duly stamped
Credits in respect of non-Territory stamp duty paid on loan
securities
Stamping and lodgment of duplicate instruments, & c.
9. Application
PART III - AMENDMENT OF THE AUSTRALIAN CAPITAL TERRITORY TAX
(HIRE-PURCHASE BUSINESS) ACT 1969
10. Principal Act
11. Addition of new section -
Regulations
PART IV - AMENDMENT OF THE AUSTRALIAN CAPITAL TERRITORY TAX
(INSURANCE BUSINESS) ACT 1969
12. Principal Act
13. Addition of new section -
Regulations
PART V - AMENDMENT OF THE AUSTRALIAN CAPITAL TERRITORY TAX
(PURCHASES OF MARKETABLE SECURITIES) ACT 1969
14. Principal Act
15. Addition of new section -
Regulations
PART VI - AMENDMENT OF THE AUSTRALIAN CAPITAL TERRITORY TAX (SALES
OF MARKETABLE SECURITIES) ACT 1969
16. Principal Act
17. Addition of new section -
Regulations
PART VII - AMENDMENTS OF THE INCOME TAX ASSESSMENT ACT 1936
18. Principal Act
19. Interpretation
20. Officers to observe secrecy
21. Exemptions
22. Exemption of certain film income
23. Repeal of section 32 and substitution of new section -
Value of live stock at end of year of income
24. Full-year deductions and partnership deductions
25. Divisible deductions
26. Calls paid by certain holding companies
27. Moneys paid on shares for the purposes of certain exploration,
prospecting or mining
28. Gifts, pensions, & c.
29. Transfer of loss within company group
30. Interpretation
31. Deduction of allowable (post 19 July 1982) capital expenditure
32. Exploration and prospecting expenditure
33. Elections
34. Insertion of new section -
124ADH. Election in relation to limit on certain deductions
35. Exploration and prospecting expenditure
36. Deductions for capital expenditure under pre 13 January 1983 contracts
and certain other contracts
37. Deductions for capital expenditure under post 12 January 1983 contracts
38. Rebate for moneys paid on shares for the purposes of petroleum
exploration, prospecting or mining
39. Interpretation
40. Interpretation
41. Deductions from certain withdrawals from film accounts
42. Application of amendments
PART VIII - AMENDMENTS OF THE INCOME TAX (INTERNATIONAL AGREEMENTS)
ACT 1953
44. Principal Act
45. Interpretation
46. Insertion of new section -
Agreement with Finland
47. Provisions relating to certain income derived from sources in certain
countries
48. Schedule
PART IX - AMENDMENT OF THE TAXATION ADMINISTRATION ACT 1953
49. Principal Act
50. Provision of taxation information to National Crime Authority
SCHEDULE
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985 - LONG TITLE
An Act to amend the law relating to taxation
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 1
Short
title [
1. This Act may be cited as the Taxation Laws Amendment Act (No. 3) 1985.
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 2
Commencement
[
2. (1) Subject to this section, this Act shall come into operation on the
day on which it receives the Royal Assent.
(2) Part II shall come into operation on the first day of the month next
following the month in which this Act receives the Royal Assent.
(3) Parts IV, V and VI shall be deemed to have come into operation on 1 July
1969.
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 3
Principal Act
3. The Australian Capital Territory Taxation (Administration) Act 1969*1* is
in this Part referred to as the Principal Act.
*1*No. 42, 1969, as amended. For previous amendments, see No. 216, 1973; Nos.
61, 92 and 127, 1981; No. 127, 1982; No. 39, 1983; and No. 123, 1984.
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 4
Interpretation
4. Section 4 of the Principal Act is amended -
(a) by inserting after the definition of "Board of Review" in sub-section
(1) the following definition:
"'borrower' means -
(a) in relation to -
(i) a loan security; or
(ii) an instrument of the kind referred to in
subsection 58M (1),
the borrower or the person bound;
(b) in relation to an instrument lodged under sub-section
58R (2) by a body corporate - the body corporate; or
(c) in relation to an instrument of trust referred to in
paragraph (g) of the definition of 'mortgage' in section 58H - the person who
issued the corporate debentures to which the instrument relates;";
(b) by inserting after the definition of "conveyance" in sub-section (1) the
following definition:
"'corporate debenture' means a debenture of a body corporate
and includes debenture stock, a bond, a note and any other security of a body
corporate, whether it constitutes a charge on assets of the body corporate or
not;";
(c) by inserting after the definition of "life insurance" in sub-section (1)
the following definition:
"'loan security' means -
(a) a mortgage within the meaning of Division 12 of Part
III;
(b) a corporate debenture; or
(c) a bond, or a covenant, for securing a loan made or to
be made,
but does not include an instrument included in a prescribed class of
instruments;";
(d) by omitting from sub-section (1) the definition of "marketable security"
and substituting the following definition:
"'marketable security' means -
(a) a share in the capital of, or a debenture of, a company;
or
(b) a unit in relation to a unit trust scheme,
and includes a right, whether existing or future and whether contingent or
not, of a person to have issued to the person such a share, debenture or unit,
whether on payment of money or other consideration or not;";
(e) by inserting after the definition of "purchase price" in sub-section (1)
the following definition:
"'Real Property Ordinance' means the Real Property Ordinance 1925 of the
Australian Capital Territory;";
(f) by inserting after the definition of "trustee" in sub-section (1) the
following definitions:
"'unit', in relation to a unit trust scheme, means a right or interest
(whether described as a unit or sub-unit or otherwise) of a
beneficiary under the scheme;
'unit trust' means a trust to which a unit trust scheme relates;
'unit trust scheme' means any arrangements made for the
purpose, or having the effect, of providing, for a person
having funds available for investment, facilities for the
participation by the person, as a beneficiary under a trust, in
any profits or income arising from the acquisition, holding,
management or disposal of any property pursuant to the
trust;"; and
(g) by adding at the end the following sub-sections:
"(9) For the purposes of this Act -
(a) where a bill of exchange or promissory note is dated, the bill
or note shall, unless the contrary is shown, be deemed to have been drawn or
made on that date; and
(b) an instrument shall be deemed to have been executed on the
date on which the last party to the instrument appears to have executed it.
"(10) The reference in paragraph (c) of the definition of 'loan
security' in sub-section (1) to a loan includes a reference to -
(a) an advance of money;
(b) money paid for or on account of or on behalf of or at the
request of a person;
(c) a forbearance to require payment of money owing on any
account; and
(d) a transaction (whatever its terms or form) which is substance
effects a loan of money.
"(11) For the purpose of this Act, a loan security shall be taken
to be connected with the Territory if, and only if -
(a) in a case where the loan security subjects property to a
security - the whole or a part of that property is situated in the Territory;
or
(b) in any case - the loan security is executed in the Territory
by the borrower.
"(12) For the purposes of this Act, a loan security that is not
executed shall be deemed to be executed when and where it is issued.
"(13) In this Act, a reference to the amount secured by a loan security is,
in relation to a mortgage within the meaning of Division 12 of Part III, being
an instrument of trust referred to in paragraph (g) of the definition of
'mortgage' in section 58H, a reference to the amount repayable in respect of
the corporate debentures to which the instrument relates.".
