Taxation Laws Amendment Act (No. 3) 1991 (Cth)
This compilation was prepared on 8 October 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 1 - PRELIMINARY
Section
Short title [
Commencement [
PART 2 - AMENDMENT OF THE CHILD SUPPORT (REGISTRATION AND
COLLECTION) ACT 1988
Principal Act
Duty of employer to make deductions from salary or wages
PART 3 - AMENDMENT OF THE FRINGE BENEFITS TAX ASSESSMENT ACT 1986
Principal Act
Living-away-from-home allowance benefits
Taxable value of living-away-from-home allowance fringe benefits
Amendment of assessments
PART 4 - AMENDMENT OF THE INCOME TAX ASSESSMENT ACT 1936
Principal Act
Exemption of pay and allowances of members of Defence Force serving
in operational areas
Exemption of certain pensions
Exemption of certain income derived in respect of approved overseas
projects
Exemption of income earned in overseas employment
Exemption of amounts paid out of attributed income
Interpretation
Age pension
Repeal of section 24ABD and substitution of new section:
Disability support pension
Insertion of new sections:
Pharmaceutical allowance
Advance pharmaceutical supplement
Disaster relief payment
Carer pension
Sole parent pension
Repeal of section 24ABJ
Repeal of sections 24ABL and 24ABM and substitution of new sections:
Job search allowance
Newstart allowance
Repeal of section 24ABO and substitution of new section:
Sickness allowance
Special needs age pension
Repeal of section 24ABR and substitution of new section:
Special needs disability support pension
Special needs wife pension
Age service pension
Invalidity service pension
Partner service pension
Carer service pension
Insertion of new section:
Investment-related lottery winnings to be included in
assessable income
Divisible deductions
Tax-related expenses
Deductions for petroleum resource rent tax payments
Expenditure on research and development activities
Recouped expenditure on research and development activities
Gifts, pensions etc.
Insertion of new section:
Register of Cultural Organisations
Insertion of new Subdivision:
Objects of Subdivision
Interpretation
Deduction of allowable environmental impact expenditure
Allowable environmental impact expenditure
Eligible environmental impact activities
No deduction where expenditure is recouped
Transactions between persons not at arm's length
Property used for eligible environmental impact activities
taken to be used for the purpose of producing assessable
income
Insertion of new Subdivision heading:
Expenses of general management
Insertion of new Subdivision:
Interpretation
Deduction for protection levy
Deduction for protection levy relates to non-fund
assessable income
Assessable income to include winding-up advances and final
winding-up payments
Winding-up advances and final winding-up payments to be
non-fund assessable income
Tax treatment of transfer of equity in Fund
Grant exempt from income tax
Amendment of assessments - remission or refund of protection
levy
Assessability provisions not to affect meaning of "fund
assessable income" when used in Subdivision A
This Subdivision to be primary code for tax treatment of
matters relating to protection levy
Exploration and prospecting expenditure
Deduction of expenditure on rehabilitation-related activities
Application of credits
Interpretation
Insertion of new section:
No credits of a registered organization
Repeal of section 160APM
Subsequent payments of tax before determination of taxable income
Insertion of new sections:
Final payment of tax
Payments of tax made after the final payment of tax
Repeal of sections 160APN and 160APNA
Receipt of franked dividends
Receipt of franked dividends through trusts and partnerships
Insertion of new sections:
Payment of excess offset
Payment of excess foreign tax credit
Repeal of sections 160APR, 160APS and 160APT
Repeal of sections 160APVA and 160APVB and substitution of new
sections:
160APVBA. Life assurance companies - credit reducing section
160APYBA debit
160APVBB. Life assurance companies - credit reducing section
160APYBB debit
Life assurance companies - credits reducing section 160APYB debit
Repeal of section 160APVE and substitution of new sections:
Life assurance companies - credit reducing subsection
160AQCD(1) debit
Life assurance companies - credit reducing subsection
160AQCE(1) debit
Insertion of new section:
No debits of a registered organization
Repeal of sections 160APY, 160APYA and 160APYAA
Insertion of new sections:
160APYBA. Refunds of company tax
160APYBB. Foreign tax credits - actual payment or application
against non-franking credit liabilities
Repeal of sections 160AQ and 160AQA
Life assurance companies - debits reducing section 160APMA credit
Life assurance companies - debits reducing section 160APMB credit
Repeal of sections 160AQCF, 160AQCG and 160AQCH and substitution
of new sections:
Life assurance companies - debit reducing section 160APMC
credit
Life assurance companies - debit reducing section 160APMD
credit
Life assurance companies - debit reducing section 160APQB
credit
Life assurance companies - debit reducing subsection
160APVC(1) credit
Determination of estimated debit
Insertion of new section:
Deemed disposal and re-acquisition of valueless
shares in companies in liquidation
Cost base, indexed cost base and reduced cost base
Explanation of terms: investment, investor, investment body
Refund to reduce initial payment of tax
Interpretation
Repeal of section 221B
Insertion of new section:
No obligation to make deductions if inconsistent with the
Constitution
Interpretation
Certain employees to be subject to provisional tax
Uplifted provisional tax amount
Provisional tax on estimated income
Insertion of new Subdivision heading:
Interpretation
Insertion of new Subdivision heading:
Insertion of new Subdivision:
Interpretation
Undeducted TFN amount
Liability for TFN withholding tax
Amount of TFN withholding tax
By whom TFN withholding tax is payable
Untaxable Commonwealth entity authorised to pay TFN
withholding tax for investor
Investment body may recover TFN withholding tax from
investor
When TFN withholding tax payable
Extended operation of certain provisions of Subdivision B
Remission of TFN withholding tax - TFN exemption
declarations not given
Overpayments of TFN withholding tax
221YHZZA. TFN withholding tax not deductible to investors
221YHZZB. Other laws do not exempt a person from TFN withholding tax
221YHZZC. Subdivision to bind Crown
Prescribed persons
Keeping of records
Attribution account entity
Attribution credit
Exempting profits
Further amendments relating to social security and veterans'
payments
Amendments consequential upon the repeal of section 221B of the
Principal Act
Application of amendments - general
Application of amendments - dividend imputation system
Application of amendments - section 221A of the Principal Act
Transitional - section 160AFD of the Principal Act
Transitional - old system company tax instalments
Transitional - franking debits and credits for life assurance
companies
Transitional - estimated franking debits
Transitional - franking debits for foreign tax credits
Transitional - cancellation of franking surplus for registered
organizations
Transitional - section 160APMC of the amended Act
Transitional - section 160APMD of the amended Act
100. Transitional - section 160APQA of the amended Act
101. Transitional - section 160APQB of the amended Act
102. Transitional - section 221A of the Principal Act
PART 5 - AMENDMENT OF THE INCOME TAX RATES ACT 1986
104. Principal Act
105. Interpretation
PART 6 - AMENDMENT OF THE OCCUPATIONAL SUPERANNUATION STANDARDS
ACT 1987
106. Principal Act
107. Pre-1 July funding credits and debits
108. Interpretation
109. Deemed commutation of annuities and pensions
PART 7 - AMENDMENT OF THE TAXATION ADMINISTRATION ACT 1953
110. Principal Act
111. Conducting affairs so as to avoid tax file number requirements
112. Repeal of Parts IVAB and IVB and substitution of new Part:
PART IVC - TAXATION OBJECTIONS, REVIEWS AND APPEALS
Part applies to taxation objections
Division 2 - Interpretive
Division 3 - Taxation objections
Division 4 - AAT review
Division 5 - Federal Court appeals
General interpretive provisions
Taxation decisions covered by single notice to be treated
as single decision
Ineligible income tax remission decisions
Ineligible sales tax remission decisions
How taxation objections are to be made
Limited objection rights in the case of certain amended
taxation decisions
When taxation objections are to be made
Commissioner to consider applications for extension of time
Commissioner to decide taxation objections
Person may require Commissioner to make an objection
decision
Person may seek review of, or appeal against, Commissioner's
decision
Modified AAT Act to apply
Sections 27, 28, 41 and 44A of the AAT Act not to apply to
certain decisions
Modification of section 29 of the AAT Act
Modification of section 30 of the AAT Act
Hearings generally not to be in public in spite of section 35
of the AAT Act
Modification of section 37 of the AAT Act
Modification of section 38 of the AAT Act
Modification of section 41 of the AAT Act
Modification of section 43 of the AAT Act
Grounds of objection and burden of proof
Implementation of AAT decisions
Pending review not to affect implementation of taxation
decisions
Time limit for appeals
Grounds of objection and burden of proof
Order of Federal Court on appealable objection decision
Implementation of Federal Court order in respect of
appealable objection decision
Pending appeal not to affect implementation of taxation
decisions
Transfer of certain proceedings to Family Court
113. Consequential amendments - new objection, review and appeal procedures
114. Application of amendments - new objection, review and appeal procedures
115. Savings
116. Transitional - new review/appeal procedures apply to post-commencement
decisions disallowing objections against pre-commencement assessments or
against other pre-commencement decisions
117. Transitional - section 159F of
the
PART 8 - AMENDMENT OF THE TAXATION LAWS AMENDMENT (FOREIGN INCOME)
ACT 1990
118. Principal Act
119. Transitional - section 160AFD of the amended Act
120. Application of amendment
PART 9 - AMENDMENT OF THE WOOL TAX (ADMINISTRATION) ACT 1964
121. Principal Act
122. Interpretation
PART 10 - AMEMDMENTS RELATING TO GARNISHEE NOTICES
123. Amendments relating to garnishee notices
124. Application of amendments
PART 11 - DEFERRAL OF INITIAL PAYMENTS OF COMPANY TAX FOR 1990-91
125. Interpretation
126. 7-week deferral of initial payments of tax for 1990-91
127. Deferred initial payments of tax for 1990-91 to be offset by prior
payments of franking deficit tax
128. Section 127 to be ignored in calculating certain company tax thresholds
129. Eliminated or reduced initial payments of tax to be treated as fully paid
for credit/refund purposes
130. Franking credits and debits - effect of elimination or reduction of
initial payment of tax
131. Reduction of liability for franking deficit tax
132. No refunds of amounts of franking deficit tax overpaid because of
section 131
133. Reduction of liability for franking deficit tax does not give rise to a
franking credit under section 160APS of the Assessment Act
SCHEDULE 1
ADDITIONAL AMENDMENTS OF THE INCOME TAX ASSESSMENT ACT 1936 RELATING TO SOCIAL
SECURITY PAYMENTS AND VETERANS' PAYMENTS AFTER 30 JUNE 1991
SCHEDULE 2
ADDITIONAL AMENDMENTS OF THE INCOME TAX ASSESSMENT ACT 1936 RELATING TO SOCIAL
SECURITY PAYMENTS AFTER 11 NOVEMBER 1991
SCHEDULE 3
AMENDMENTS CONSEQUENTIAL UPON THE REPEAL OF SECTION 221B OF THE INCOME TAX
ASSESSMENT ACT 1936
SCHEDULE 4
AMENDMENTS OF CERTAIN ACTS IN RELATION TO TAXATION OBJECTIONS, REVIEWS AND
APPEALS
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991 - LONG TITLE
An Act to amend the law relating to taxation
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 1
Short title [
1. This Act may be cited as the Taxation Laws Amendment Act (No. 3) 1991.
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 2
Commencement [
2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Section 11 and subsection 89 (2) are taken to have commenced on 22
January 1991.
