Unemployment Relief Tax (Management) Amendment Act 1940 (NSW)
272 Unemployment Relief Tax (Management) Amend
ment Act.
UNEMPLOYMENT RELIEF TAX (MANAGE
MENT) AMENDMENT ACT.
Act No. 22, 1940.
cfeorge VL An Act to amend the Unemployment Relief Tax
’ — ' (Management) Act, 1939-1940, in certain
respects; and for purposes connected there with, [Assented to, 1st November, 1940.}
T )E it enacted by the King’s Most Excellent Majesty, I f by and with the advice and consent of the Legis lative Council and Legislative Assembly of New South. Wales in Parliament assembled, and by the authority of the same, as follows :—•
Short title
| and cita | 1. (1) This Act may be cited as the “ Unemployment |
| tion. | Relief Tax (Management) Amendment Act, 1940.” | |
| (2) The Unemployment Relief Tax (Manage ment) Act, 1939-1940, as amended by this Act, may be cited as the Unemployment Relief Tax (Management) | ||
|
| Amendment | 2 . The Unemployment Relief Tax (Management) Act, |
| i3 oM^ 9 | 1939-1940, is amended— |
| See. 2. | (a) by omitting from subsection two of section two “ Dependant” means a person who resides in Australia and who is wholly main tained by the taxpayer and who is the spouse of the taxpayer or is a child under the age of sixteen years. |
| fUefini- | the definition of “ Dependant” and by inserting in lieu thereof the following definition:— |
For the purposes of the application of this definition to any provision con tained in Part III of this Act a spouse shall be deemed to be wholly main tained if the net amount of income
derived
| Unemployment Relief Tax (Management) Amend- | 273 |
ment Act.
No. 22, 1940.
derived by such spouse from all sources during the year of income did not exceed one hundred pounds.
For the purposes of the applica tion of this definition to any provision contained in Part V of this Act a spouse shall be deemed to be wholly maintained if the net amount of income derived by such spouse from all sources during the year next preceding the year of income did not exceed one hundred pounds. •
(b) (i) by omitting from paragraph (hi) of sub- Sec. io(l),
section one of section ten the words “ is (Exemp-
less than” and by inserting in lieu thereof
the words “ does not exceed” ;
(ii) by omitting from the same paragraph the word “ eighteen” and by inserting in lieu thereof the word “ twenty” ;
(iii) by inserting in paragraph (il) of the same subsection after the words “ one thousand nine hundred and forty” the words “ and before the first day of August, one thou sand nine hundred and forty” ;
(iv) by omitting the proviso to the same paragraph;
(v) by inserting next after the same paragraph the following new paragraph:—
(i2) the income from employment of an employee derived after the thirty- first day of July, one thousand nine hundred and forty, while he is in receipt of such income at a rate not exceeding three pounds per week or the equivalent hourly or daily rate or where the employee has a dependant while he is in receipt of such income at a rate not exceeding four pounds five shillings per week or the equivalent hourly or daily ra te :
Provided
274 Unemployment Relief Tax (Management) Amend
ment Act.
tfo. 22, 1940.
Provided that neither this exemp tion nor the exemption referred to in paragraph (il) of this subsection shall apply to any income from employment derived during any year of income subsequent to the year of income ended on the thirtieth day of June, one thousand nine hundred and thirty-nine, by an employee whose total income from all sources during the year of income exceeds one hundred and fifty-six pounds or where the employee has a dependant exceeds two hundred and twenty pounds in either of which cases such income from employment shall be deemed to be net assessable income of the year of income in which it is derived.
(vi) by inserting in paragraph (k) of the same subsection, after the word “ others” , the words “ , being non-residents, who are”
| Sec. 12 (6). | (c) (i) by omitting the proviso to paragraph (b) of |
| (Deductions |
| to a | subsection six of section twelve and by |
| company | inserting in lieu thereof the following |
| dividends.) | |
| in respect of | provisos:— |
| Provided that where a dividend is appropriated wholly and exclusively from profits, other than the profits or incomes specified in paragraphs (a), (b), (c), (d) or (f) of section fifty-three of the Principal Act, the profits or incomes so specified shall be excluded from the apportionment under this paragraph: | |
| Provided further that where a dividend is appropriated wholly and exclusively from one or more of the profits or incomes specified in paragraphs (a), (b), (c), (d) or (f) of section fifty-three of the Principal Act that dividend and the profits or incomes so appropriated shall be excluded from the apportionment under this paragraph. |
(ii)
| Unemployment Relief Tax (Management) Amend- | 275': |
| ment Act. | „ „„ | Ko. 22, 1940. |
(ii) by inserting at the end of the same section the following new subsection:—
(7) Subsection six of this section shall not apply to allow any deduction in respect of a dividend appropriated wholly and exclusively from one or more of the profits or incomes specified in paragraphs (a), (b), (c), (d) or (f) of section fifty-three of the Principal Act.
| ‘ | (d) (i) by omitting from subsection one of section See. u . |
| fourteen the word “ two-thirds” and by | . | . | T | ,1 | i? | il | ' t LLi i | tax from net |
inserting in lieu tnereoi the word ‘nve- assessable
| sevenths” ; | income.) |
(ii) by inserting at the end of subsection two of the same section the following words:—
“ For this purpose the amount of dividend so included shall be deemed to be the amount remaining after deducting from the amount of dividend included in the assessable income deductions allowable to him from income from dividends” ;
| ■ | (iii) by omitting from subsection four of the same section the words “ of seventeen shillings and fourpence” and by inserting in lieu thereof the words “ equivalent to five-sevenths of twenty-six shillings” ; | |||
|
(8) Where the Commissioner is satis fied that a rebate of State Income Tax is allowable under section thirty-six of the Principal Act in respect of profit arising from the sale in this State of goods
produced,
276 Unemployment Relief Tax (Management) Amend
| No. 22, 1940. | ment Act. |
produced, manufactured or partly manu factured out of Australia, he shall allow a rebate as follows:—
| (a) | where the goods are wholly produced or manufactured out of Australia— a rebate of one-half of the tax payable under this Act on the profit; or |
| (b) | where the goods are subject to further processes of manufacture in Australia—a rebate of an amount determined by the Commissioner not exceeding one-half of the tax payable under this Act on the profit. |
| (9) | Where the amount of tax which |
would, but for this subsection, be payable by a person (other than a company), domiciled in this State exceeds five-sevenths of the ditference between his total income from all sources during the year of income and—
| (a) | the sum of one hundred and fifty-six pounds—where such person has no dependant; or |
| (b) | the sum of two hundred and twenty pounds—where such person has a dependant, |
such person shall be entitled to a rebate of tax in his assessment of a sum equivalent to such excess.
Sec. 21.
| (Rebate from | (e) by omitting from subsection one of section |
| tax upon | twenty-one the word “ fourpence” and by |
| income from | |
| employment.) | inserting in lieu thereof the words “ five- sevenths of sixpence.” |
| New | (f) by inserting next after section twenty-one the |
| sec. 2lA. |
| (Further | following new section— |
| rebate.) | 21a. Where the amount of tax upon income from employment which would, but for this sec tion, be payable by an employee in respect of |
'
| \ | any |
| Unemployment Relief Tax Act. | 277. |
| any wook exceeds five-sevenths of the difference | No. 22, 1940. |
| ijehveen tlie income i'rom employment earned by him in that week and— |
| (a) | the sum of three ponnds—whore the eniidoyee has no dependant; or |
| (b) | the Slim of four pounds five shillings —where the employee has a dependant, |
such employee shall be entitled to a rebate from
the tax of a sum equivalent to such excess.
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