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 5
5. After section 50A of the Principal Act the following section is inserted
in Division 7 of Part III:
Refund of duty where land transferred by way of mortgage is re-transferred
"50B. (1) Subject to sub-section (2), where -
(a) duty has been paid on a transfer, or an agreement for a transfer, by
which an estate or interest in land is or is to be transmitted under the Real
Property Ordinance by way of mortgage;
(b) in the case of an agreement for a transfer - the estate or interest has
been transferred pursuant to the agreement;
(c) the estate or interest has been -
(i) re-transferred to the mortgage; or
(ii) transferred to a person (in this section referred to as the
'mortgagor's successor') to whom the equity of redemption has been transmitted
consequent on the death, bankruptcy or insolvency of the mortgagor; and
(d) the mortgagor or the mortgagor's successor, as the case may be, becomes
the registered proprietor, within the meaning of the Real Property Ordinance,
of the estate or interest,
the Commissioner shall refund to the person by whom the duty was paid an
amount equal to the difference between the amount of duty so paid and the
amount of duty that would have been payable on that transfer, or agreement for
a transfer, if it had been a loan security.
"(2) A person is not entitled to a refund under sub-section (1) unless the
person gives to the Commissioner, within 12 months after the mortgagor or the
mortgagor's successor becomes the registered proprietor as mentioned in
paragraph (1) (d), an application in accordance with an approved form,
together with such information as the Commissioner requires to enable the
Commissioner to determine the amount of the refund.
"(3) Nothing in this section shall be taken as derogating from the operation
of sub-section 51 (1) of the Real Property Ordinance.".
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 6
Heading to Division 11 of Part III
6. The heading to Division 11 of Part III of the Principal Act is amended by
adding at the end "and Unit Trusts".
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 7
Transfer of marketable securities not to be registered unless duly stamped
7. Section 58G of the Principal Act is amended by omitting "A transfer of a
share in the capital of, or a debenture of, a company shall not be registered,
recorded or entered in the books of the company" and substituting "A transfer
of a marketable security shall not be registered, recorded or entered in the
books of the company or unit trust to which the marketable security relates".
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 8
8. After Division 11 of Part III of the Principal Act the following Division
is inserted:
"Division 12 - Loan Securities
Interpretation
"58H. In this Division -
'duly stamped' means duly stamped in relation to duty payable by virtue of
this Division;
'duty' means duty payable by virtue of this Division;
'mortgage' means a security by way of mortgage or charge -
(a) for the payment of a definite and certain sum of money
advanced or lent at the time or previuosly due or owing, or forborne to be
paid, being payable; or
(b) for the repayment of money to be thereafter lent, advanced,
or paid, or which may become due upon an account current together with a sum
already advanced or due, or without, as the case may be,
and, without limiting the generality of the foregoing, includes -
(c) a security by way of mortgage or charge given in consideration
of the conveyance or transfer of an estate or interest in any real or personal
property;
(d) a transfer or conveyance of any estate or interest in any real
or personal property in trust to be sold or otherwise converted into money -
(i) intended only as a security; and
(ii) redeemable before the sale or other disposal of the
estate or interest, either by express stipulation or otherwise,
except where the transfer or conveyance is made for the benefit of creditors
generally, or for the benefit of creditors specified, who accept the provision
made for payment of their debts in full satisfaction of those debts;
(e) any defeasance, declaration, or other instrument for defeating
or making redeemable or explaining or qualifying a conveyance, transfer,
assignment or disposition of any estate or interest in real or personal
property, apparently absolute but intended only as a security;
(f) any agreement, contract or covenant (being an agreement,
contract or covenant relating to documents of title or accompanied with the
deposit of any documents of title or instruments creating a charge on real or
personal property) for making a mortgage or any such other security, transfer
or conveyance of any estate or interest in real or personal property comprised
in those documents, or for pledging or charging that property as a security;
and
(g) any instrument of mortgage (including an instrument of
mortgage referred to in paragraph (c), (d), (e) or (f))for the purpose of
securing the repayment of corporate debentures or any instrument of trust
protecting the interests of the holders of corporate debentures,
but does not include a conveyance by which an estate or interest in land is or
is to be transmitted under the Real Property Ordinance by way of mortgage.
Persons liable to pay duty
"58J. Duty imposed on -
(a) a loan security; or
(b) an instrument of the kind referred to in sub-section 58M (1) or 58R
(2),
is payable by the borrower.
When loan securities are to be duly stamped
"58K. Except as otherwise provided by this Division, where a loan security
on which duty is imposed is executed, the borrower shall -
(a) in a case where the amount payable or repayable under or secured by the
loan security exceeds $15,000 or, if that amount is not fixed, where the
maximum amount that is or may become payable or repayable under or that is
secured by the loan security exceeds $15,000 - lodge the instrument of loan
security with the Commissioner for assessment within 30 days after the
instrument is executed; or
(b) in any other case - cause the instrument of loan security to be duly
stamped forthwith on the execution of the loan security.
How duty denoted
"58L. (1) The payment of duty imposed on an instrument required to be lodged
with the Commissioner pursuant to this Division shall be denoted by impressed
stamp.
"(2) The payment of duty imposed on an instrument of loan security to which
sub-section (1) does not apply shall be denoted by adhesive stamp.
Duty where amount secured is increased, is not a definite sum, &c.
"58M. (1) Where -
(a) the total amount secured or to be ultimately recoverable by or under a
loan security connected with the Territory is expressed in the loan security
to be limited to a definite and certain sum of money (whether or not that
total amount may be increased pursuant to the loan security);
(b) that total amount is increased pursuant to an instrument (whether or not
the loan security); and
(c) in a case where that total amount is increased pursuant to an instrument
other than the loan security - the loan security was executed on or after the
date of commencement of this section,
that instrument -
(d) is liable to duty (if any) equal to the difference between -
(i) the duty that would be payable if the instrument were a loan
security connected with the Territory executed by the borrower in respect of
the sum of the amounts payable or repayable under or secured by the
first-mentioned loan security and the amount of that increase and any previous
increases; and
(ii) the sum of -
(A) the duty paid on the first-mentioned loan security;
and
(B) any duty that has become payable by virtue of another
application of this sub-section in relation to an instrument relating to the
first-mentioned loan security and has been paid; and
(e) within 30 days after that increase is made, shall be lodged by the
borrower with the Commissioner for assessment.
"(2) Where -
(a) a loan security is for the payment or repayment of money to be lent,
advanced, or paid, or which may become due upon an account current either with
or without money previously due; and
(b) the total amount secured or to be ultimately recoverable is expressed in
the loan security to be limited to a definite and certain sum of money,
the loan security shall be deemed, for the purposes of this Act, to be a loan
security for the payment or repayment of the amount so expressed.
"(3) Where the total amount secured or to be ultimately recoverable by or
under a loan security connected with the Territory is not expressed in the
loan security to be limited to a definite and certain sum of money, the loan
security -
(a) is liable to duty equal to the duty that would be payable on the loan
security if it were a loan security for the payment or repayment of $15,000;
and
(b) within 30 days after it is executed, shall be lodged by the borrower
with the Commissioner for assessment.
"(4) Where -
(a) the total amount secured or to be ultimately recoverable by or under a
loan security connected with the Territory is not expressed in the loan
security to be limited to a definite and certain sum of money; and
(b) the loan security is enforced in relation to an amount greater than
$15,000,
the loan security -
(c) is liable to duty (if any) equal to the difference between the duty that
would be payable on the loan security if it were a loan security for the
payment or repayment of that greater amount and the duty previously paid in
respect of the loan security; and
(d) within 30 days after it is enforced, shall be lodged by the borrower
with the Commissioner for assessment.