(3) Sections 40 and 42 commence, or are taken to have commenced, as the case
requires, on the commencement of the Life Insurance Policy Holders' Protection
Levies Collection Act 1991.
(4) Sections 45 to 66 (inclusive) and sections 90 and 93 to 101 (inclusive)
(other than sections 47, 52, 53 and 59, subsection 90 (2) and section 97) are
taken to have commenced on 21 August 1991.
(5) Sections 47, 52, 53 and 59, subsection 90 (2) and section 97 are taken
to have commenced at 3 p.m., by standard time in the Australian Capital
Territory, on 20 August 1991.
(6) Subsection 82 (2) commences on the day after the day on which this Act
receives the Royal Assent.
(7) Subject to subsection (8), section 107 commences on a day to be fixed by
Proclamation.
(8) If section 107 does not commence under subsection (7) within the period
of 6 months beginning on the day on which this Act receives the Royal Assent,
it commences on the first day after the end of that period.
(9) Part 9 is taken to have commenced on 1 July 1991.
(10) Subject to subsection (11), sections 112 to 117 (inclusive) commence on
a day to be fixed by Proclamation.
(11) If sections 112 to 117 (inclusive) do not commence under subsection
(10) within the period of 6 months beginning on the day on which this Act
receives the Royal Assent, they commence on the first day after the end of
that period.
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 3
Principal Act
3. In this Part, "Principal Act" means the Child Support (Registration and
Collection) Act 1988.*1*
*1* No. 3, 1988, as amended. For previous amendments, see No. 132, 1988; and
Nos. 124 and 163, 1989.
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 4
Duty of employer to make deductions from salary or wages
4. Section 46 of the Principal Act is amended:
(a) by omitting from subsection (1) "subsection (3)" and substituting "this
section";
(b) by adding at the end the following subsection:
"(9) Subsection (1) has, and is taken to have had, no effect to the extent
(if any) that it is inconsistent with paragraph 72 (iii) or 103 (iii) of the
Constitution.".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 5
Principal Act
5. In this Part, "Principal Act" means the Fringe Benefits Tax Assessment
Act 1986.*2*
*2* No. 39, 1986, as amended. For previous amendments, see Nos. 48 and 112,
1986; Nos. 23 and 145, 1987; No. 139, 1987 (as amended by Nos. 11 and 78,
1988); Nos. 6, 78, 95, 97 and 153, 1988; Nos. 2, 11, 97 and 107, 1989; Nos.
58, 60 and 135, 1990; and Nos. 48 and 100, 1991.
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 6
Living-away-from-home allowance benefits
6. Section 30 of the Principal Act is amended by adding at the end the
following subsection:
"(2) If:
at a particular time after 10 October 1991, in respect of the
employment of an employee of an employer, the employer pays an allowance to
the employee; and
the employee's usual place of employment is on an oil rig, or other
petroleum or gas installation, at sea; and
the employee is provided with residential accommodation at or near that
usual place of employment; and
the allowance is expressed to be paid as a living-away-from-home
allowance; and
no part of the allowance is covered by subsection (1); and
it would be concluded that the whole or a part of the allowance is in
the nature of compensation to the employee for disadvantages to which the
employee is subject, during a period, by reason that the employee is required
to live away from his or her usual place of residence in order to perform the
duties of that employment;
the payment of the whole of the allowance constitutes a benefit provided by
the employer to the employee at that time.".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 7
Taxable value of living-away-from-home allowance fringe benefits
7. Section 31 of the Principal Act is amended by omitting all the words
after "year of tax" and substituting the following word and paragraphs:
"is:
if the fringe benefit is covered by subsection 30 (1) - the amount of
the recipients allowance reduced by:
any exempt accommodation component; and
any exempt food component; or
if the fringe benefit is covered by subsection 30 (2) - the amount of
the recipients allowance.".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 8
Amendment of assessments
8. Section 74 of the Principal Act does not prevent the amendment of an
assessment made before the commencement of this section for the purpose of
giving effect to the amendments made by this Part.
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 9
Principal Act
9. In this Part, "Principal Act" means the Income Tax Assessment Act
1936.*3*
*3* 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; 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, 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, 42, 47, 63, 76, 115, 124, 165 and 174, 1984;
No. 123, 1984 (as amended by No. 65, 1985); Nos. 47, 49, 104, 123, 168 and
174, 1985; No. 173, 1985 (as amended by No. 49, 1986); Nos. 41, 46, 48, 51,
109, 112 and 154, 1986; No. 49, 1986 (as amended by No. 141, 1987); No. 52,
1986 (as amended by No. 141, 1987); No. 90, 1986 (as amended by No. 141,
1987); Nos. 23, 58, 61, 120, 145 and 163, 1987; No. 62, 1987 (as amended by
No. 108, 1987); No. 108, 1987 (as amended by No. 138, 1987); No. 138, 1987 (as
amended by No. 11, 1988); No. 139, 1987 (as amended by Nos. 11 and 78, 1988);
Nos. 8, 11, 59, 75, 78, 80, 87, 95, 97, 127 and 153, 1988; Nos. 2, 11, 56, 70,
73, 105, 107, 129, 163 and 167, 1989; No. 97, 1989 (as amended by No. 105,
1989); Nos. 20, 35, 45, 57, 58, 60, 61, 87, 119 and 135, 1990; and Nos. 4, 5,
6, 48, 55 and 100, 1991.
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 10
Exemption of pay and allowances of members of Defence Force serving in
operational areas
10. Section 23AC of the Principal Act is amended:
by omitting from subsection (1), paragraph (2) (a) and subsections (3)
and (6) "the operational area" (wherever occurring) and substituting "an
operational area";
by inserting in paragraphs (2) (b) and (c) "the operational area is
covered by subsection (6) and" after "if";
by inserting after paragraph (2) (c) the following paragraph:
"(ca) if the operational area is covered by subsection
(6A) - there is in force a certificate in writing issued by the Chief of the
Defence Force to the effect that the allotment concerned was in response to
Iraq's invasion of Kuwait;";
by inserting in paragraph (3) (b) "at the earlier of the end of 9 June
1991 and" after "ended";
by adding at the end of subsections (4) and (5) "or (ca)";
by inserting after subsection (6) the following subsection:
"(6A) For the purposes of this section, the area comprising Iraq and Kuwait
is taken to have become an operational area on 23 February 1991.";
by inserting "or (6A)" after "(6)" in the definition of "operational
area" in subsection (7).
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 11
Exemption of certain pensions
11. Section 23AD of the Principal Act is amended:
(a) by omitting "woman" from paragraph (c) of the definition of "prescribed
person" in subsection (1) and substituting "person";
(b) by omitting paragraph (b) of the definition of "wife's pension" in
subsection (1) and substituting the following paragraph:
a spouse's service pension payable under Part III of
the Veterans' Entitlements Act 1986 to the spouse of a veteran (within the
meaning of that Part), being a male veteran who has turned 65 or a female
veteran who has turned 60;".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 12
Exemption of certain income derived in respect of approved overseas projects
12. Section 23AF of the Principal Act is amended by omitting from paragraph
(15) (b) "the whole or a part of".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 13
Exemption of income earned in overseas employment
13. Section 23AG of the Principal Act is amended by omitting from paragraph
(6F) (b) "the whole or a part of ".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 14
Exemption of amounts paid out of attributed income
14. Section 23AI of the Principal Act is amended by adding at the end of the
definition of "trust" in subsection (3) ", but does not include a trust
covered by subsection 371 (7)".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 15
Interpretation
15. Section 24A of the Principal Act is amended by inserting the following
definitions:
" 'bereavement Subdivision' means:
(a) any of the following Subdivisions of the Social Security Act 1991:
Subdivision A of Division 9 of Part 2.2;
Subdivision A of Division 10 of Part 2.3;
(iii) Subdivision B of Division 9 of Part 2.5;
Subdivision B of Division 9 of Part 2.6;
Subdivision A of Division 9 of Part 2.9;
Subdivision A of Division 9 of Part 2.10;
(vii) Subdivision A of Division 10 of Part 2.16; or
(b) any of the following Subdivisions of the Veterans' Entitlements Act
1986:
Subdivision F of Division 3 of Part III;
Subdivision F of Division 4 of Part III;
(iii) Subdivision G of Division 6 of Part III;
(Subdivisions providing for bereavement payments);
'exclusion provision' means:
paragraph 82 (1) (e), 135 (1) (e), 146F (1) (e), 237 (1) (e), 303 (1)
(e), 449 (1) (e), 501 (1) (e) or 822 (1) (e) of the Social Security Act 1991;
or
paragraph 36P (1) (e), 37P (1) (e) or 39R (1) (e) of the Veterans'
Entitlements Act 1986;
(paragraphs excluding payments to a person under bereavement Subdivision if
person's pension or allowance after partner's death is not less than those
payments);".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 16
Age pension
16. Section 24ABC of the Principal Act is amended by adding at the end the
following subsection:
"(5) If:
(a) a taxpayer's partner died; and
(b) the taxpayer would have been qualified for payments under a bereavement
Subdivision but for an exclusion provision (taxpayer's pension or allowance
increased on partner's death to such an extent that no bereavement payments);
and
(c) the taxpayer derives payments of age pension under Part 2.2 of the
Social Security Act 1991 on one or more of the 7 pension paydays after the
death;
then those payments on that payday or each of those paydays are not treated
under subsection (1) but as follows:
(d) the supplementary amounts are exempt;
(e) so much of the balance as exceeds what would have been the balance
(payments less supplementary amounts) if the partner had not died is exempt;
(f) the rest of the balance is not exempt.".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 17
17. Section 24ABD of the Principal Act is repealed and the following section
is substituted:
Disability support pension
"24ABD. (1) Payments of disability support pension under Part 2.3 of the
Social Security Act 1991 are exempt.
"(2) Subsection (1) has effect subject to subsection (4) (which deals with
taxpayers who derive bereavement lump sum payments under section 146H of the
Social Security Act 1991).
"(3) Payments under sections 146G, 146K, 146P and 146Q of the Social
Security Act 1991 (which deal with bereavement payments) are exempt.
"(4) If a taxpayer derives a payment under section 146H of the Social
Security Act 1991:
so much of the sum of that payment and other payments under the Social
Security Act 1991 derived by the taxpayer on pension paydays that occurred
during the bereavement lump sum period as does not exceed the tax-free amount
calculated using the exempt bereavement payment calculator A in section 24ABZB
is exempt; and
the balance of the sum is not exempt.".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 18
18. After section 24ABD of the Principal Act the following sections are
inserted:
Pharmaceutical allowance
"24ABDA. Payments of pharmaceutical allowance under Part 2.22 of the Social
Security Act 1991 are exempt.
