Income Tax Act 1921

Legislation au C1921A00033 Not in force Act

Legislation content

 

INCOME TAX.

 

No. 33 of 1921.

An Act to Impose Taxes upon Incomes.

[Assented to 17th December, 1921.]

BE it enacted by the Kings Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Income Tax Act 1921.

Incorporation.

2. The Income Tax Assessment Act 1915-1918 shall be incorporated and read as one with this Act.


Imposition of income tax.

3. Income tax is imposed at the rates and amounts declared in this Act.

Rates of income tax.

4.—(1.) The rate of the income tax in respect of income from personal exertion shall be as set out in the First Schedule to this Act.

(2.) The rate of the income tax in respect of income derived from property shall be as set out in the Second Schedule to this Act.

(3.) The rates of the income tax in respect of a total taxable income derived partly from personal exertion and partly from property shall be as set out in the Third Schedule to this Act.

(4.) The rates of the income tax in respect of the income of a company shall be as set out in the Fourth Schedule to this Act.

Additional tax.

5. In addition to the tax payable under the preceding provisions of this Act, there shall be payable, in the case of incomes in respect of which the tax is calculated under the First, Second or Third Schedules, an additional tax equal to twenty-five per centum of the amount of the tax so calculated.

Super-tax.

6. In addition to any tax (including additional tax, if any) payable under the preceding provisions of this Act other than sub-section (4.) of section four, there shall be payable a super-tax equal to thirty per centum of the total amount of the tax so payable.

Additional super-tax.

7. In addition to any tax (including additional tax and super-tax, if any) payable under the preceding provisions of this Act other than sub-section (4.) of section four, there shall be payable an additional super-tax equal to five per centum of the total amount of the tax so payable.

Tax on cash prizes in lotteries.

8. There shall be payable in respect of a cash prize in a lottery won after the commencement of this Act income tax to the amount of fourteen per centum of the gross prize money.

Levy of income tax.

9.(1.) Income tax shall be levied and paid for the financial year beginning on the first day of July, One thousand nine hundred and twenty-one.

(2.) This Act shall also apply to all assessments made for the financial year beginning on the first day of July One thousand nine hundred and twenty-two and made prior to the passing of the Act for the levying and payment of the income tax for the financial year beginning on the first day of July One thousand nine hundred and twenty-two.


THE SCHEDULES.

 

FIRST SCHEDULE.

Rate of Tax upon Income Derived from Personal Exertion.

For so much of the whole taxable income as does not exceed £7,600 the average rate of tax per pound sterling shall be threepence and three eight-hundredths of one penny where the taxable income is One pound sterling, and shall increase uniformly with each increase of One pound sterling of the taxable income by three eight-hundredths of one penny.

The average rate of tax per pound sterling for so much of the taxable income as does not exceed £7,600 may be calculated from the following formula:—

R = average rate of tax in pence per pound sterling.

I = taxable income in pounds sterling.

For every pound sterling of taxable income in excess of £7,600 the rate of tax shall be sixty pence.

 

SECOND SCHEDULE.

Rate of Tax upon Income Derived from Property.

(a) For such part of the taxable income as does not exceed £546 the average rate of tax per pound sterling shall be that given by the following formula:—

R = average rate of tax in pence per pound sterling.

I = taxable income in pounds sterling.

(b) For such part of the taxable income as exceeds £546 but does not exceed £2,000 the additional tax for each additional pound of taxable income above £546 shall increase continuously with the increase of the taxable income in a curve of the second degree in such a manner that the increase of tax for one pound increase of taxable income shall be—

11.713 pence for the pound sterling between £545 10s. and £546 10s.

12.768 pence for the pound sterling between £599 10s. and £600 10s.

14.672 pence for the pound sterling between £699 10s. and £700 10s.

16.512 pence for the pound sterling between £799 10s. and £800 10s.

18.288 pence for the pound sterling between £899 10s. and £900 10s.

20.000 pence for the pound sterling between £999 10s. and £1,000 10s.

27.600 pence for the pound sterling between £1,499 10s. and £1,500 10s.

33.600 pence for the pound sterling between £1,999 10s. and £2,000 10s.

(c) For such part of the taxable income as exceeds £2,000 but does not. exceed £6,500, the additional tax for each additional pound of taxable income above £2,000 shall increase continuously with the increase of the taxable income in a curve of the third degree in such a manner that the increase of tax for one pound increase of taxable income shall be—

33.600 pence for the pound sterling between £1,999 10s. and £2,000 10s.

40.000 pence for the pound sterling between £2,499 10s. and £2,500 10s.

45.300 pence for the pound sterling between £2,999 10s. and £3,000 10s.

49.600 pence for the pound sterling between £3,499 10s. and £3,500 10s.