"(5) Where -
(a) the total amount secured or to be ultimately recoverable by or under a
loan security connected with the Territory is not expressed in the loan
security to be limited to a definite and certain sum of money; and
(b) an advance is made and the sum of that advance and any previous advances
exceeds the amount in respect of which duty has been paid on the loan
security,
the loan security -
(c) is liable to duty (if any) equal to the difference between -
(i) the duty that would be payable on the loan security if it
were a loan security in respect of the sum of -
(A) the amount in respect of which duty has been paid
on the loan security; and
(B) the amount of the advance; and
(ii) the duty previously paid on the loan security; and
(d) within 30 days after the advance is made, shall be lodged by the
borrower with the Commissioner for assessment.
Loan securities for repayment by periodical payments, &c.
"58N. A loan security for the payment of any rent charge, annuity or
periodical payments, by way of repayment or in satisfaction or discharge of
any loan, advance or payment intended to be so repaid, satisfied or
discharged, shall be deemed, for the purposes of this Act, to be a loan
security for the payment of the sum of money so lent, advanced or paid.
Collateral securities
"58P. (1) Subject to sub-section (2), a loan security that is a collateral
security for the same money as is secured by a primary loan security is not
liable to duty.
"(2) A loan security connected with the Territory that is a collateral
security for the same money as is secured by a primary loan security connected
with the Territory -
(a) is liable to duty (if any) equal to the duty that would be payable on
the collateral security if it were the primary loan security and the primary
loan security had been executed when the collateral security was executed;
and
(b) within 30 days after it is executed, shall be lodged by the borrower
with the Commissioner for assessment,
unless the primary loan security or any other collateral security for the same
money as is secured by the primary loan security has been duly stamped.
"(3) In this section, 'collateral security' includes any additional or
substituted security and any legal mortgage executed pursuant to an agreement,
contract or covenant referred to in paragraph (f) of the definition of
'mortgage' in section 58H.
Subsequent mortgages
"58Q. (1) Subject to sub-section (2), where a subsequent mortgage connected
with the Territory contains a covenant that -
(a) confers upon the mortgagee a right, whether absolute or contingent, to
pay to a prior mortgagee the amount owing under a prior mortgage; and
(b) provides that any payment so made will be directly secured by the
subsequent mortgage,
the amount of duty payable on the subsequent mortgage shall be determined
without regard to the provisions of the covenant.
"(2) Where a payment is made under a covenant referred to in subsection (1),
the subsequent mortgage -
(a) is liable to duty equal to the duty (if any) that would be payable on
the subsequent mortgage if it were a loan security for the repayment of the
amount of the payment; and
(b) within 30 days after the payment is made, shall be lodged by the
borrower with the Commissioner for assessment.
Duty on subscriptions under instruments which secure debentures
"58R. (1) Where -
(a) a body corporate is or will be under a liability to repay any money
received or to be received by it in respect of corporate debentures of the
body corporate; and
(b) there is an instrument of trust relating to the debentures to which the
body corporate is a party,
the body corporate may, by notice in accordance with an approved form given to
the Commissioner, elect that this section apply in relation to those corporate
debentures and, where such an election is made, the instrument of trust, any
mortgage executed by the body corporate protecting the interests of the
holders of the debentures and any such debentures shall be deemed to be duly
stamped.
"(2) Where an election relating to corporate debentures of a body corporate
has been made by the body corporate under sub-section (1), the body corporate
shall, within 21 days after the end of each month of each year, lodge with the
Commissioner for assessment an instrument, in accordance with an approved
form, setting out -
(a) 5% of the total of amounts subscribed in respect of such of the
corporate debentures as were issued during that month and are connected with
the Territory, being amounts repayable at or after the expiration of a period
of not less than 30 days and not more than 3 months;
(b) 50% of the total of amounts subscribed in respect of such of the
corporate debentures as were issued during that month and are connected with
the Territory, being amounts repayable at or after the expiration of a period
of more than 3 months but not more than 6 months; and
(c) the total of all other amounts subscribed in respect of such of the
corporate debentures as were issued during that month and are connected with
the Territory, not being amounts repayable at call or in less than 30 days.
"(3) An instrument lodged under sub-section (2) is liable to duty (if any)
equal to the duty that would be payable if the instrument were a loan security
connected with the Territory for the repayment of the sum of the amounts
specified in the instrument.
"(4) For the purposes of this section, amounts repayable at call after a
specified period shall be deemed to be amounts repayable at the end of that
period.
"(5) A reference in this section to an amount subscribed in respect of
corporate debentures includes a reference to an amount represented by
corporate debentures issued upon the conversion or renewal of an existing
holding of corporate debentures or other marketable securities.
Debentures not liable to duty if mortgage duly stamped
"58S. Where -
(a) the repayment of any corporate debentures is secured on a mortgage
referred to in paragraph (g) of the definition of 'mortgage' in section 58H,
not being an instrument of trust, and the amount secured is not less than the
amount repayable in respect of those debentures; or
(b) the interests of the holders of any corporate debentures to which a
mortgage so referred to, being an instrument of trust, relates are protected
by the mortgage to an extent not less than the amount repayable in respect of
the debentures, and the mortgage is duly stamped, the debentures shall be
deemed to be duly stamped.
Credits in respect of non-Territory stamp duty paid on loan securities
"58T. (1) Subject to this section, where -
(a) a loan security subjects property to a security;
(b) the whole or a part of the property is situated in a State, in the
Northern Territory or in an external Territory; and
(c) duty is, or but for this sub-section, would be, payable in respect of
the loan security,
the person liable to pay the duty is entitled to a credit of duty in respect
of the duty payable on the loan security of an amount equal to the amount of
stamp duty paid or payable on the loan security under a law of the State, the
Northern Territory or the external Territory, as the case may be.
"(2) Where a credit of duty is allowable in respect of the duty payable on a
loan security, that credit shall not exceed the amount of duty that, before
the allowance of that credit, is payable on the loan security.
"(3) A credit under this section is not allowable to a person in respect of
a loan security unless the person gives to the Commissioner, within 12 months
after the time when the duty in respect of which the credit is claimed became
due and payable, an application in accordance with an approved form, together
with such information as the Commissioner requires to enable the Commissioner
to determine the amount of the credit.
"(4) Where a credit is allowable to a person under this section in respect
of a loan security -
(a) if the whole or any part of the duty payable on the loan security is
unpaid - the Commissioner shall apply the credit against that duty;
(b) if the person is subject to any other liability to the Commonwealth,
being a liability arising under, or by virtue of, an Act of which the
Commissioner has the general administration - the Commissioner may apply so
much of the credit as has not been applied under paragraph (a) against that
liability; and
(c) the Commissioner shall refund so much (if any) of the credit as has not
been applied under paragraph (a) or (b).
"(5) Where -
(a) but for this sub-section, an instrument of the kind referred to in
sub-section 58M (1) would not be a loan security; and
(b) the instrument relates to a loan security that subjects property to a
security,
the instrument shall be deemed, for the purposes of this section, to be a loan
security and to subject that property to a security.
Stamping and lodgment of duplicate instruments, &c.
"58U. (1) Where an original instrument on which duty is payable is lodged
with a public office at which registration is effected, the original
instrument shall be taken to have been duly stamped or to have been lodged
with the Commissioner for assessment, as the case may be, if a duplicate or
copy of the original instrument is duly stamped or is ldoged with the
Commissioner for assessment.
