Income Tax Act 1924

Legislation au C1924A00050 Not in force Act

Legislation content

income tax.

 

No. 50 of 1924.

An Act to impose Taxes upon Incomes.

[Assented to 20th October, 1924.]

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 1924.

Incorporation.

2. The Income Tax Assessment Act 19221924 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). Notwithstanding anything contained in the last three preceding sub-sections, where a person would, apart from this sub-section, be liable to pay income tax of an amount less than One pound the tax payable by that person shall be One pound.

(5.) 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 thirty-eight 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 prior to a date to be fixed by Proclamation, 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 and, in respect of any such prize won on or after the date so fixed, no income tax shall be payable.

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-four.

(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-five 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-five.

 

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.

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 1924 was enacted to establish a framework for the imposition of taxes on incomes within Australia. Passed by the Commonwealth Parliament, this Act aimed to address the need for a structured and systematic approach to taxing income derived from personal exertion, property, and companies. The Act sought to ensure a fair and equitable distribution of the tax burden across various income sources, while also providing specific provisions for taxing lottery prizes. By setting out detailed tax rates and schedules, the Act aimed to provide clarity and predictability in the taxation of incomes, addressing a gap in existing legislation and facilitating the efficient collection of revenue to support national expenditures.

Scope and Application

The Income Tax Act 1924 applies to all individuals and entities within the Commonwealth of Australia, imposing income tax on their incomes. The Act includes provisions for determining the tax payable on income derived from personal exertion, income derived from property, and income derived partly from personal exertion and partly from property. Additionally, it imposes tax on income derived by companies and on prizes in lotteries. The Act specifies different rates of tax for various income brackets, with a minimum tax threshold of one pound. Subordinate instruments, such as regulations or assessments, may further define the application of this Act, but the primary provisions are set out within the schedules of the Act itself. The Act applies to financial years beginning on the first day of July 1924 and 1925, as well as to assessments made for the 1925 financial year prior to the passing of subsequent tax legislation.

Key Provisions

The Income Tax Act 1924 primarily imposes income tax at the rates and amounts declared in the Act (s. 3). The Act specifies the rates for income derived from personal exertion (s. 4(1)), income derived from property (s. 4(2)), and a total taxable income derived partly from personal exertion and partly from property (s. 4(3)). The rates for company income tax are also outlined in the Act (s. 4(5)). Additionally, the Act imposes an additional tax, equal to thirty-eight percent of the amount of the tax calculated under the preceding provisions, on incomes falling under the First, Second, or Third Schedules (s. 5). Prizes won in lotteries before a specified date are subject to income tax at the rate of twelve and one-half percent of the gross prize money or the face value of the stock, bonds, or instruments (s. 6). The Act requires individuals and entities subject to it to declare and pay income tax according to the specified rates and schedules. For instance, taxpayers must calculate their tax based on their income from personal exertion, property, or a combination of both, and companies must pay tax on their taxable income at a flat rate of one shilling per pound sterling (s. 4). Taxpayers are also required to declare any income from lottery prizes and pay the corresponding tax if the prize was won before the specified date (s. 6). The Act imposes several penalties for non-compliance. Firstly, taxpayers who fail to declare their income or who understate their taxable income can face fines and imprisonment. Section 7 of the Act specifies the financial year for which income tax is levied and mandates compliance with the Act for assessments made before the passing of the subsequent Act for the financial year beginning on the first day of July 1925. Additionally, failure to pay the additional tax specified in section 5 can result in further penalties. While the Act does not explicitly state maximum penalties for non-compliance, taxpayers can expect to face fines and potential imprisonment for serious breaches of the Act.

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Area of Law
Taxation Law
Instrument
Act
Concepts
Definitions & Interpretation
Imposition of income tax
Reporting & Disclosure Obligations
Enforcement Powers
Offence Provisions
Compliance Obligations

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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.