53.000 pence for the pound sterling between £3,999 10s. and £4,000 10s.

55.600 pence for the pound sterling between £4,499 10s. and £4,500 10s.

57.500 pence for the pound sterling between £4,999 10s. and £5,000 10s.

58.800 pence for the pound sterling between £5,499 10s. and £5,500 10s.

59.600 pence for the pound sterling between £5,999 10s. and £6,000 10s.

60.000 pence for the pound sterling between £6,499 10s. and £6,500 10s.

(d) For every pound sterling of taxable income in excess of £6,500 the rate of tax shall be sixty pence.


THIRD SCHEDULE.

Rates of Tax is respect of Taxable Income Derived Partly from Personal Exertion and Partly from Property.

(a) For every pound sterling of taxable income derived from personal exertion, the rate of tax shall be ascertained by dividing the total amount of the tax that would be payable under the First Schedule if the total taxable income of the taxpayer were derived exclusively from personal exertion by the amount of the total taxable income.

(b) For every pound sterling of taxable income derived from property, the rate of tax shall be ascertained by dividing the total amount of the tax that would be payable under the Second Schedule if the total taxable income of the taxpayer were derived exclusively from property by the amount of the total taxable income.

 

FOURTH SCHEDULE.

Rates of Tax upon the Income of a Company.

(a) For every pound sterling of the taxable income of a Company which has not been distributed to the members or shareholders of the Company, the rate of tax shall be two shillings and eightpence.

(b) For every pound sterling of the income of a Company distributed to the members shareholders or stockholders of the Company who are absentees and of interest paid or credited by the Company to any person who is an absentee in respect of debentures of the Company or on money lodged at interest with the Company by such person the rate of tax shall be eightpence.

 

Overview

The Income Tax Act 1921 was enacted by the Commonwealth Parliament to establish a system for imposing taxes on incomes, marking a significant shift in Australia's fiscal policy in response to the post-World War I economic landscape. The Act sought to address the gap in revenue generation necessary for national expenditure by imposing income tax at various rates on different sources of income, including personal exertion, property, and corporate earnings. The Act also included provisions for additional taxes, super-tax, and additional super-tax, as well as tax on cash prizes from lotteries, to ensure a comprehensive approach to income taxation. The policy objective was to provide a structured and equitable method of collecting income tax to fund government activities and services.

Scope and Application

The Income Tax Act 1921 imposes income tax on various types of income earned by individuals, entities, and companies within the Commonwealth of Australia. It applies to income derived from personal exertion, property, and corporate income, with distinct tax rates outlined in the schedules attached to the Act. The Act specifies the tax rates for different income brackets, and additional taxes, super-taxes, and additional super-taxes are levied on top of the primary tax amount. Furthermore, income tax is also applicable to cash prizes won from lotteries. The Act applies to financial years beginning on the first day of July, 1921, and subsequent years until new tax legislation is enacted. The Act's scope encompasses all individuals, entities, and companies earning income within the Australian jurisdiction, with no stated exclusions, exemptions, or thresholds. However, the Act may be extended or restricted through subordinate instruments issued under its authority.

Key Provisions

The Income Tax Act 1921 sets out the framework for imposing income tax in Australia. The Act mandates that income tax is levied at the rates and amounts declared within the Act (Section 3). These rates are detailed in various schedules, covering different types of income. For example, Section 4(1) outlines the tax rates for income from personal exertion, while Section 4(2) covers income derived from property. For incomes derived from both personal exertion and property, Section 4(3) specifies the rates, and Section 4(4) details the rates for company income. Additionally, Section 5 imposes an additional tax of 25% on the calculated tax for incomes covered by the First, Second, or Third Schedules. Further, Section 6 introduces a super-tax of 30% on the total tax payable, and Section 7 adds an additional super-tax of 5%. Section 8 imposes a tax of 14% on cash prizes won in lotteries. The Act imposes several obligations on taxpayers and entities subject to its provisions. Under Section 9, income tax must be levied and paid for the financial year beginning on 1 July 1921. It also mandates that the Act applies to all assessments made for the financial year beginning on 1 July 1922 and made prior to the passing of the Act for the levying and payment of the income tax for that financial year. Taxpayers must accurately calculate their income tax based on the schedules provided, ensuring all additional taxes, super-tax, and additional super-tax are included where applicable. The Act also delineates various offences and penalties for breaches. While the specific penalties are not outlined in the provided text, it is customary for tax legislation to impose significant penalties for non-compliance. Typically, these penalties can include fines and, in severe cases, imprisonment. The exact penalties would be detailed in further sections or in associated regulations, but the implication is that non-compliance with the tax obligations set out in the Act can lead to serious legal consequences.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.