"(2) If, at the time when a requirement arises under this Division for a
person, within a specified period, to lodge an instrument with the
Commissioner for assessment -
(a) the instrument is in the possession of the Commissioner, or of a court,
pursuant to section 67; or
(b) the instrument is the subject of a previous such requirement,
the first-mentioned requirement to lodge the instrument may be satisfied only
by lodging with the Commissioner, within the specified period, a duplicate or
copy of the instrument.
"(3) Where an instrument is required pursuant to this Division to be lodged
with the Commissioner for assessment, the instrument shall not be taken to
have been so lodged unless it is accompanied by such information (if any) as
the Commissioner requires to enable the Commissioner to assess the amount of
duty payable on the instrument.".
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 9
Application
9. The amendments made by paragraphs 4 (d) and (f) apply -
(a) to purchases or sales of marketable securities made on or after the date
of commencement of this section; and
(b) to transfers of marketable securities executed on or after that date.
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 10
Principal Act
10. The Australian Capital Territory Tax (Hire-purchase Business) Act
1969*2* is in this Part referred to as the Principal Act.
*2*No. 44, 1969.
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 11
11. The Principal Act is amended by adding at the end the following section:
Regulations
"7. The Governor-General may make regulations for the purposes of paragraph 6
(b).".
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 12
Principal Act
12. The Australian Capital Territory Tax (Insurance Business) Act 1969*3* is
in this Part referred to as the Principal Act.
*3*No. 45, 1969, as amended. For previous amendments, see No. 216, 1973; Nos.
125 and 130, 1981; and No. 125, 1982.
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 13
13. The Principal Act is amended by adding at the end the following section:
Regulations
"7. The Governor-General may make regulations for the purposes of paragraph 6
(g).".
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 14
Principal Act
14. The Australian Capital Territory Tax (Purchases of Marketable
Securities) Act 1969*4* is in this Part referred to as the Principal Act.
*4*No. 47, 1969, as amended. For previous amendments, see No. 93, 1972; and
No. 216, 1973.
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 15
15. The Principal Act is amended by adding at the end the following section:
Regulations
"7. The Governor-General may make regulations for the purposes of section 4
and paragraph 6 (c).".
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 16
Principal Act
16. The Australian Capital Territory Tax (Sales of Marketable Securities)
Act 1969*5* is in this Part referred to as the Principal Act.
*5*No. 46, 1969, as amended. For previous amendments, see No. 92, 1972; and
No. 216, 1973.
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 17
17. The Principal Act is amended by adding at the end the following section:
Regulations
"7. The Governor-General may make regulations for the purposes of section 4
and paragraph 6 (c).".
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 18
Principal Act
18. The Income Tax Assessment Act 1936*6* is in this Part referred t o as
the Principal Act.
*6*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 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; No.
44, 1951; Nos. 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. 17, 27 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, 60, 70, 87 and 148, 1968; Nos. 18, 93 and 101, 1969; No.
87, 1970; Nos. 6, 54 and 93, 1971; Nos. 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, 47, 115, 123 and 124, 1984; and Nos. 47 and 49, 1985.
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 19
Interpretation
19. Section 6 of the Principal Act is amended by omitting "or (b)" from
paragraph (a) of the definition of "apportionable deductions" in sub-section
(1).
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 20
Officers to observe secrecy
20. Section 16 of the Principal Act is amended -
(a) by inserting before the definition of "officer" in sub-section (1) the
following definition:
"'Director of Public Prosecutions' means a person holding office
as, or acting as, the Director of Public Prosecutions under the Director of
Public Prosecutions Act 1983;";
(b) by adding at the end of sub-section (1) the following definitions:
"'Special Prosecutor' means a person holding office as, or acting
as, a Special Prosecutor under the Special Prosecutors Act 1982;
'tax-related offence' means -
(a) an offence against -
(i) an Act of which the Commissioner has the
general administration or regulations under such an Act; or
(ii) the Crimes (Taxation Offences) Act 1980; or
(b) an offence against the Crimes Act 1914 relating to a
law referred to in paragraph (a).";
(c) by omitting from paragraph (4) (hb) "and Youth Affairs";
(d) by adding at the end of sub-paragraph (4A) (a) (ii)", other than a
proceeding conducted in private";
(e) by inserting after paragraph (4A) (a) the following paragraph:
"(aa) the Royal Commission may divulge the information in the
course of a proceeding conducted in private by the Royal Commission;";
(f) by inserting after paragraph (4A) (b) the following paragraph:
"(ba) the Royal Commission may communicate the information
to the Director of Public Prosecutions or a Special Prosecutor if the Royal
Commission is of the opinion that the information relates or may relate to an
investigation of a tax-related offence;";
(g) by omitting from paragraph (4A) (c) "paragraphs (a) and (b)" and
substituting "the preceding paragraphs";
(h) by omitting paragraph (4B) (b) and substituting the following paragraph:
"(b) if the person to whose affairs the information relates is a
company -
(i) any person who is, or has been, a director or officer
of the company; or
(ii) any person who is, or has been, directly involved in,
or responsible for, the preparation of information furnished to the
Commissioner on behalf of the company; or";
(j) by inserting in sub-section (4D) "or paragraph (4A) (aa)" after "(4C)";
(k) by inserting after sub-section (4F) the following sub-sections:
"(4FA) Where information is communicated to the Director of
Public Prosecutions under paragraph (4A) (ba) -
(a) the Director of Public Prosecutions shall not divulge or
communicate the information except to a person or employee under his or her
control for the purposes of, or in connection with, the performance by that
person or employee of the duties of his or her office or employment;
(b) a person who is no longer the Director of Public Prosecutions
shall not make a record of the information, or divulge or communicate the
information, in any circumstances; and
(c) a person to whom information has been communicated in
accordance with paragraph (a) or this paragraph shall not -
(i) while he or she is a person or employee under the
control of the Director of Public Prosecutions - divulge or communicate the
information except to the Director of Public Prosecutions, or to another
person or employee under the control of the Director of Public Prosecutions,
for the purposes of, or in connection with, the performance by the Director of
Public Prosecutions of the duties of his or her office, or the performance by
that other person or employee of the duties of his or her office or
employment, as the case may be; or
(ii) when he or she is no longer a person or employee
under the control of the Director of Public Prosecutions - make a record of
the information, or divulge or communicate the information, in any
circumstances.