Advance pharmaceutical supplement
"24ABDB. Payments of advance pharmaceutical supplement under Part 2.23 of
the Social Security Act 1991 are exempt.
Disaster relief payment
"24ABDC. Payments of disaster relief payment under Part 2.24 of the Social
Security Act 1991 are exempt.".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 19
Carer pension
19. Section 24ABF of the Principal Act is amended:
(a) by omitting from subsection (1) "pensioner" (wherever occurring) and
substituting "person";
(b) by adding at the end the following subsections:
"(5) If:
a taxpayer's partner died; and
the taxpayer would have been qualified for payments under a bereavement
Subdivision but for an exclusion provision (taxpayer's pension or allowance
increased on partner's death to such an extent that no bereavement payments);
and
the taxpayer derives payments of carer pension under Part 2.5 of the
Social Security Act 1991 on one or more of the 7 pension paydays after the
death;
then those payments on that payday or each of those paydays are not treated
under subsection (1) but as follows:
the supplementary amounts are exempt;
so much of the balance as exceeds what would have been the balance
(payments less supplementary amounts) if the partner had not died is exempt;
the rest of the balance is not exempt.
"(6) Subsection (5) does not apply to a payday on which item 3 or 4 of
subsection (1) applies to the taxpayer (payments exempt).".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 20
Sole parent pension
20. Section 24ABG of the Principal Act is amended by adding at the end the
following subsection:
"(5) If:
(a) a taxpayer's partner died; and
(b) the taxpayer would have been qualified for payments under a bereavement
Subdivision but for an exclusion provision (taxpayer's pension or allowance
increased on partner's death to such an extent that no bereavement payments);
and
(c) the taxpayer derives payments of sole parent pension under Part 2.6 of
the Social Security Act 1991 on one or more of the 7 pension paydays after the
death;
then those payments on that payday or each of those paydays are not treated
under subsection (1) but as follows:
(d) the supplementary amounts are exempt;
(e) so much of the balance as exceeds what would have been the balance
(payments less supplementary amounts) if the partner had not died is exempt;
(f) the rest of the balance is not exempt.".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 21
Repeal of section 24ABJ
21. Section 24ABJ of the Principal Act is repealed.
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 22
22. Sections 24ABL and 24ABM of the Principal Act are repealed and the
following sections are substituted:
Job search allowance
"24ABL. (1) The treatment of payments of job search allowance under Part
2.11 of the Social Security Act 1991 is as follows:
the supplementary amount is exempt;
the balance is not exempt.
"(2) Payments under sections 592 and 592A of the Social Security Act 1991
(which deals with bereavement payments) are exempt.
Newstart allowance
"24ABM. (1) The treatment of payments of newstart allowance under Part 2.12
of the Social Security Act 1991 is as follows:
the supplementary amount is exempt;
the balance is not exempt.
"(2) Payments under section 660O and 660P of the Social Security Act 1991
(which deals with bereavement payments) are exempt.".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 23
23. Section 24ABO of the Principal Act is repealed and the following section
is substituted:
Sickness allowance
"24ABO. (1) The treatment of payments of sickness allowance under Part 2.14
of the Social Security Act 1991 is as follows:
the supplementary amount is exempt;
the balance is not exempt.
"(2) Payments under section 728S and 728T of the Social Security Act 1991
(which deals with bereavement payments) are exempt.".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 24
Special needs age pension
24. Section 24ABQ of the Principal Act is amended by adding at the end the
following subsection:
"(3) If:
(a) a taxpayer's partner died; and
(b) the taxpayer would have been qualified for payments under a bereavement
Subdivision but for an exclusion provision (taxpayer's pension or allowance
increased on partner's death to such an extent that no bereavement payments);
and
(c) the taxpayer derives payments of special needs age pension under section
772 of the Social Security Act 1991 on one or more of the 7 pension paydays
after the death;
then those payments on that payday or each of those paydays are not treated
under subsection (1) but as follows:
(d) the supplementary amounts are exempt;
(e) so much of the balance as exceeds what would have been the balance
(payments less supplementary amounts) if the partner had not died is exempt;
(f) the rest of the balance is not exempt.".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 25
25. Section 24ABR of the Principal Act is repealed and the following section
is substituted:
Special needs disability support pension
"24ABR. (1) Payments of special needs disability support pension under
section 773 of the Social Security Act 1991 are exempt.
"(2) Subsection (1) has effect subject to section 24ABV (which deals with
bereavement payments).".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 26
Special needs wife pension
26. Section 24ABS of the Principal Act is amended by adding at the end the
following subsections:
"(3) If:
(a) a taxpayer's partner died; and
(b) the taxpayer would have been qualified for payments under a bereavement
Subdivision but for an exclusion provision (taxpayer's pension or allowance
increased on partner's death to such an extent that no bereavement payments);
and
(c) the taxpayer derives payments of special needs wife pension under
section 774 of the Social Security Act 1991 on one or more of the 7 pension
paydays after the death;
then those payments on that payday or each of those paydays are not treated
under that subsection but as follows:
(d) the supplementary amounts are exempt;
(e) so much of the balance as exceeds what would have been the balance
(payments less supplementary amounts) if the partner had not died is exempt;
(f) the rest of the balance is not exempt.
"(4) Subsection (3) does not apply to a payday on which item 4 of subsection
(1) applies to the taxpayer (payments exempt).".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 27
Age service pension
27. Section 24ACE of the Principal Act is amended by adding at the end the
following subsection:
"(5) If:
(a) a taxpayer's partner died; and
(b) the taxpayer would have been qualified for payments under a bereavement
Subdivision but for an exclusion provision (taxpayer's pension or allowance
increased on partner's death to such an extent that no bereavement payments);
and
(c) the taxpayer derives payments of age service pension under Division 3 of
Part III of the Veterans' Entitlements Act 1986 on one or more of the 7
pension paydays after the death;
then those payments on that day or each of those days are not treated under
subsection (1) but as follows:
(d) the supplementary amounts are exempt;
(e) so much of the balance as exceeds what would have been the balance
(payments less supplementary amounts) if the partner had not died is exempt;
(f) the rest of the balance is not exempt.".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 28
Invalidity service pension
28. Section 24ACF of the Principal Act is amended by adding at the end the
following subsections:
"(5) If:
(a) a taxpayer's partner died; and
(b) the taxpayer would have been qualified for payments under a bereavement
Subdivision but for an exclusion provision (taxpayer's pension or allowance
increased on partner's death to such an extent that no bereavement payments);
and
(c) the taxpayer derives payments of invalidity service pension under
Division 4 of Part III of the Veterans' Entitlements Act 1986 on one or more
of the 7 pension paydays after the death; then those payments on that payday
or each of those paydays are not treated under subsection (1) but as follows:
(d) the supplementary amounts are exempt;
(e) so much of the balance as exceeds what would have been the balance
(payments less supplementary amounts) if the partner had not died is exempt;
(f) the rest of the balance is not exempt.
"(6) Subsection (5) does not apply to a payday on which item 2 of subsection
(1) applies to the taxpayer (payments exempt).".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 29
Partner service pension
29. Section 24ACG of the Principal Act is amended by omitting from
subsection (1) "wife service pension" and substituting "partner service
pension".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 30
Carer service pension
30. Section 24ach of the Principal Act is amended by adding at the end the
following subsections:
"(5) If:
(a) a taxpayer's partner died; and
(b) the taxpayer would have been qualified for payments under a bereavement
Subdivision but for an exclusion provision (taxpayer's pension or allowance
increased on partner's death to such an extent that no bereavement payments);
and
(c) the taxpayer derives payments of carer service pension under Division 6
of Part III of the Veterans' Entitlements Act 1986 on one or more of the 7
pension paydays after the death;
then those payments on that payday or each of those paydays are not treated
under that subsection but as follows:
(d) the supplementary amounts are exempt;
(e) so much of the balance as exceeds what would have been the balance
(payments less supplementary amounts) if the partner had not died is exempt;
(f) the rest of the balance is not exempt.
"(6) Subsection (5) does not apply to a payday on which item 3 or 5 of
subsection (1) applies to the taxpayer (payments exempt).".
"Subdivision A - General provisions".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 31
31. After section 26AH of the Principal Act the following section is
inserted:
Investment-related lottery winnings to be included in assessable income
"26AJ. (1) If:
either:
a loan benefit is provided to a taxpayer, or to another person, in
respect of a year of income (in this subsection called the 'current year of
income'); or
an amount (other than loan principal) is paid or credited to a
taxpayer, or to another person, during a year of income (in this subsection
also called the 'current year of income'); or
other property or services are provided to a taxpayer, or to another
person, during a year of income (in this subsection also called the 'current
year of income'); and
the making of a loan, the payment or crediting of the amount, or the
provision of the property or services, as the case may be, is by way of
winnings from:
betting (including pool betting); or
a lottery or other form of gambling; or
a game with prizes; and
the chance to participate in the betting, lottery, gambling or game (in
this subsection called the 'betting chance') was provided:
wholly or partly in respect of an investment held by the taxpayer in or
with a third person (who may be an associate of the taxpayer) (in this
subsection called the 'investment body'); or
wholly or partly in relation directly or indirectly to such an
investment; and
the betting, lottery, gambling or game was organised by, or on behalf
of:
the investment body (either acting alone or together with one or more
other persons); or
an associate of the investment body (either acting alone or together
with one or more other persons); and
if the recipient of the loan benefit, amount or property or services,
as the case may be, is a person other than the taxpayer - either:
the other person is an associate of the taxpayer; or
the loan benefit, amount or property or services, as the case may be,
is provided under an arrangement to which the taxpayer, or an associate of the
taxpayer, is a party; and
no part of the value of the betting chance is included in the
assessable income of the taxpayer of any year of income; and
the provision of the betting chance is neither:
a fringe benefit within the meaning of the Fringe Benefits Tax
Assessment Act 1986; nor
a benefit that, apart from paragraph (g) of the definition of 'fringe
benefit' in subsection 136 (1) of the Fringe Benefits Tax Assessment Act 1986,
would be a fringe benefit within the meaning of that Act;
then:
if subparagraph (a) (i) applies - the taxpayer's assessable income of
the current year of income includes the amount (if any) by which the benchmark
amount of interest in relation to the loan in respect of the current year of
income exceeds the amount of interest that has accrued on the loan in respect
of the current year of income; or
if subparagraph (a) (ii) applies - the taxpayer's assessable income of
the current year of income includes the amount paid or credited; or
if subparagraph (a) (iii) applies - the taxpayer's assessable income of
the current year of income includes the arm's length value of the property or
services, reduced by the recipient's contribution (if any).
