Income Tax Act 1923

Legislation au C1923A00026 Not in force Act

Legislation content

 

INCOME TAX.

 

No. 26 of 1923.

An Act to impose Taxes upon Incomes.

[Assented to 1st September, 1923.]

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 1923.

Incorporation.

2. The Income Tax Assessment Act 1922–1923 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 payable by 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-three.

(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-four 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-four.

 

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 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 Payable by a Company.

(a) For every pound sterling of the taxable income of a Company, the rate of tax shall be one shilling.

(b) For every pound sterling 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 one shilling.

Overview

The Income Tax Act 1923 was enacted by the Commonwealth Parliament of Australia to impose taxes on incomes, specifically targeting income from personal exertion, property, and companies. This Act was introduced to address the need for a structured and systematic method of collecting taxes from various income sources to support national revenue. The Act establishes a progressive tax system with different rates for income derived from personal exertion, property, and companies, as well as additional taxes on certain income types. It also levies income tax on prizes in lotteries. The policy objective of this Act was to create a comprehensive framework for income taxation that would contribute to the financial stability and development of the nation.

Scope and Application

The Income Tax Act 1923 applies to the imposition of income tax within the Commonwealth of Australia, encompassing individuals, entities, and companies, and it covers income derived from personal exertion, property, and corporate earnings. The Act stipulates the rates of tax for various income brackets, as detailed in the schedules attached to the Act. Additionally, the Act includes a provision for an additional tax on incomes calculated under certain schedules and imposes a specific tax rate on prizes from lotteries. The income tax is levied for the financial year beginning on 1 July 1923 and extends to assessments made for the financial year beginning on 1 July 1924 before the passing of the subsequent Act for that financial year. The application of the Act is not restricted by any explicit exclusions or exemptions detailed in the provided text, but the Act allows for the extension or restriction of its application through subordinate instruments.

Key Provisions

The Income Tax Act 1923 (sections 1 to 7) establishes the framework for imposing income taxes within Australia. Section 1 provides that this Act may be cited as the Income Tax Act 1923. Section 2 incorporates the Income Tax Assessment Act 1922–1923, meaning that the provisions of the latter are read as one with the former. Section 3 states that income tax is imposed at the rates and amounts declared in the Act. The rates of income tax for different types of income are detailed in the schedules attached to the Act, with section 4 specifying rates for income from personal exertion, income derived from property, and total taxable income derived partly from personal exertion and partly from property. Section 5 mandates an additional tax of fifty-three and one-half per centum of the calculated tax for incomes falling under the First, Second, or Third Schedules. Section 6 imposes income tax on cash prizes from lotteries at a rate of twelve and one-half per centum of the gross prize money or the face value of stock, bonds, or instruments. Section 7 sets out the levy of income tax for the financial year beginning on the first day of July 1923 and applies to assessments made for the financial year beginning on the first day of July 1924. The Act imposes several obligations on the parties it governs. Individuals and companies are required to calculate their taxable income in accordance with the schedules provided in the Act, which outline progressive tax rates for different income brackets (section 4). Additionally, those who receive cash prizes from lotteries must pay income tax on the prize amount at the rate specified in section 6. Failure to comply with these obligations can lead to penalties and legal consequences. Breaches of the Act can result in both civil and criminal consequences. While the Act does not explicitly list specific offences or penalties, the general legal framework in Australia allows for the imposition of fines and imprisonment for tax evasion, fraud, or failure to comply with tax obligations. The severity of the penalties can vary depending on the nature and extent of the breach, with more serious offences potentially leading to higher fines and longer prison sentences.

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Area of Law
Taxation Law
Instrument
Act
Concepts
Definitions & Interpretation
Imposition of income tax
Rates of income tax
Levy of income tax
Offence Provisions

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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.