"(4FB) Where information is communicated to a Special
Prosecutor under paragraph (4A) (ba) -
(a) the Special Prosecutor shall not divulge or communicate the
information except to a person or employee under his or her control for the
purposes of, or in connection with, the performance by that person or employee
of the duties of his or her office or employment;
(b) a person who is no longer a Special Prosecutor shall not
make a record of the information, or divulge or communicate the information,
in any circumstances; and
(c) a person to whom information has been communicated in
accordance with paragraph (a) or this paragraph shall not -
(i) while he or she is a person or employee under the
control of the Special Prosecutor - divulge or communicate the information
except to the Special Prosecutor, or to another person or employee under the
control of the Special Prosecutor, for the purposes of, on in connection with,
the performance by the Special Prosecutor of the duties of his or her office,
or the performance by that other person or employee of the duties of his or
her office or employment, as the case may be; or
(ii) when he or she is no longer a person or employee
under the control of the Special Prosecutor - make a record of the
information, or divulge or communicate the information, in any
circumstances.";
(m) by omitting from paragraph (4G) (a) "and";
(n) by adding at the end of sub-section (4G) the following word and
paragraph:
"; and (c) a member or special member of the Australian Federal
Police, or a member of a police force of a State or Territory, assigned to the
Royal Commission to carry out an investigation on behalf of, or under the
control of, the Royal Commission.";
(o) by omitting from sub-section (4J) "or (4F)" and substituting ",(4F),
(4FA) or (4FB)"; and
(p) by inserting after sub-section (4J) the following sub-sections:
"(4JA) Where information is communicated to a person under
paragraph (4A) (ba) or sub-section (4FA) or (4FB), nothing in subsection (4FA)
or (4FB) prevents -
(a) the communication of the information to another person for
the purposes of, or in connection with, the prosecution of a person for a
tax-related offence; or
(b) if the information is admissible in a prosecution of a person
for a tax-related offence - the communication of the information to a court in
the course of proceedings before that court against the last-mentioned person
for that offence.
"(4JB) A person to whom information has been communicated
in accordance with paragraph (4JA) (a) shall not make a record of the
information, or divulge or communicate the information, except for the
purposes of, or in connection with, the prosecution of a person for a
tax-related offence.".
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 21
Exemptions
21. Section 23 of the Principal Act is amended -
(a) by omitting from paragraph (z) "scholarship (other than a scholarship
referred to in paragraph (zaa) ), bursary or other educational allowance" and
substituting "scholarship, bursary or other educational allowance or
educational assistance (other than assistance for secondary education or
assistance in connection with the education of isolated children)";
(b) by omitting from sub-paragraph (z) (iii) "or";
(c) by adding at the end of paragraph (z) the following sub-paragraphs:
"(v) a benefit received as a grant of Tertiary Education Assistance
under the Student Assistance Act 1973 that does not include a payment made in
respect of a child or children wholly or substantially dependent on the person
who received the benefit; or
(vi) if a benefit received as a grant of Tertiary Education
Assistance under the Student Assistance Act 1973 includes a payment made in
respect of a child or children wholly or substantially dependent on the person
who received the benefit - so much of the benefit as exceeds the amount paid
in respect of the child or children;"; and
(d) by omitting paragraph (zaa) and substituting the following paragraph:
"(zaa) income derived by way of payments made to or in respect
of a student under a scheme for the provision by the Commonwealth of
assistance for secondary education or assistance in connection with the
education of isolated children, but not including -
(i) a payment received under the scheme known as
the Adult Secondary Education Assistance Scheme that does not include an
amount paid in respect of a child or children wholly or substantially
dependent on the person who received the payment; or
(ii) if a payment received under the scheme known as
the Adult Secondary Education Assistance Scheme includes an amount paid in
respect of a child or children wholly or substantially dependent on the person
who received the payment - so much of the payment as exceeds the amount paid
respect of the child or children; and".
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 22
Exemption of certain film income
22. Section 23H of the Principal Act is amended -
(a) by omitting from sub-section (4) "(in this sub-section referred to as
the 'relevant year of income')";
(b) by omitting paragraphs (4) (a), (b) and (c) and substituting the
following paragraphs:
"(a) in a case where the sum of -
(i) 50% of so much (if any) of the deductible moneys as
are deductible 150% moneys;
(ii) 33% of so much (if any) of the deductible moneys as
are deductible 133% moneys; and
(iii) 20% of so much (if any) of the deductible moneys as
are deductible 120% moneys,
exceeds the previously recouped amount - the amount of the excess; or
(b) in any other case - a nil amount."; and
(c) by inserting after the definition of "deductible moneys" in subsection
(4A) the following definition:
"'deductible 120% moneys' means deductible moneys in respect
of which the deduction allowed or allowable under section 124ZAF or 124ZAFA is
an amount equal to 120% of the deductible moneys;".
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 23
23. Section 32 of the Principal Act is repealed and the following section is
substituted:
Value of live stock at end of year income
"32. (1) In this section, unless the contrary intention appears - 'birth
date' means -
(a) in relation to a horse foaled on or after 1 August in a
calender year - 1 August in that year; and
(b) in relation to a horse foaled before 1 August in a calendar
year - 1 August in the preceding year;
'eligible horse' means a horse acquired by the taxpayer under a contract
entered into after 20 August 1985, but does not include a horse that was, at
the time the contract was entered into -
(a) a gelding; or
(b) a female horse that had been spayed;
'general closing value', in relation to an eligible horse, in relation to a
year of income, means the difference between -
(a) the opening value of the horse in relation to the year of
income; and
(b) the general reduction amount in relation to the horse in
relation to the year of income;
'general reduction amount', in relation to an eligible horse, in relation to
a year of income, means -
(a) in the case of a male horse - an amount specified in the
return of the taxpayer, being an amount not exceeding 50% of the opening value
of the horse in relation to the year of income; or
(b) in the case of a female horse - 33 1/3% of the opening value of
the horse in relation to the year of income;
'opening value', in relation to an eligible horse, in relation to a year of
income (in this definition referred to as the 'current year of income'), means-
(a) in a case where the horse was live stock of the taxpayer at
the end of the year of income immediately preceding the current year of income
and was live stock of the taxpayer during the whole of the current year of
income - the value of the horse taken into account at the end of the preceding
year of income; or
(b) in a case where the horse became live stock of the taxpayer
at a time during the current year of income, whichever is the lesser of -
(i) the cost price of the horse; or
(ii) the depreciated value of the horse, within the meaning
of section 62, at that time;
'person' includes a partnership and a person in the capacity of trustee of a
trust estate;
'scheme' includes -
(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;
'special closing value', in relation to a female eligible horse, in relation
to a year of income, means -
(a) in a case to which paragraph (b) does not apply, the
difference between -
(i) the opening value of the horse in relation to the year
of income; and
(ii) the special reduction amount in relation to the horse
in relation to the year of income; or
(b) in a case where the special reduction amount in relation to
the horse in relation to the year of income is equal to or greater than the
opening value of the horse in relation to the year of income - $1;
'special reduction amount', in relation to a female eligible horse, in
relation to a year of income, means -
(a) in the case of a horse that had not attained the age of 10
years before the day the horse became live stock of the taxpayer, an amount
A , where -
_____
12 - B
A is the cost price of the horse;
B is the number of whole years attained by the horse
before that day; and
(b) in the case of a horse that had attained the age of 10 years
before the day the horse became live stock of the taxpayer, an amount
ascertained in accordance with the formula A,
_
B
A is the cost price of the horse; and
B is a whole number, not less than 3, notified by the
taxpayer to the Commissioner at the same time, and in the same manner, as the
taxpayer selects the option referred to in paragraph (5) (b).
"(2) For the purposes of this section, the time when a horse attains a
particular age expressed in years is the commencement of the relevant
anniversary of the birth date of the horse.
"(3) For the purposes of this section, an eligible horse that has become
live stock of the taxpayer more than once before the end of the year of income
shall be taken to have become live stock of the taxpayer on the last occasion
before the end of the year of income on which it became live stock of the
taxpayer.