"(2) If:
apart from this subsection, an amount (in this subsection called the
'gross assessable amount') is included in a taxpayer's assessable income of a
year of income under paragraph (1) (h) in respect of a loan benefit; and
assuming that:
the recipient of the loan benefit had, on the last day of the period
(in this subsection called the 'loan period') during the year of income when
the recipient was under an obligation to repay the whole or any part of the
loan, incurred and paid unreimbursed interest (in this subsection called the
'gross interest'), in respect of the loan, in respect of the loan period; and
the amount of the gross interest was equal to the benchmark amount of
interest in relation to the loan in respect of the year of income;
a once-only deduction (in this subsection called the 'gross deduction') would,
or would apart from section 82A, and Subdivision F of Division 3, have been
allowable to the recipient in respect of the gross interest;
the gross assessable amount is reduced by:
if no interest accrued on the loan in respect of the loan period - the
amount of the gross deduction; or
in any other case - the amount worked out using the formula:
- Reducing amount
where:
'Gross deduction' means the amount of the gross deduction;
'Reducing amount' means the amount (if any) that would, or that would apart
from section 82A, and Subdivision F of Division 3, have been allowable as a
once-only deduction to the recipient in respect of the interest that accrued
on the loan in respect of the loan period if that interest had been incurred
and paid by the recipient on the last day of the loan period.
"(3) If:
apart from this subsection, an amount (in this subsection called the
'gross assessable amount') is included in a taxpayer's assessable income of a
year of income under paragraph (1) (j) in respect of the provision of property
or services; and
assuming that:
the recipient of the property or services had, at the time the property
or services were provided, incurred and paid unreimbursed expenditure in
respect of the provision of the property or services; and
the expenditure was equal to the amount of the arm's length value of
the property or services;
a once-only deduction would, or would apart from section 82A, and Subdivision
F of Division 3, have been allowable to the recipient in respect of a
percentage (in this subsection called the 'deductible percentage') of the
expenditure;
the gross assessable amount is reduced by the deductible percentage.
"(4) For the purposes of the application of this section to a taxpayer, if a
person (in this subsection called the 'provider') makes a loan to another
person (who may be the taxpayer) (in this subsection called the 'recipient'):
the making of the loan is taken to constitute a loan benefit provided
by the provider to the recipient; and
that loan benefit is taken to be provided in respect of each year of
income of the taxpayer during the whole or part of which the recipient is
under an obligation to repay the whole or any part of the loan.
"(5) For the purposes of this section, if a person (in this subsection
called the 'provider') makes a deferred interest loan (in this subsection
called the 'principal loan') to another person (in this subsection called the
'recipient'):
the provider is taken, at the end of:
the period of 6 months commencing on the day on which the principal
loan was made; and
each subsequent period of 6 months;
(being in either case a period during the whole of which the recipient is
under an obligation to repay the whole or any part of the principal loan) to
have made a loan (in this subsection called the 'deemed loan') to the
recipient; and
the amount of the deemed loan is equal to the amount by which the
interest (in this subsection called the 'accrued interest') that has accrued
on the principal loan in respect of that period exceeds the amount (if any)
paid in respect of the accrued interest before the end of that period; and
if any part of the accrued interest becomes payable or is paid after
the time when the deemed loan is taken to have been made, the deemed loan is
to be reduced accordingly; and
the deemed loan is taken to have been made at a nil rate of interest.
"(6) For the purposes of this section, if no interest is payable in respect
of a loan, a nil rate of interest is taken to be payable in respect of the
loan.
"(7) For the purposes of this section, a person is taken to be under an
obligation to pay or repay an amount even though the amount is not due for
payment or repayment.
"(8) For the purposes of this section, if a person does anything that
results in the creation of property in another person, the first-mentioned
person is taken to have provided that property to the other person at the time
when the property comes into existence.
"(9) For the purposes of this section, if:
a particular mode of application of money by a taxpayer in relation to
another person (in this subsection called the 'investment body') would not,
apart from this subsection, be an investment; and
a chance to participate in:
betting (including pool betting); or
a lottery or other form of gambling; or
a game with prizes;
is provided to the taxpayer or a third person:
wholly or partly in respect of the mode of application of money by the
taxpayer; or
wholly or partly in relation directly or indirectly to the mode of
application of money by the taxpayer; and
if a cash payment had been provided by the investment body to the
taxpayer instead of that chance, the payment would constitute, to any extent,
a return on an investment held by the taxpayer in or with the investment
body;
the mode of application of money is taken to be an investment held by the
taxpayer with the investment body.
"(10) If a ballot is held to determine the order in which loans are to be
made by a Starr-Bowkett building society to its members, then the making of a
loan in accordance with the ballot is not covered by paragraph (1) (b).
"(11) In this section: 'arm's length value', in relation to property or
services, means:
the amount that the recipient could reasonably have been expected to
have been required to pay to obtain the property or services from the provider
under a transaction where the parties to the transaction are dealing with each
other at arm's length in relation to the transaction; or
if such an amount cannot be practically determined - such amount as
represents a reasonable valuation of the property or services; 'arrangement'
means:
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
any scheme, plan, proposal, action, course of action or course of
conduct, whether unilateral or otherwise;
'associate' has the same meaning in relation to a person as that expression
has in relation to a person in section 26AAB;
'benchmark amount of interest', in relation to a loan, in relation to a year
of income, means the amount of interest that would have accrued on the loan in
respect of the year of income if the interest was calculated on the daily
balance of the loan at the benchmark interest rate in relation to the year of
income;
'benchmark interest rate', in relation to a year of income, means the
predominant per cent per annum interest rate on new, variable interest rate
housing loans to individuals for owner occupation that is specified, for the
June immediately preceding the financial year to which the year of income
relates, in the 'Interest Rates and Yields: Banks' table in the Statistical
Directory of the Reserve Bank of Australia Bulletin dated July in that
financial year;
'deferred interest loan' means a loan in respect of which interest is
payable at a rate exceeding nil, other than:
a loan where the whole of the interest is due for payment within 6
months after the loan is made; or
a loan where:
the interest is payable by instalments; and
the intervals between instalments do not exceed 6 months; and
the first instalment is due for payment within 6 months after the
loan is made;
'investment' means any mode of application of money for the purpose of
gaining a return;
'loan' includes:
an advance of money; and
the provision of credit or any other form of financial accommodation;
and
the payment of an amount for, on account of, on behalf of or at the
request of a person where there is an obligation (whether express or implied)
to repay the amount; and
a transaction (whatever its terms or form) which in substance effects a
loan of money;
'loan benefit' has the meaning given by subsection (4);
'once-only deduction', in relation to expenditure, means a deduction in a
year of income in respect of a percentage of the expenditure where no
deduction is allowable in respect of a percentage of the expenditure in any
other year of income;
'person' means any of the following:
a company;
a partnership;
a person in the capacity of trustee;
any other person;
'provide':
in relation to property - includes dispose of (whether by assignment,
declaration of trust or otherwise); and
in relation to services - includes allow, confer, give, grant or
perform;
'recipient's contribution', in relation to property or services, means the
amount of any consideration paid to the provider by the recipient in respect
of the provision of the property or services, reduced by the amount of any
reimbursement paid to the recipient in respect of that consideration;
'return', in relation to an investment, includes interest, income or
profit;
'services' includes any benefit, right (including a right in relation to,
and an interest in, real or personal property), privilege or facility and,
without limiting the generality of the foregoing, includes a right, benefit,
privilege, service or facility that is, or is to be, provided under:
an arrangement for or in relation to:
the performance of work (including work of a professional nature),
whether with or without the provision of property; or
the provision of, or the use of facilities for, entertainment,
recreation or instruction; or
the conferring of rights, benefits or privileges for which
remuneration is payable in the form of a royalty, tribute, levy or similar
exaction; or
a contract of insurance; or
an arrangement for or in relation to the lending of money;
'unreimbursed expenditure' means expenditure no part of which has been
reimbursed;
'unreimbursed interest' means interest no part of which has been
reimbursed.".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 32
Divisible deductions
32. Section 50G of the Principal Act is amended:
by inserting in paragraph (1) (a) "82BB," after "77F,";
by inserting after paragraph (2) (ja) the following paragraphs:
if:
a divisible deduction is allowable to the company in
relation to the year of income under section 82BB in respect of allowable
environmental impact expenditure incurred by the company at a particular time
(in this paragraph called the 'expenditure time'); and
the expenditure time occurred:
during the year of income; and
before the end of the relevant period;
the amount worked out using the following formula is taken to be an allowable
deduction in respect of that relevant period:
Post-expenditure days
in relevant period
X
Post-expenditure days
in year
where:
'Divisible deduction' means the amount of the divisible deduction;
'Post-expenditure days in relevant period' means the number of whole days in
the relevant period that occurred after the expenditure time;
'Post-expenditure days in year' means the number of whole days in the year
of income that occurred after the expenditure time;
if:
a divisible deduction is allowable to the company in
relation to the year of income under section 82BB in respect of allowable
environmental impact expenditure incurred by the company; and
the year of income is not the year of income in which
the expenditure was incurred; the amount worked out using the following
formula is taken to be an allowable deduction in respect of that relevant
period:
Days in relevant period
X 365
where:
'Divisible deduction' means the amount of the divisible deduction;
'Days in relevant period' means the number of whole days in the relevant
period;".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 33
Tax-related expenses
33. Section 69 of the Principal Act is amended by inserting in subsection
(6) ", other than subsection 51 (1)" after "section 51" (first occurring).
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 34
Deductions for petroleum resource rent tax payments
34. Section 72A of the Principal Act is amended:
(a) by inserting in subsections (1) and (2) ", or an instalment of petroleum
resource rent tax," after "rent tax";
(b) by inserting after subsection (2) the following subsection:
"(2A) A reference in subsections (1) and (2) to a payment of an amount of
petroleum resource rent tax does not include a reference to a payment under
paragraph 99 (c) of the Petroleum Tax Act.";
(c) by inserting in paragraphs (3) (a) and (4) (a) ", or instalment of
petroleum resource rent tax," after "rent tax";
(d) by inserting in paragraphs (3) (a) and (4) (a) ", or would apart from
subsection (2A) have been allowable," after "allowable";
(e) by inserting after paragraph (3) (a) the following paragraph:
under paragraph 99 (d) of the Petroleum Tax Act,
the Commissioner credits an amount paid by a taxpayer in respect of an
instalment of petroleum resource rent tax, where a deduction for that amount
has been allowed or is allowable to the taxpayer for a year of income; or";
(f) by omitting from subparagraphs (3) (b) (i) and (4) (b) (i) "Petroleum
Resource Rent Tax Assessment Act 1987" and substituting "Petroleum Tax Act";
(g) by inserting in subsections (3) and (4) "credited," after "received,";
(h) by inserting after paragraph (4) (a) the following paragraph:
"(aa) under paragraph 99 (d) of the Petroleum Tax Act,
the Commissioner credits an amount paid by a taxpayer as agent or trustee in
respect of an instalment of petroleum resource rent tax, where a deduction for
that amount has been allowed or is allowable to the taxpayer for a year of
income; or";
(i) by omitting subsection (5) and substituting the following subsection:
"(5) In this section:
'instalment of petroleum resource rent tax' means an instalment of tax
payable under Division 2 of Part VIII of the Petroleum Tax Act;
'petroleum resource rent tax' means tax imposed by the Petroleum Resource
Rent Tax Act 1987, as assessed under the Petroleum Tax Act;
'Petroleum Tax Act' means the Petroleum Resource Rent Tax Assessment Act
1987.".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 35
Expenditure on research and development activities
35. Section 73B of the Principal Act is amended:
by omitting "during the deduction period" from the definitions of
"building expenditure", "contracted expenditure", "plant expenditure",
"research and development expenditure" and "salary expenditure" in subsection
(1) (wherever occurring) and substituting "on or after 1 July 1985";
by omitting "during the period commencing on 20 November 1987 and
ending at the end of the deduction period" from paragraph (c) of the
definition of "contracted expenditure" in subsection (1) and substituting "on
or after 20 November 1987";
by omitting "during the period concerned" (last occurring) in the
definition of "contracted expenditure" in subsection (1) and substituting "on
or after the date concerned, or during the period concerned, as the case may
be";
by omitting "and before the end of the deduction period" from the
definition of "core technology expenditure" in subsection (1);
by omitting from subsection (1) the definition of "deduction period";
by omitting from subsection (4) "and before 1 July 1995";
by omitting subsection (16).
