Income Tax Act 1922

Legislation au C1922A00038 Not in force Act

Legislation content

 

INCOME TAX.

 

No. 38 of 1922.

An Act to Impose Taxes upon Incomes.

[Assented to 18th October, 1922.]

Be 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 1922.

Incorporation.

2. The Income Tax Assessment Act 1922 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 fifty-three and one-half per centum of the amount of the tax so calculated.

Tax on prizes in lotteries.

6. There shall be payable in respect of a prize in a lottery paid in cash or by means of inscribed stock or bonds or other negotiable instruments, and won after the commencement of this Act, income tax to the amount of twelve and one-half per centum of the gross prize money, or of the face value of the stock, bonds or instruments.

Levy of income tax.

7.—(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-two.

(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-three 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-three.

 

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 in 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 lax 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 fivepence.

(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 sevenpence.

Overview

The Income Tax Act 1922 was enacted to introduce a system of income tax in Australia. Assented to by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, this legislation was introduced to address the need for a structured and systematic approach to collecting taxes on income. The Act establishes the imposition of income tax at specified rates and amounts, providing a framework for the taxation of income from personal exertion, property, and companies, as well as additional taxes and levies on certain income sources such as lottery prizes. The policy objective of the Act is to provide for the orderly and fair collection of income tax for the financial years beginning on the first day of July 1922 and subsequent years, as amended by subsequent legislation.

Scope and Application

The Income Tax Act 1922 applies to individuals, companies, and entities within the Commonwealth of Australia, imposing income tax at the rates and amounts declared in the Act. The Act specifies different tax rates for income derived from personal exertion, property, and income of a company, with additional tax provisions for certain categories of income. It also includes a tax on prizes in lotteries won after the Act's commencement. The Act provides for the levy of income tax for the financial year beginning on the first day of July 1922 and extends to assessments made for the financial year beginning on the first day of July 1923 prior to the passing of the subsequent Act for that year. The Act incorporates the Income Tax Assessment Act 1922 and its provisions may be further extended or restricted through subordinate instruments.

Key Provisions

The Income Tax Act 1922, as set forth, establishes the framework for imposing income taxes in Australia. The primary provisions of the Act are detailed in sections 3 through 7. Section 3 imposes income tax at rates and amounts specified within the Act, while sections 4 and 5 detail the specific rates of income tax applicable to different sources of income and an additional tax provision, respectively. Section 6 mandates the payment of income tax on prizes from lotteries, and section 7 outlines the levying and payment schedule for income tax, beginning with the financial year starting 1 July 1922. The Act imposes several obligations on the parties it governs. Taxpayers are required to calculate their income tax liability based on the schedules provided in sections 4 and 5, ensuring that they account for all applicable tax rates. For personal income, the rates are graduated, increasing with the amount of income earned, as detailed in the First Schedule. For income derived from property, the tax rates also increase with the income amount, as specified in the Second Schedule. For mixed income sources, taxpayers must calculate the tax based on the proportions of income derived from personal exertion and property, as outlined in the Third Schedule. Companies are subject to specific tax rates for undistributed income and for income distributed to absentee shareholders or interest paid to absentees, as set out in the Fourth Schedule. There are several consequences for non-compliance with the Act. While the Act itself does not explicitly state offences or penalties, it is reasonable to infer that failure to pay the taxes as required could lead to civil or criminal penalties under other relevant laws. Typically, under Australian tax law, penalties for non-compliance can include fines, imprisonment, or both, depending on the severity and intent behind the non-compliance. The exact penalties would be determined in accordance with other applicable tax legislation, such as the Taxation Administration Act 1953.

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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.