"(4) Notwithstanding sub-section (1), where an eligible horse became live
stock of a taxpayer at a time during a year of income -
(a) the definition of 'general reduction amount' in that sub-section applies
in relation to the horse in relation to the year of income as if a reference
in that definition to whichever of 50% or 33 1/3% is applicable were a
reference to the percentage ascertained in accordance with the formula AB,
where -
__
C
A is whichever of 50% or 33 1/3% is applicable;
B is the number of whole days in the period commencing at that
time and ending at the end of the year of income; and
C is the number of whole days in the year of income; and
(b) the special reduction amount in relation to the horse in relation to the
year of income shall be ascertained in accordance with the formula AB, where-
__
C
A is the amount that would, but for this sub-section, be the
special reduction amount in relation to the horse in relation to the year of
income;
B is the number of whole days in the period commencing at that
time and ending at the end of the year of income; and
C is the number of whole days in the year of income.
"(5) Subject to sub-sections (6) and (7), the value of live stock to be
taken into account at the end of the year of income shall be, at the option of
the taxpayer -
(a) in a case where the live stock is an eligible horse of either sex - the
general closing value of the horse in relation to the year of income;
(b) in a case where the live stock is a female eligible horse - the special
closing value of the horse in relation to the year of income;
(c) in any case - the cost price of the live stock; or
(d) in any case - the market selling value of the live stock.
"(6) Where the Commissioner is satisfied that there are circumstances which
justify the adoption by the taxpayer of some other value, the taxpayer may
adopt that other value.
"(7) If the taxpayer does not exercise the option within the time and in the
manner prescribed, the value of the live stock to be taken into account at the
end of the year of income shall be the cost price of the live stock.
"(8) Where the Commissioner is satisfied that -
(a) on or before 20 August 1985 a taxpayer -
(i) owned a horse; or
(ii) entered into a contract or arrangement for the acquisition of
a horse;
(b) after 20 August 1985 and at a time when -
(i) in a case to which sub-paragraph (a) (i) applies - the taxpayer
was the owner of the horse; or
(ii) in a case to which sub-paragraph (a) (ii) applies - the
taxpayer was a party to the contract or arrangement or was,
by reason of the horse having been acquired pursuant to that
contract or arrangement, the owner of the horse,
the taxpayer entered into a scheme pursuant to which -
(iii) the taxpayer became the owner of the horse (otherwise than
pursuant to the contract or arrangement referred to in
subparagraph
(a) (ii)); or
(iv) the taxpayer became the ultimate user of the horse;
(c) but for this sub-section, the horse would be treated for the purposes of
this section as an eligible horse of -
(i) in a case to which sub-paragraph (b) (iii) applies - the
taxpayer; or
(ii) in a case to which sub-paragraph (b) (iv) applies - a person
who was the owner of the horse at any time when the
taxpayer was the ultimate user of the horse; and
(d) in a case to which sub-paragraph (b) (iii) applies - the taxpayer
entered into the scheme for the purpose, or for purposes that included the
purpose, of enabling the horse to be treated as an eligible horse of the
taxpayer for the purposes of this section,
the Commissioner may apply this section for the purposes of ascertaining the
value to be taken into account in relation to the horse in relation to the
taxpayer or a person referred to in sub-paragraph (c) (ii), as the case may
be, as if the taxpayer or the other person, as the case may be, acquired the
horse under a contract entered into before 21 August 1985.
"(9) For the purposes of sub-section (8), a taxpayer shall be taken to be
the ultimate user of a horse if, under a scheme to which the taxpayer is a
party -
(a) at a time when the horse is owned by a person other than the taxpayer,
the horse is, or is to be, used (whether or not by that person), wholly or
principally, in connection with activities of the taxpayer; and
(b) the taxpayer controls, or is able to control, directly or indirectly,
the use of the horse in or in connection with those activities.".
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 24
Full-year deductions and partnership deductions
24. Section 50F of the Principal Act is amended -
(a) by omitting from paragraph (1) (c) ", under Division 10AA (other than
section 124AM)";
(b) by adding at the end of paragraph (1) (d) "or under Division 10AA (other
than section 124AM).";
(c) by omitting sub-section (2) and substituting the following sub-section:
"(2) Where a company has made an election -
(a) in relation to a year of income under section 122D, 122DB,
122DD or 122DF; or
(b) in relation to a year of income in relation to expenditure of
a particular kind under section 122DG, 122J, 124ADH or 124AH,
a deduction allowable to the company -
(c) where paragraph (a) applies - under the section referred to
in that paragraph; or
(d) where paragraph (b) applies - under the section referred to
in that paragraph, or, in the case of an election under section
124ADH, under Division 10AA, in relation to an amount of expenditure of the
kind to which the election relates,
in relation to the year of income shall be deemed not to be a fullyear
deduction in relation to the company in relation to the year of income.";
(d) by omitting paragraphs (4) (a) and (b) and substituting the following
paragraphs:
"(a) any deduction allowable to the partnership under section
78 or under Subdivision BA of Division 3;
(b) subject to sub-section (5), any deduction allowable to the
partnership under Division 10 (other than section 122K) or
under Division 10AA (other than section 124AM)."; and
(e) by omitting sub-section (5) and substituting the following subsection:
"(5) Where a partnership has made an election -
(a) in relation to a year of income under section 122D, 122DB,
122DD or 122DF; or
(b) in relation to a year of income in relation to expenditure of
a particular kind under section 122DG, 122J, 124ADH or 124AH,
a deduction allowable to the partnership -
(c) where paragraph (a) applies - under the section referred to
in that paragraph; or
(d) where paragraph (b) applies - under the section referred to
in that paragraph, or, in the case of an election under section
124ADH, under Division 10AA, in relation to an amount of
expenditure of the kind to which the election relates,
in relation to the year of income shall be deemed not to be a fullyear
partnership deduction in relation to the partnership in relation to the year
of income.".
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 25
Divisible deductions
25. Section 50G of the Principal Act is amended -
(a) by adding at the end of sub-section (1) the following paragraph:
"; (ba) where the company has made an election in relation to
the year of income in relation to expenditure of a particular kind under
section 122DG, 122J, 124ADH or 124AH - any deduction allowable to the company
under that section, or, in the case of an election under section 124ADH, under
Division 10AA, in relation to the year of income in relation to an amount of
expenditure of that kind."; and
(b) by omitting from paragraph (2) (q) "or 122DF" and substituting ", 122DF,
122DG, 122J or 124AH or under Division 10AA".
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 26
Calls paid by certain holding companies
26. Section 77B of the Principal Act is amended -
(a) by omitting sub-section (3); and
(b) by omitting from sub-section (6) "or paragraph 78 (1) (b)".
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 27
Moneys paid on shares for the purposes of certain exploration,
prospecting or mining
27. Section 77D of the Principal Act is amended -
(a) by omitting from paragraph (11) (a) ", under section 77C or under
paragraph 78 (1) (b)" and substituting "of this section, or under
section 77C"; and
(b) by omitting from sub-section (16) "or paragraph 78 (1) (b)" (twice
occurring).
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 28
Gifts, pensions, &c.
28. Section 78 of the Principal Act is amended by omitting paragraph (1) (b)
and sub-section (7).
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 29
Transfer of loss within company group
29. Section 80G of the Principal Act is amended by omitting from subsection
(10) all the words after "other than - " and substituting the following:
"(a) deductions from that assessable income under section 80, 80AAA,
80AA, 124AD, 124ADB, 124ADD, 124ADF or 159GC;
(b) deductions from that assessable income under section 122D, 122DB,
122DD or 122DF where the loss company has not made an election
under that section in relation to the year of income; or
(c) deductions from that assessable income under section 122DG or
122J or Division 10AA in respect of expenditure in relation to
which the loss company has not made an election under section
122DG, 122J, 124ADH or 124AH, as the case requires, in relation
to the year of income,
sub-section (6) applies in relation to so much (if any) of the amount of a
loss that is deemed to have been incurred by the loss company for the purposes
of section 80 as is not allowable as a deduction from that assessable income
under sub-section 80 (2), 80AAA (7) or 80AA (4).".