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 36
Recouped expenditure on research and development activities
36. Section 73C of the Principal Act is amended by omitting from paragraph
(2) (a) "during the deduction period" and substituting "on or after 1 July
1985".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 37
Gifts, pensions etc.
37. Section 78 of the Principal Act is amended:
(a) by omitting subparagraphs (1) (a) (xiii), (xxviii), (xxix), (xxxiv),
(lxiv), (lxix) and (xcii);
(b) by inserting after subparagraph (1) (a) (cvi) the following
subparagraph:
a fund that, when the gift is made, is on the
register kept under section 78AA;".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 38
38. After section 78 of the Principal Act the following section is
inserted:
Register of Cultural Organisations
"78AA. (1) In this section:
'Arts Department' means the Department of the Arts, Sport, the Environment,
Tourism and Territories;
'Arts Minister' means the Minister for the Arts, Tourism and Territories;
'body' means:
a body corporate (including an incorporated association); or
a trust established by a deed or will; or
an unincorporated body established for a public purpose by the
Commonwealth, a State or a Territory;
'cultural organisation' means a body with all of the following
characteristics:
its principal purpose, or each of its principal purposes, is a cultural
purpose;
it does not pay any of its profits or financial surplus, or give any of
its property, to its shareholders, members, beneficiaries, controllers or
owners, as the case requires;
it has a public fund:
to which gifts of money or property for its cultural purpose or
purposes are to be made; and
to which any interest on money in the fund is to be credited; and
to which any money derived from the property given to the fund is to
be paid; and
that does not receive any other money or property; and
that is used only to support the body's cultural purpose or purposes;
it has agreed to give the Arts Department, at 6 monthly intervals,
statistical data about gifts to that fund during the last 6 months;
it complies with any rules made from time to time by the Treasurer and
the Arts Minister to ensure that gifts to that fund are used only to support
its cultural purpose or purposes;
'cultural purpose' means the promotion of any of the following:
literature;
music;
one or more of the performing arts;
one or more of the visual arts;
one or more crafts;
design;
film;
video;
television;
radio;
community arts;
Aboriginal arts;
movable cultural heritage;
'gift fund', in relation to a cultural organisation, means the
organisation's fund described in paragraph (c) of the definition of 'cultural
organisation';
'promotion', in relation to an activity or other matter listed in the
definition of cultural purpose, includes:
production, presentation, publication or preservation in relation to
the matter; and
the provision of accommodation for the purpose of the matter; and
training in relation to the matter;
'register' means the Register of Cultural Organisations required by
subsection (2).
"(2) The Arts Department must keep a register, to be known as the Register
of Cultural Organisations, listing such cultural organisations and their gift
funds as are required to be on the register because of this section.
"(3) If the Arts Minister is satisfied that a body has all the
characteristics of a cultural organisation, he or she is to certify to the
Treasurer in writing that the body is a cultural organisation.
"(4) If the Arts Minister has certified to the Treasurer that a body is a
cultural organisation, they may, in their discretion, direct the Arts
Department in writing to enter the organisation and its gift fund on the
register on a specified day on or after the day on which the direction is
given.
"(5) In considering whether to give a direction, the Treasurer and the Arts
Minister are to take into account the policies and budgetary priorities of the
Australian Government.
"(6) If:
before the commencement of this section, the Treasurer and the Arts
Minister, or the Arts Minister, announced that a specified body would be
entered on the register with effect from a specified day after 24 March 1991
(however the announcement was expressed); and
the Arts Minister is satisfied that, on that commencement, the body had
all the characteristics of a cultural organisation (whether or not it had them
when the announcement was made);
then:
the Arts Minister is to certify to the Treasurer in writing that the
body is a cultural organisation; and
the Treasurer and the Arts Minister are to direct the Arts Department
in writing to enter the organisation and its gift fund on the register; and
for the purposes of the application of this Act in relation to the
organisation:
the register is taken to have been established on the specified day;
and
the organisation and its gift fund are taken to have been entered on
the register on the specified day; and
if the gift fund was created after the specified day - gifts made to
the organisation before the fund's creation are taken to have been made to
that fund.
"(7) If:
before the commencement of this section, the Treasurer and the Arts
Minister, or the Arts Minister, announced that a specified body would be
entered on the register with effect from a specified day after 24 March 1991
(however the announcement was expressed); and
the Arts Minister is not satisfied that, on that commencement, the body
had all the characteristics of a cultural organisation (whether or not it had
them when the announcement was made);
then, for the purposes of the application of this Act in relation to the body:
the register is taken to have been established on the specified day;
and
the body is taken to have been, on the specified day, a cultural
organisation with a gift fund; and
the body and its gift fund are taken to have been:
entered on the register on the specified day; and
removed from the register on the commencement of this section; and
gifts to the body are taken to have been gifts to its gift fund.
"(8) The Treasurer and the Arts Minister may, in their discretion, direct
the Arts Department in writing to remove a cultural organisation and its gift
fund from the register on a specified day on or after the day on which the
direction is given.".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 39
39. After section 82AQ of the Principal Act the following Subdivision is
inserted:
"Subdivision C - Deductions for expenditure on environmental
impact studies
Objects of Subdivision
"82B. The objects of this Subdivision are:
to provide for the deductibility of allowable environmental impact
expenditure (section 82BB); and
to allow property used for eligible environmental impact activities to
be treated as if it were used for the purpose of producing assessable income
(section 82BG).
Interpretation
"82BA. In this Subdivision:
'allowable environmental impact expenditure' has the meaning given by
section 82BC;
'eligible environmental impact activity' has the meaning given by section
82BD;
'environment' includes all aspects of the surroundings of humans, whether
affecting them as individuals or in social groupings;
'income-producing project', in relation to a taxpayer, means a project that
is, or is to be, carried out for the purpose, or for purposes that include the
purpose, of producing assessable income (other than assessable income
attributable to section 160Z) of the taxpayer of any year of income;
'project' includes a proposed project.
Deduction of allowable environmental impact expenditure
"82BB. (1) Subject to this Subdivision, if a taxpayer incurs allowable
environmental impact expenditure during a year of income (in this section
called the 'current year of income') in connection with an income-producing
project of the taxpayer, then:
if:
a decision is made before the end of the current year of income to
abandon the project; or
the project ends before the end of the current year of income;
the expenditure is an allowable deduction for the current year of income; or
if it is not practicable to readily estimate, as at the end of the
current year of income, the time when the project will end - 10% of the
expenditure is an allowable deduction for:
the current year of income; and
(ii) each of the 9 subsequent years of income; or
if:
none of the above paragraphs apply; and
(ii) it is practicable to readily estimate, as at the end of the current
year of income, the year of income (in this paragraph called the 'final year
of income') in which the end of the project will occur; and
(iii) the final year of income is one of the 9 years of income subsequent to
the current year of income;
equal parts of the expenditure are respectively allowable deductions for:
(iv) the current year of income; and
the final year of income; and
(vi) each of the intervening years of income (if any); or
if:
none of the above paragraphs apply; and
(ii) it is practicable to readily estimate, as at the end of the current
year of income, the year of income (in this paragraph called the 'final year
of income') in which the end of the project will occur; and
(iii) the final year of income is later than the 9th year of income
subsequent to the current year of income;
10% of the expenditure is an allowable deduction for:
the current year of income; and
each of the 9 subsequent years of income.
"(2) A provision of this Act (including a provision of section 51, other
than subsection 51 (1)) that expressly prevents or restricts the operation of
section 51 applies in the same way to this section.
Allowable environmental impact expenditure
"82BC. (1) A reference in this Subdivision to allowable environmental impact
expenditure of a taxpayer in connection with an income-producing project of
the taxpayer is a reference to expenditure (whether of a capital nature or
otherwise) incurred by the taxpayer on or after 12 March 1991 to the extent
that the expenditure is in respect of eligible environmental impact activities
in relation to the project.
"(2) Expenditure is taken not to be allowable environmental impact
expenditure to the extent to which a deduction is allowable in respect of that
expenditure under a provision of this Act other than section 82BB.
"(3) Expenditure is taken not to be allowable environmental impact
expenditure to the extent to which the expenditure is taken into account in
calculating an amount of depreciation that is allowable as a deduction.
Eligible environmental impact activities
"82BD. A reference in this Subdivision to an eligible environmental impact
activity in relation to an income-producing project is a reference to:
undertaking a study; or
preparing or obtaining a report or other documentation; or
carrying out any other activity;
for the sole or dominant purpose of evaluating the impact, or likely impact,
of the project on the environment.
No deduction where expenditure is recouped
"82BE. (1) Section 82bb does not apply, and is to be taken never to have
applied, to expenditure if:
the taxpayer, whether before or after the commencement of this
subsection, receives, or becomes entitled to receive, a recoupment of, or
grant in respect of, the expenditure; and
the amount of the recoupment or the grant is not, and will not be,
included in the assessable income of the taxpayer of any year of income.
"(2) For the purposes of subsection (1), if a taxpayer receives, or becomes
entitled to receive, an amount that constitutes to an unspecified extent a
recoupment of, or a grant in respect of, expenditure, then so much of that
amount as is reasonable is taken to be a recoupment of, or grant in respect
of, that expenditure, as the case requires.
"(3) Section 170 does not prevent the amendment of an assessment at any time
for the purpose of giving effect to this section.
Transactions between persons not at arm's length
"82BF. If:
a person has incurred expenditure in connection with a transaction
where the parties to the transaction are not dealing with each other at arm's
length in relation to the transaction; and
deductions are or have been allowable under this Subdivision in respect
of the expenditure; and
the amount of the expenditure is greater or less than is reasonable;
the amount of the expenditure is taken, for all purposes of the application of
this Act in relation to the parties to the transaction, to be the amount that
would have been reasonable if the parties were dealing with each other at
arm's length.