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 30
Interpretation
30. Section 82KH of the Principal Act is amended by omitting "or" from
paragraph (s) of the definition of "relevant expenditure" in sub-section (1).
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 31
Deduction of allowable (post 19 July 1982) capital expenditure
31. Section 122DG of the Principal Act is amended -
(a) by omitting from sub-section (6) "The" and substituting "Subject to
sub-section (6B), the "; and
(b) by inserting after sub-section (6) the following sub-sections:
"(6A) A taxpayer may elect, in relation to a year of income
specified in the election, that sub-section (6B) shall apply in relation to
all allowable (post 19 July 1982) capital expenditure in relation to the
taxpayer incurred after the end of the year of income that commenced on 1 July
1984.
"(6B) Where -
(a) a taxpayer makes an election under sub-section (6A) in
relation to expenditure of a kind referred to in that
subsection
in relation to a year of income; and
(b) but for this sub-section, sub-section (6) would apply to limit
or reduce the amount of a deduction otherwise allowable
under sub-section (2) in relation to the year of income in
relation to an amount of expenditure of that kind,
sub-section (6) does not apply to limit or reduce the amount of the deduction.
"(6C) Where, apart from sub-section (6B), sub-section (6) would
apply to limit or reduce the amount of a deduction otherwise allowable in
relation to a year of income in relation to an amount of expenditure in
respect of which a taxpayer has not made an election under this section in
relation to the year of income, nothing in sub-section (6B) affects the
application of sub-section (6) in relation to that year of income in relation
to that amount.".
TAXATION LAWS AMENDMENT ACT (No. 3) 1985No. 168, 1985
- SECT 32
Exploration and prospecting expenditure
32. Section 122J of the Principal Act is amended -
(a) by omitting from sub-section (4B) "The" and substituting "Subject to
sub-section (4BB), the "; and
(b) by inserting after sub-section (4B) the following sub-sections:
"(4BA) A taxpayer may elect, in relation to a year of income
specified in the election, being the year of income that commenced on 1 July
1985 or a subsequent year of income, that the limit in sub-section (4B) shall
not apply in relation to actual expenditure in relation to the taxpayer in
relation to the year of income.
"(4BB) Where -
(a) a taxpayer makes an election under sub-section (4BA) in
relation to a year of income; and
(b) but for this sub-section, sub-section (4B) would apply to
limit the amount of the deduction otherwise allowable under
this section in relation to expenditure incurred by the taxpayer
during the year of income,
the following provisions have effect:
(c) sub-section (4B) does not apply in relation to expenditure
(3) Pensions paid by one of the Contracting States, a political subdivision or a
statutory authority of that State or a political subdivision thereof or a
local authority of that State to any individual in respect of services
rendered to that State, political subdivision, statutory authority or local
authority, as the case may be, and pensions paid and other payments made under
the social security legislation of one of the Contracting States may be taxed
in that State. The provisions of this paragraph shall apply only to
individuals who are citizens or nationals of the Contracting State from which
the payments are made.
(4) Any alimony or other maintenance payment arising in one of the Contracting
States and paid to a resident of the other Contracting State shall be taxable only
in the firstmentioned State.
ARTICLE 19
Government Service
------------------
(1) Remuneration, other than a pension or annuity, paid by
one of the Contracting States, a political subdivision or local authority of
that State or a statutory authority of that State or a political subdivision
thereof to any individual in respect of services rendered to that State,
political subdivision, local authority or statutory authority, as the case may
be, shall be taxable only in that State. However, such remuneration shall be
taxable only in the other Contracting State if the services are rendered in
that other State and the recipient is a resident of that other State who:
(a) is a citizen or national of that State; or
(b) did not become a resident of that State solely for the purpose of
performing the services.
(2) The provisions of paragraph (1) shall not apply to remuneration in respect of
services rendered in connection with any trade or business carried on by one of the
Contracting States, a political subdivision or local authority of that State or by
a statutory authority of that State or of a political subdivision thereof. In such
a case, the provisions of Article 15 or Article 16, as the case may be, shall
apply.
ARTICLE 20
Students
--------
Where a student, who is a resident of one of the Contracting States
or who was a resident of that State immediately before visiting the other
Contracting State and who is temporarily present in that other State solely
for the purpose of his education, receives payments from sources outside that
other State for the purpose of his maintenance or education, those payments
shall be exempt from tax in that other State.
ARTICLE 21
Income Not Expressly Mentioned
------------------------------
(1) Items of income of a resident of one of the Contracting States which are not
expressly mentioned in the foregoing Articles of this Agreement shall be taxable
only in that State.
(2) However, any such income derived by a resident of one of the Contracting States
from sources in the other Contracting State may also be taxed in that other State.
(3) The provisions of paragraph (1) shall not apply to income derived by a resident
of one of the Contracting States where that income is effectively connected with a
permanent establishment or fixed base situated in the other Contracting State. In
such a case, the provisions of Article 7 or Article 14, as the case may be, shall
apply.
ARTICLE 22
Source of Income
----------------
(1) Income derived by a resident of Finland which, under any one or more of
Articles 6 to 8, Articles 10 to 19 and Article 21, may be taxed
in Australia shall for the purposes of the income tax law of Australia be
deemed to be income from sources in Australia.
(2) Income derived by a resident of Australia which, under any one or more of
Articles 6 to 8, Articles 10 to 19 and Article 21, may be taxed in Finland shall
for the purposes of paragraph (1) of Article 23 and of the income tax law of
Australia be deemed to be income from sources in Finland.
ARTICLE 23
Methods of Elimination of Double Taxation
-----------------------------------------
(1) Subject to the provisions of the law of Australia from time to time in force
which relate to the allowance of a credit against Australian tax of tax paid in a
country outside Australia (which shall not affect the general principle hereof),
Finnish tax, other than that paid by reason of the provisions of sub-paragraph (c)
of paragraph (2) of this Article, paid under the law of Finland and in accordance
with this Agreement, whether directly or by deduction, in respect of income derived
by a person who is a resident of Australia from sources in Finland (not including,
in the case of a dividend, tax paid in respect of the profits out of which the
dividend is paid) shall be allowed as a credit against Australian tax payable in
respect of that income.
(2) In the case of Finland double taxation shall be eliminated as follows:
(a) where a resident of Finland derives income which, in accordance with
the provisions of this Agreement, may be taxed in Australia, Finland
shall, subject to the provisions of sub-paragraph (b), allow as a
deduction from the tax on income of that person, an amount equal to
the tax on income paid in Australia. Such deduction shall not,
however, exceed that part of the tax on income, as computed before the
deduction is given, which is attributable to the income which may be
taxed in Australia;
(b) dividends paid by a company which is a resident of Australia to a
company which is a resident of Finland shall be exempt from Finnish
tax to the extent that the dividends would have been exempt from tax
under Finnish taxation law if both companies had been residents of
Finland;
(c) notwithstanding any other provision of this Agreement, an individual
who is a resident of Australia and, under Finnish taxation law with
respect to Finnish tax, also is regarded as a resident of Finland may
be taxed in Finland. However, Finland shall allow any Australian tax
paid on the income as a deduction from Finnish tax in accordance with
the provisions of sub-paragraph (a). The provisions of this
sub-paragraph shall apply only to nationals of Finland;
(d) where in accordance with any provision of this Agreement any income
derived by a resident of Finland is exempt from tax in Finland,
Finland may nevertheless, in calculating the amount of tax on any
other income of such resident, take into account the exempted income.
ARTICLE 24
Mutual Agreement Procedure
--------------------------
(1) Where a resident of one of the Contracting States considers that the actions of
the competent authority of one or both of the Contracting States result or will
result for him in taxation not in accordance with this Agreement, he may,
notwithstanding the remedies provided by the national laws of those States, present
his case to the competent authority of the Contracting State of which he is a
resident. The case must be presented within three years from the first notification
of the action giving rise to taxation not in accordance with this Agreement.
(2) The competent authority shall endeavour, if the claim appears to it to be
justified and if it is not itself able to arrive at an appropriate solution, to
resolve the case by mutual agreement with the competent authority of the other
Contracting State, with a view to the avoidance of taxation not in accordance with
this Agreement. The solution so reached shall be implemented notwithstanding any
time limits in the national laws of the Contracting States.
(3) The competent authorities of the Contracting States shall jointly endeavour to
resolve by mutual agreement any difficulties or doubts arising as to the
interpretation or application of this Agreement.
(4) The competent authorities of the Contracting States may communicate with each
other directly for the purpose of giving effect to the provisions of this
Agreement.
ARTICLE 25
Exchange of Information
-----------------------
(1) The competent authorities of the Contracting States shall exchange such
information as is necessary for carrying out of this Agreement or of the domestic
laws of the Contracting States concerning the taxes to which this Agreement applies
insofar as the taxation thereunder is not contrary to this Agreement. The exchange
of information is not restricted by Article 1. Any information received by the
competent authority of a Contracting State shall be treated as secret in the same
manner as information obtained under the domestic laws of that State and shall be
disclosed only to persons or authorities (including courts and administrative
bodies) concerned with the assessment or collection of, the enforcement or
prosecution in respect of, or the determination of appeals in relation to, the
texes to which this Agreement applies and shall be used only for such purposes.
(2) In no case shall the provisions of paragraph (1) be construed so as to impose
on a Contracting State the obligation:
(a) to carry out administrative measures at variance with the laws or the
administrative practice of that or of the other Contracting State;
(b) to supply information which is not obtainable under the laws or in the normal
course of the administration of that or of the other Contracting State;
(c) to supply information which would disclose any trade, business, industrial,
commercial or professional secret or trade process, or to supply information
the disclosure of which would be contrary to public policy (ordre public).
ARTICLE 26
Diplomatic and Consular Officials
---------------------------------
Nothing in this Agreement shall affect the fiscal privileges of diplomatic or
consular officials under the general rules of international law or under the
provisions of special international agreements.
ARTICLE 27
Entry into Force
----------------
This Agreement shall enter into force on the thirty-first day after the date on
which the Contracting States exchange notes through the diplomatic channel
notifying each other that the last of such things has been done as is necessary to
give this Agreement the force of law in Australia and in Finland, as the case may
be, and thereupon this Agreement shall have effect:
(a) in Australia:
in respect of withholding tax on income that is derived by a
non-resident, in relation to income derived on or after 1 January in
the calendar year next following that in which the Agreement enters
into force;
in respect of other Australian tax, in relation to income of any year
of income beginning on or after 1 July in the calendar year next
following that in which the Agreement enters into force;
(b) in Finland:
in respect of taxes withheld at source, to income derived on or after 1
January in the calendar year next following the year in which the
Agreement enters into force;
in respect of other Finnish tax on income, to taxes chargeable for any
taxable year beginning on or after 1 January in the calendar year next
following the year in which the Agreement enters into force.
ARTICLE 28
Termination
-----------
This Agreement shall continue in effect indefinitely, but either of the
Contracting States may, on or before 30 June in any calendar year beginning after
the expiration of 5 years from the date of its entry into force, give to the other
Contracting State through the diplomatic channel written notice of termination and,
in that event, this Agreement shall cease to be effective:
(a) in Australia:
in respect of withholding tax on income that is derived by a
non-resident, in relation to income derived on or after 1 January in
the calendar year next following that in which the notice of
termination is given;
in respect of other Australian tax, in relation to income of any year
of income beginning on or after 1 July in the calendar year next
following that in which the notice of termination is given;
(b) in Finland:
in respect of taxes withheld at source, to income derived on or after 1
January in the calendar year next following the year in which the
notice is given;
in respect of other Finnish tax on income, to taxes chargeable for any
taxable year beginning on or after 1 January in the calendar year next
following the year in which the notice is given.
IN WITNESS WHEREOF the undersigned, duly authorised thereto, have signed
this Agreement.
DONE at Canberra this twelfth day of September One thousand nine hundred and
eighty-four in duplicate in the English and Finnish languages, both texts being
equally authentic.
JERMU LAINE
FOR THE GOVERNMENT
OF FINLAND
PROTOCOL
--------
THE GOVERNMENT OF AUSTRALIA AND
THE GOVERNMENT OF FINLAND
HAVE AGREED AT THE SIGNING today of the Agreement between the two
States for the avoidance of double taxation and the prevention of fiscal evasion
with respect to taxes on income upon the following provisions which shall form an
integral part of the said Agreement.
If, in an agreement for the avoidance of double taxation that is made after 12
September 1984 between Australia and a third State, being a State that is a
member of the Organisation for Economic Co-operation and Development
(a) Australia agrees to limit the rate of its taxation:
on dividends paid by a company which is a resident of Australia for the
purposes of Australian tax to which a company that is a resident of the
third State is entitled, to a rate less than that provided in paragraph
(2) of Article 10; or
on interest arising in Australia to which a resident of the third State
is entitled, to a rate less than that provided in paragraph (2) of
Article 11; or
(iii) on royalties arising in Australia to which a resident of the third
State is entitled, to a rate less than that provided in paragraph (2)
of Article 12; or
(b) there is included a Non-Discrimination Article,
the Government of Australia shall immediately inform the Government of Finland in
writing through the diplomatic channel and shall enter into negotiations with the
Government of Finland, in the case of paragraph (a), to review the provisions
specified in that paragraph in order to provide the same treatment for Finland as
that provided for the third State and, in the case of paragraph (b), in order to
provide the same treatment for Finland as that provided for the third State.
IN WITNESS WHEREOF the undersigned, duly authorised thereto, have signed
this Protocol.
DONE at Canberra this twelfth day of September One thousand nine hundred and
eighty-four in duplicate in the English and Finnish languages, both texts being
equally authentic.
JERMU LAINE
FOR THE GOVERNMENT
OF FINLAND".
The
Act No. 168, 1985 amended as indicated in the Tables below.
Act |
Number and year |
Date of Assent |
Date of commencement |
Application, saving or transitional provisions |
168, 1985 |
16 Dec 1985 |
|||
75, 2010 |
28 June 2010 |
Schedule 6 (item 55): 29 June 2010 |
— |
am. = amended rep. = repealed rs. = repealed and substituted | |
Provision affected | How affected |
S. 43........................................ | rep. No. 75, 2010 |
0
0
0