Property used for eligible environmental impact activities taken
to be used for the purpose of producing assessable income
"82BG. (1) For the purposes of this Act, if property is used by a taxpayer
on or after 12 March 1991 for eligible environmental impact activities in
relation to an income-producing project of the taxpayer, that use of the
property by the taxpayer is taken to be for the purpose of producing
assessable income of the taxpayer.
"(2) Subsection (1) has effect subject to a provision of this Act that
expressly provides that a particular use of property is not taken to be for
the purpose of producing assessable income.".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 40
40. Before section 110 of the Principal Act the following heading is
inserted:
"Subdivision A - General Provisions".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 41
Expenses of general management
41. Section 113 of the Principal Act is amended by inserting in subsection
(4) ", other than subsection 51 (1)" after "section 51" (first occurring).
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 42
42. After section 116D of the Principal Act the following Subdivision is
inserted:
"Subdivision B - Tax treatment of matters relating to life
insurance policy holders' protection levies
Interpretation
"116DA. In this Subdivision:
'Collection Act' means the Life Insurance Policy Holders' Protection Levies
Collection Act 1991;
'final winding-up payment' has the same meaning as in the Collection Act;
'grant' has the same meaning as in the Collection Act;
'protection levy' has the same meaning as in the Collection Act;
'winding-up advance' has the same meaning as in the Collection Act.
Deduction for protection levy
"116DB. Protection levy incurred by a taxpayer is an allowable deduction for
the year of income in which the protection levy is incurred.
Deduction for protection levy relates to non-fund assessable income
"116DC. For the purposes of Subdivision A, a deduction allowable to a
taxpayer under section 116DB is taken to relate exclusively to non-fund
assessable income of the taxpayer.
Assessable income to include winding-up advances and final winding-up
payments
"116DD. The assessable income of a taxpayer of a year of income includes a
winding-up advance or a final winding-up payment payable to the taxpayer in
the year of income.
Winding-up advances and final winding-up payments to be non-fund assessable
income
"116DE. For the purposes of Subdivision A, an amount included in a
taxpayer's assessable income under section 116DD is taken to be non-fund
assessable income of the taxpayer.
Tax treatment of transfer of equity in Fund
"116DF. If:
a scheme covered by section 19 of the Collection Act makes provision
for a transfer of the kind mentioned in that section; and
the transferee pays or gives consideration to the transferor in respect
of the transfer;
then:
the amount or value of the consideration is included in the assessable
income of the transferor for the year of income in which it was incurred by
the transferee; and
for the purposes of Subdivision A, an amount included in a taxpayer's
assessable income under paragraph (c) is taken to be non-fund assessable
income of the taxpayer; and
the amount or value of the consideration is a deduction allowable to
the transferee for the year of income in which it was incurred; and
for the purposes of Subdivision A, a deduction allowable to a taxpayer
under paragraph (e) is taken to relate exclusively to non-fund assessable
income of the taxpayer.
Grant exempt from income tax
"116DG. A grant is exempt from income tax.
Amendment of assessments - remission or refund of protection levy
"116DH. (1) Section 170 does not prevent the amendment of an assessment for
the purpose of giving effect to section 116DB.
"(2) The following are examples of situations which could result in such an
amendment being made:
the remission of the whole or a part of an amount of protection levy;
the refund or other application of an overpayment of protection levy.
"(3) For the purposes of section 116DB, the effect of a remission of
protection levy is that the amount remitted is taken never to have been
incurred.
Assessability provisions not to affect meaning of "fund assessable income"
when used in Subdivision A
"116DJ. Section 116DE and paragraph 116DF (d) are enacted for the avoidance
of doubt and do not, by implication, affect the meaning of 'fund assessable
income' when used in Subdivision A.
This Subdivision to be primary code for tax treatment of matters
relating to protection levy
"116DK. If any of the following events happen:
a taxpayer incurs protection levy;
a taxpayer derives a winding-up advance or a final winding-up payment;
a transfer of the kind mentioned in section 19 of the Collection Act;
the payment or giving of consideration in respect of such a transfer by
the transferee to the transferor;
the remission of the whole or a part of an amount of protection levy;
the refund or other application of an overpayment of protection levy;
the event is to be ignored in determining:
whether an amount is included in the assessable income of a taxpayer
under a provision of this Act other than this Subdivision or Part IIIA; or
whether an amount is allowable as a deduction to a taxpayer under a
provision of this Act other than this Subdivision; or
whether Part IIIA applies in respect of the disposal of an asset.".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 43
Exploration and prospecting expenditure
43. Section 122J of the Principal Act is amended by omitting from subsection
(1) and subparagraph (4D) (b) (i) "on any mining tenements".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 44
Deduction of expenditure on rehabilitation-related activities
44. Section 124BA of the Principal Act is amended by inserting in subsection
(2) ", other than subsection 51 (1)" after "section 51" (first occurring).
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 45
Application of credits
45. Section 160AN of the Principal Act is amended by inserting after
subsection (3) the following subsection:
"(3A) Subsection (3) does not apply for the purposes of Division 2 of Part
IIIAA (which deals with franking credits and debits).".
TAXATION LAWS AMENDMENT (No. 3) ACT 1991 No. 216 of 1991
- SECT 46
Interpretation
46. Section 160APA of the Principal Act is amended:
by omitting subparagraph (a) (i) of the definition of "applicable
general company tax rate";
by inserting "company" after "on account of" in subparagraph (a) (ib)
of the definition of "applicable general company tax rate";
by inserting after subparagraph (a) (ib) of the definition of
"applicable general company tax rate" the following subparagraphs:
the payment of a final payment of tax in respect of
a year of income under section 221AZD;
the making of a payment by a company of, or on
account of, company tax in respect of a year of income where the payment is
covered by section 160APMD;";
by inserting after subparagraph (a) (ic) of the definition of
"applicable general company tax rate" the following subparagraphs:
the payment of a refund to a company of an amount
paid by the company in respect of a year of income where the refund is covered
by section 160APYBA;
the application by the Commissioner of an amount paid
by a company in respect of a year of income where the application is covered
by section 160APYBA;";
by omitting "assessment or" from subparagraph (a) (ii) of the
definition of "applicable general company tax rate";
by omitting "the formula" from paragraph (aa) of the definition of
"applicable general company tax rate" and substituting "a formula";
by omitting subparagraph (aa) (i) of the definition of "applicable
general company tax rate" and substituting the following subparagraph:
sections 160APVBA to 160APVD (inclusive);";
by omitting "160AQCH" from subparagraph (aa) (ii) of the definition of
"applicable general company tax rate" and substituting "160AQCL";
by inserting "(except as provided by subsection 160AN (3A))" after
"includes" in the definition of "paid";
by omitting paragraph (b) of the definition of "termination time" and
substituting the following paragraph:
in relation to the payment of an initial payment of
tax under section 221AP in respect of a year of income - the earlier of the
following times:
the time at which the company receives an amount as a
refund of that payment under whichever of the following provisions is
applicable:
subsection 221AQ (3);
subsection 221AR (6);
subsection 221AU (4);
(ii) whichever of the following is applicable:
if the company is required to make a payment under
section 221AZD in respect of the year of income - the day on which that
payment is made;
in any other case - on the day that would have been
applicable under subparagraph 166A (a) (i) if the company had been required to
make such a payment under section 221AZD; or";
by omitting the definition of "company tax instalment";
by omitting the definition of "liability reduction action" and
substituting the following definition:
" 'liability reduction action', in relation to a company, means action
Omit the paragraphs, substitute:
"; and (c) the responsible Department were a government body.".
After section 5:
Insert:
Modified objection, review and appeal provisions
"5A. If, apart from this section, Part IVC of the Taxation
Administration Act 1953 would apply to an objection made under
the Assessment Act in its application in accordance with this
Act, then that Part applies as if subsection 14ZX (4), section
14ZZ and Divisions 4 and 5 of that Part were omitted.".
Fringe Benefits Tax Assessment Act 1986
Subsections 67 (6) and (7):
Omit the subsections, substitute:
"(6) If the employer is dissatisfied with the Commissioner's
decision on the request, the employer may object against the
decision in the manner set out in Part IVC of the Taxation
Administration Act 1953.".
After section 78:
Insert in Part V:
Objections
"78A. An employer who is dissatisfied with an assessment may
object against it in the manner set out in Part IVC of the
Taxation Administration Act 1953.".
Part VI:
Repeal the Part.
Subsection 98 (3):
Omit the subsection, substitute:
"(3) A person who claims an interest in the estate of the
deceased employer and who is dissatisfied with the assessment
may object against it in the manner set out in Part IVC of the
Taxation Administration Act 1953.".
Subsections 98 (7) and (8):
Omit the subsections, substitute:
"(7) In spite of subsections (4), (5) and (6), if probate of
the will, or letters of administration of the estate, of the
deceased employer is or are granted to a person, and the person
is dissatisfied with the assessment, the person may object
against it in the manner set out in Part IVC of the Taxation
Administration Act 1953.
"(8) Part IVC of the Taxation Administration Act 1953 applies
in relation to an objection under subsection (3) or (7) as if
the person were the deceased employer.".
Subsection 126 (1):
Omit "Part VI", substitute "Part IVC of the Taxation
Administration Act 1953".
Subsection 136 (1) (definition of "this Act"):
Omit the definition, substitute:
" 'this Act' includes:
the regulations; and
Part IVC of the Taxation Administration Act 1953, insofar
as that Part relates to this Act;".
Gift Duty Assessment Act 1941
Subsection 4 (1):
Insert:
" 'this Act' includes Part IVC of the Taxation Administration
Act 1953, insofar as that Part relates to this Act;".
After section 24:
Insert in Part IV:
Objections
"24AA. A person required to pay gift duty who is dissatisfied
with an assessment in relation to the person may object against
it in the manner set out in Part IVC of the Taxation
Administration Act 1953.".
Part VI:
Repeal the Part.
Gift Duty Convention (United States of America) Act 1953
Section 3:
Insert:
" 'this Act' includes Part IVC of the Taxation Administration
Act 1953, insofar as that Part relates to this Act.".
Section 9:
Repeal the section, substitute:
Objections
"9. A person who is dissatisfied with a determination made in
relation to the person may object against it in the manner set
out in Part IVC of the Taxation Administration Act 1953.".
Higher Education Funding Act 1988
Subsection 72 (1):
Omit "Parts IV and V", substitute "Part IV".
Income Tax Assessment Act 1936
Subsection 6 (1):
Insert:
" 'this Act' includes Part IVC of the Taxation Administration
Act 1953, insofar as that Part relates to this Act;".
Subsections 78B (5) and (6):
Omit the subsections, substitute:
"(5) If the taxpayer is dissatisfied with the Commissioner's
decision on the request, the taxpayer may object against it in
the manner set out in Part IVC of the Taxation Administration Act 1953.".
Subsections 82KL (9) and (10):
Omit the subsections, substitute:
"(9) If the taxpayer is dissatisfied with the Commissioner's
decision on the request, the taxpayer may object against it in
the manner set out in Part IVC of the Taxation Administration Act 1953.".
Paragraph 82KZAA (3) (a):
After "subsection 188 (1) or (2)" insert ", as in force
immediately before the commencement of section 113 of the
Taxation Laws Amendment Act (No. 3) 1991.".
Subparagraph 82KZAA (3) (d) (ii):
Omit the subparagraph, substitute:
"(ii) the Tribunal or the Federal Court of Australia, when
making a decision under:
paragraph 190 (a) of this Act, as in force immediately
before the commencement of section 113 of the Taxation Laws
Amendment Act (No. 3) 1991; or
paragraph 14ZZK (a) or 14ZZO (a) of the Taxation
Administration Act 1953, as the case requires;
must disregard subsection (1) of this section.".
Subsection 102AAM (14):
Omit "201,".
Subsections 124ZADA (10) and (11):
Omit the subsections, substitute:
"(10) A person who is notified of a decision of the Commissioner under
subsection (2) or (4) and who is dissatisfied with the decision may object
against it in the manner set out in Part IVC of the Taxation Administration
Act 1953.".
Subsections 124ZAGA (4) and (5):
Omit the subsections, substitute:
"(4) If the taxpayer is dissatisfied with the Commissioner's decision on
the request, the taxpayer may object against the decision in the manner set
out in Part IVC of the Taxation Administration Act 1953.".
Section 128P:
Repeal the section, substitute:
Objections
"128P. If an applicant for a certificate under this Division is
dissatisfied with a decision of the Commissioner:
in any case - to refuse to issue the certificate; or
in the case of a certificate under section 128AB - to specify a
particular amount in the certificate;
the applicant may object against the decision in the manner set out in Part
IVC of the Taxation Administration Act 1953.".
Subsections 136AF (6) and (7):
Omit the subsections, substitute:
"(6) If the taxpayer is dissatisfied with the Commissioner's decision on
the request, the taxpayer may object against it in the manner set out in Part
IVC of the Taxation Administration Act 1953.".
Section 160AJ:
Omit "on appeal against", substitute "under Part IVC of the Taxation
Administration Act 1953 on an appeal or review relating to".
Section 160AL:
Repeal the section, substitute:
Objections
"160AL. A person to whom a determination relates who is dissatisfied with
the determination may object against it in the manner set out in Part IVC of
the Taxation Administration Act 1953.".
Paragraph 160AQP (d):
Omit "on appeal against", substitute "under Part IVC of the Taxation
Administration Act 1953 on an appeal or review relating to".
Section 160AQQ:
Repeal the section, substitute:
Objections
"160AQQ. If the company to which an offset determination relates is
dissatisfied with the offset determination, it may object against it in the
manner set out in Part IVC of the Taxation Administration Act 1953.".
Division 9 of Part IIIAA:
Repeal the Division, substitute:
"Division 9 – Objections
Objections
"160ART. A company that is dissatisfied with a franking assessment made in
relation to the company may object against it in the manner set out in Part
IVC of the Taxation Administration Act 1953.".
Subsection 170AA (12):
Omit ", 201".
After section 175:
Insert:
Objections against assessments
"175A. A taxpayer who is dissatisfied with an assessment made in relation
to the taxpayer may object against it in the manner set out in Part IVC of
the Taxation Administration Act 1953.".
Subsection 177 (1):
Omit "Part V", substitute "Part IVC of the Taxation Administration Act
1953".
Subsections 177F (7) and (8):
Omit the subsections, substitute:
"(7) If the taxpayer is dissatisfied with the Commissioner's decision on
the request, the taxpayer may object against it in the manner set out in Part
IVC of the Taxation Administration Act 1953.".
Part V:
Repeal the Part.
Subsection 220 (3):
Omit the subsection, substitute:
"(3) A person who claims an interest in the estate of the taxpayer and who
is dissatisfied with the assessment may object against it in the manner set
out in Part IVC of the Taxation Administration Act 1953.".
Subsection 220 (7):
Omit the subsection, substitute:
"(7) In spite of subsections (4), (5) and (6), if probate of the will, or
letters of administration of the estate, of the deceased is or are granted to
a person, and the person is dissatisfied with the assessment, the person may
object against it in the manner set out in Part IVC of the Taxation
Administration Act 1953.
"(7A) Part IVC of the Taxation Administration Act 1953 applies in relation
to an objection under subsection (3) or (7) as if the person were the
taxpayer.".
Section 221N:
Add at the end:
"(4) A person who is dissatisfied with a decision of the Commissioner in
relation to the person under subsection (2) (other than in relation to an
amount payable under subsection 221EAA (2)) may object against it in the
manner set out in Part IVC of the Taxation Administration Act 1953.".
Section 221U:
Repeal the section.
Subsections 221YHAAE (1) and (2):
Omit the subsections, substitute:
"(1) A taxpayer who is dissatisfied with a notice served on the taxpayer
under paragraph 221YHAAC (1) (c) or 221YHAAD (1) (c) may object against it in
the manner set out in Part IVC of the Taxation Administration Act 1953.".
Subsection 221YHAAE (3):
Omit all the words after "in that", substitute "subsection".
Subsections 221YHT (2) and (3):
Omit the subsections, substitute:
"(2) A person who is dissatisfied with a decision of the Commissioner in
relation to the person made under:
subsection 221YHL (2) (other than in relation to an amount payable
under subsection 221YHH (2)); or
any of sections 221YHP, 221YHQ, 221YHR and 221YHS;
may object against the decision in the manner set out in Part IVC of the
Taxation Administration Act 1953.".
Section 221YHZM:
Repeal the section, substitute:
Objections
"221YHZM. A person who is dissatisfied with a decision of the Commissioner
in relation to the person under subsection 221YHZE (2) (other than in
relation to an amount payable under subsection 221YHZC (4)) may object
against the decision in the manner set out in Part IVC of the Taxation
Administration Act 1953.".
Pay-roll Tax (Territories) Assessment Act 1971
Subsection 4 (1):
Insert:
" 'this Act' includes Part IVC of the Taxation Administration Act
1953, insofar as that Part relates to this Act;".
Subsection 34 (3):
Omit the subsection, substitute:
"(3) A person who claims an interest in the estate of the deceased employer
and who is dissatisfied with the assessment may object against it in the
manner set out in Part IVC of the Taxation Administration Act 1953.".
Subsection 34 (7):
Omit the subsection, substitute:
"(7) In spite of subsections (4), (5) and (6), if probate of the will, or
letters of administration of the estate, of the deceased employer is or are
granted to a person, and the person is dissatisfied with the assessment, the
person may object against it in the manner set out in Part IVC of the
Taxation Administration Act 1953.
"(7A) Part IVC of the Taxation Administration Act 1953 applies in relation
to an objection under subsection (3) or (7) as if the person were the
deceased employer.".
Subsection 37 (1):
Insert "under Part IVC of the Taxation Administration Act 1953" after
"proceedings".
Part VI:
Repeal the Part.
Before section 64:
Insert in Part IX:
Objections
"63. An employer who is dissatisfied with:
an assessment made by the Commissioner under this Act in relation to
the employer; or
a determination made by the Commissioner under this Act in relation to
the employer; or
a decision made by the Commissioner under this Act by which the
employer's liabilty to pay tax is affected;
may object against the assessment, determination or decision in the manner
set out in Part IVC of the Taxation Administration Act 1953.".
Petroleum Resource Rent Tax Assessment Act 1987
Section 2 (definition of "this Act"):
Omit the definition, substitute:
" 'this Act' includes:
the regulations; and
Part IVC of the Taxation Administration Act 1953, insofar as that Part
relates to this Act;".
Subsections 53 (4) and (5):
Omit the subsections, substitute:
"(4) If the person is dissatisfied with the Commissioner's decision on the
request, the person may object against the decision in the manner set out in
Part IVC of the Taxation Administration Act 1953.".
Subsection 65 (12):
Omit "81,".
After section 69:
Insert in Part VI:
Objections
"69A. A person who is dissatisfied with an assessment made in relation to
the person may object against it in the manner set out in Part IVC of the
Taxation Administration Act 1953.".
Part VII:
Repeal the Part.
Subsection 90 (3):
Omit the subsection, substitute:
"(3) A person who claims an interest in the estate of the deceased and who
is dissatisfied with the assessment may object against it in the manner set
out in Part IVC of the Taxation Administration Act 1953.".
Subsections 90 (7) and (8):
Omit the subsections, substitute:
"(7) In spite of subsections (4), (5) and (6), if probate of the will, or
letters of administration of the estate, of the deceased is or are granted to
a person, and the person is dissatisfied with the assessment, the person may
object against it in the manner set out in Part IVC of the Taxation
Administration Act 1953.
"(8) Part IVC of the Taxation Administration Act 1953 applies in relation
to an objection under subsections (3) or (7) as if the person were the
deceased person.".
Subsection 106 (1):
Omit "Part VII", substitute "Part IVC of the Taxation Administration Act
1953".
Sales Tax Assessment Act (No. 1) 1930
Subsection 3 (1):
Insert:
" 'this Act' includes Part IVC of the Taxation Administration Act
1953, insofar as that Part relates to this Act;".
Subsection 35 (6):
Omit the subsection, substitute:
"(6) A person who claims an interest in the estate of the taxpayer and who
is dissatisfied with the assessment may object against it in the manner set
out in Part IVC of the Taxation Administration Act 1953.".
Subsection 35 (10):
Omit the subsection, substitute:
"(10) In spite of subsections (8) and (9), if probate of the will, or
letters of administration of the estate, of the deceased is or are granted to
a person, and the person is dissatisfied with the assessment, the person may
object against it in the manner set out in Part IVC of the Taxation
Administration Act 1953.
"(10A) Part IVC of the Taxation Administration Act 1953 applies in relation
to an objection under subsections (6) or (10) as if the person were the
taxpayer.".
After section 38:
Insert in Part VI:
Objections against assessments and certain decisions
"38A. (1) A taxpayer who is dissatisfied with an assessment made in
relation to the taxpayer may object against it in the manner set out in Part
IVC of the Taxation Administration Act 1953.
"(2) Subject to subsection (3), a person who applies:
for action to be taken under section 26; or
under the Sales Tax Regulations for the refund or payment of an amount
of money:
to prevent double taxation; or
(ii) for the purpose of giving effect to an exemption from sales tax;
and who is dissatisfied with a decision made on the application may object
against it in the manner set out in Part IVC of the Taxation Administration
Act 1953.
"(3) If an applicant referred to in subsection (2) claims to be entitled to
have the action taken or the refund or payment made in respect of an act,
transaction or operation done or effected in relation to goods in a month in
a sales tax quarter, subsection (2) does not apply unless the application is
lodged with the Commissioner:
if the applicant is a monthly remitter in relation to the month –
within 60 days after the act, transaction or operation (not being the payment
of tax) that is claimed to entitle the person to have the action taken or the
refund or payment made or within such further time as the Commissioner
allows; or
if the applicant is a quarterly remitter in relation to the quarter -
within 120 days after the act, transaction or operation (not being the
payment of tax) that is claimed to entitle the person to have the action
taken or the refund or payment made or within such further time as the
Commissioner allows.
"(4) A person affected by a decision under subsection 11 (3B), (8A) or
(11), 15A (1) or (5) or 16 (3) who is dissatisfied with the decision may
object against it in the manner set out in Part IVC of the Taxation
Administration Act 1953.".
Part VII:
Repeal the Part.
Paragraphs 67 (1) (d) and (e):
Omit "Part VII", substitute "Part IVC of the Taxation Administration Act
1953".
Subsection 67 (6):
Omit the subsection, substitute:
"(6) In this section:
'refund decision' means a decision made on or after 1 July 1986 in respect
of an application:
for action to be taken under section 26; or
under the Sales Tax Regulations for the refund or payment of an
amount of money:
to prevent double taxation; or
(ii) for the purpose of giving effect to an exemption from sales tax.".
Sales Tax Assessment Act (No. 2) 1930
Subsection 12 (1):
Omit "27 to 38 inclusive, and Parts VII,", substitute "27 to 38A
(inclusive), and Parts".
Paragraph 12 (1) (ca):
Omit "39A", substitute "38A and subsection 67 (6)".
Sales Tax Assessment Act (No. 3) 1930
Subsection 12 (1):
Omit "27 to 38 inclusive, and Parts VII,", substitute "27 to 38A
(inclusive), and Parts".
Paragraph 12 (1) (ca):
Omit "39A", substitute "38A and subsection 67 (6)".
Sales Tax Assessment Act (No. 4) 1930
Subsection 12 (1):
Omit "27 to 38 inclusive, and Parts VII,", substitute "27 to 38A
(inclusive), and Parts".
Paragraph 12 (1) (ca):
Omit "39A", substitute "38A and subsection 67 (6)".
Sales Tax Assessment Act (No. 5) 1930
Subsection 12 (1):
Omit "27 to 38 inclusive, and Part VII,", substitute "27 to 38A
(inclusive), and".
Paragraph 12 (1) (d):
Omit "39A", substitute "38A and subsection 67 (6)".
Sales Tax Assessment Act (No. 6) 1930
Subsection 12 (1):
Omit "27 to 38 inclusive, and Parts VII,", substitute "27 to 38A
(inclusive), and Parts".
Paragraph 12 (1) (ca):
Omit "39A", substitute "38A and subsection 67 (6)".
Sales Tax Assessment Act (No. 7) 1930
Subsection 12 (1):
Omit "27 to 38 inclusive, and Parts VII,", substitute "27 to 38A
(inclusive), and Parts".
Paragraph 12 (1) (ca):
Omit "39A", substitute "38A and subsection 67 (6)".
Sales Tax Assessment Act (No. 8) 1930
Subsection 12 (1):
Omit "27 to 38 inclusive, and Parts VII,", substitute "27 to 38A
(inclusive), and Parts".
Paragraph 12 (1) (ca):
Omit "39A", substitute "38A and subsection 67 (6)".
Sales Tax Assessment Act (No. 9) 1930
Subsection 12 (1):
Omit "27 to 38 inclusive, and Part VII,", substitute "27 to 38A
(inclusive), and".
Paragraph 12 (1) (d):
Omit "39A", substitute "38A and subsection 67 (6)".
Sales Tax Assessment Act (No. 10) 1985
Subsection 12 (1):
Omit "27 to 38 (inclusive), and Parts VII,", substitute "27 to 38A
(inclusive), and Parts".
Paragraph 12 (1) (e):
Omit "39A", substitute "38A and subsection 67 (6)".
Sales Tax Assessment Act (No. 11) 1985
Subsection 16 (1):
Omit "27 to 38 (inclusive), and Parts VII,", substitute "27 to 38A
(inclusive), and Parts".
Paragraph 16 (1) (d):
Omit "39A", substitute "38A and subsection 67 (6)".
Sales Tax Procedure Act 1934
Subsection 3 (1):
Insert:
" 'this Act' includes Part IVC of the Taxation Administration Act
1953, insofar as that Part relates to a Sales Tax Assessment Act;".
Taxation Administration Act 1953
Section 3B:
Add at the end:
"(4) In this section:
'this Act' does not include Part IVC except insofar as it relates to
Part IV.".
Section 3C:
Add at the end:
"(9) In this section:
'this Act' does not include Part IVC except insofar as it relates to
Part IV.".
Section 14A:
Insert:
" 'this Part' includes Part IVC of the Taxation Administration Act
1953, insofar as that Part relates to this Part.".
After section 14D:
Insert:
Objections
"14E. An applicant who is dissatisfied with a decision of the Commissioner
to refuse an application made under section 14B may object against the
decision in the manner set out in Part IVC.".
Sections 14G to 14HG (inclusive):
Repeal the sections.
Taxation (Interest on Overpayments) Act 1983
Subsection 3 (1) (definition of "objection"):
Omit the definition, substitute:
" 'objection' means:
a taxation objection within the meaning of Part IVC of the Taxation
Administration Act 1953; or
an objection under subsection 22 (1) of the Debits Tax Administration
Act 1982; or
an objection under subsection 74 (1) or (1A) of the Australian
Capital Territory Taxation (Administration) Act 1969;".
Subsection 3 (4):
Omit the subsection, substitute:
"(4) For the purposes of this Act, an application to the Tribunal under
section 44B of the Training Guarantee (Administration) Act 1990 is taken to
be an objection.".
Taxation (Unpaid Company Tax) Assessment Act 1982
Subsection 3 (1) (definitions of "object" and "objection"):
Omit the definitions, substitute:
" 'object', in relation to an assessment, means object against the assessment
under section 175A of the Assessment Act;
'objection', in relation to an assessment, means an objection against the
assessment under section 175A of the Assessment Act;".
Subsection 4 (1):
Omit "Parts IV and V", substitute "Part IV".
Subsection 15 (9):
Omit "Division 2 of Part V of the Assessment Act", substitute "section 175A
of the Assessment Act and Part IVC of the Taxation Administration Act 1953".
Subsection 18 (3):
Omit "Division 2 of Part V of the Assessment Act", substitute "section 175A
of the Assessment Act and Part IVC of the Taxation Administration Act 1953".
Subsection 18 (8):
Omit "Division 2 of Part V of the Assessment Act", substitute "section 175A
of the Assessment Act and Part IVC of the Taxation Administration Act 1953".
Subsection 23 (1):
Omit "Division 2 of Part V of the Assessment Act", substitute "Part IVC of
the Taxation Administration Act 1953".
Training Guarantee (Administration) Act 1990
Section 4 (definition of "this Act"):
Omit the definition, substitute:
" 'this Act' includes:
the regulations; and
Part IVC of the Taxation Administration Act 1953, insofar as that
Part relates to this Act;".
Section 4 (definition of "training advisory certificate"):
Omit "61 (2)", substitute "44A (3)".
After section 44:
Insert in Division 2 of Part 6:
Review of industry training agent's refusal to give training advisory
certificate
"44A. (1) If a registered industry training agent refuses to give an
employer a training advisory certificate, the employer may apply in writing
to the training advisory body for a review of the training agent's decision.
"(2) The training advisory body may charge the employer a fee for making
the application.
"(3) On considering the application, the training advisory body must give
the employer a certificate stating whether or not the activities specified in
the application constitute an eligible training program, or the expenditure
specified in the application constitutes eligible training expenditure, as
the case requires.
"(4) The training advisory body must give the Commissioner a copy of the
certificate.
Tribunal review of training advisory certificate decisions
"44B. An employer who is dissatisfied with the decision of the training
advisory body stated in a training advisory certificate given in relation to
the employer by the training advisory body under section 44 or 44A may apply
to the Tribunal for review of the decision.".
After section 53:
Insert in Part 6:
Objections against assessments
"53A. An employer who is dissatisfied with an assessment made in relation
to the employer may object against it in the manner set out in Part IVC of
the Taxation Administration Act 1953.".
Part 7:
Repeal the Part.
Subsection 80 (3):
Omit the subsection, substitute:
"(3) A person who claims an interest in the deceased employer's estate and
who is dissatisfied with the assessment may object against it in the manner
set out in Part IVC of the Taxation Administration Act 1953.".
Subsections 80 (7) and (8):
Omit the subsections, substitute:
"(7) In spite of subsections (4), (5) and (6), if probate of the will, or
letters of administration of the estate, of the deceased employer is or are
granted to a person, and the person is dissatisfied with the assessment, the
person may object against it in the manner set out in Part IVC of the
Taxation Administration Act 1953.
"(8) Part IVC of the Taxation Administration Act 1953 applies in relation
to an objection under subsections (3) or (7) as if the person were the
deceased employer.".
Subsection 97 (1):
Omit "Part 7", substitute "Part IVC of the Taxation Administration Act
1953".
Paragraph 101A (1) (b):
Omit "61 (1A)", substitute "44A (2)".
Trust Recoupment Tax Assessment Act 1985
Subsection 4 (1):
Omit "Parts IV and V", substitute "Part IV".
Wool Tax (Administration) Act 1964
Subsection 4 (1):
Insert:
"'this Act' includes Part IVC of the Taxation Administration Act 1953,
insofar as that Part relates to this Act;".
After section 43:
Insert:
Objections against assessments
"43A. A person who is dissatisfied with an assessment made in relation to
the person may object against it in the manner set out in Part IVC of the
Taxation Administration Act 1953.".
Subsection 51 (3):
Omit the subsection, substitute:
"(3) Any person who claims an interest in the estate of the deceased and
who is dissatisfied with the assessment may object against it in the manner
set out in Part IVC of the Taxation Administration Act 1953.".
Subsection 51 (7):
Omit the subsection, substitute:
"(7) In spite of subsections (4), (5) and (6), where probate of the will,
or letters of administration of the estate, of the deceased is or are granted
to a person, and the person is dissatisfied with the assessment, the person
may object against it in the manner set out in Part IVC of the Taxation
Administration Act 1953.
"(7A) Part IVC of the Taxation Administration Act 1953 applies in relation
to an objection under subsections (3) and (7) as if the person were the
deceased person.".
Subsection 55 (1):
Insert "under Part IVC of the Taxation Administration Act 1953" after
"proceedings".
Part IX:
Repeal the Part.
The
Act No. 216, 1991 amended as indicated in the Tables below.
Act |
Number and year |
Date of Assent |
Date of commencement |
Application, saving or transitional provisions |
216, 1991 |
24 Dec 1991 |
|||
43, 1996 |
25 Oct 1996 |
Schedule 3 (item 119): 24 Dec 1991 |
— | |
75, 2010 |
28 June 2010 |
Schedule 6 (item 59): 29 June 2010 |
— |
am. = amended rep. = repealed rs. = repealed and substituted | |
Provision affected | How affected |
S. 75........................................ | am. No. 43, 1996 |
S. 103...................................... | rep. No. 75, 2010 |
0
0
0