Income Tax and Social Services Contribution Act (No. 2)1964

Legislation au C1964A00111 Not in force Act

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INCOME TAX AND SOCIAL SERVICES CONTRIBUTION (No. 2).

 

No. 111 of 1964.

An Act to amend the Income Tax and Social Services Contribution Act 1964.

[Assented to 23rd November, 1964.]

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

Short title and citation.

1.—(1.) This Act may be cited as the Income Tax and Social Services Contribution Act (No. 2) 1964.

(2.) The Income Tax and Social Services Contribution Act 1964 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Income Tax and Social Services Contribution Acts 1964.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Imposition of income tax and social services contribution.

3. Section five of the Principal Act is amended by inserting in sub-section (3.), after the word income, the words other than a taxable income of a provident, benefit, superannuation or retirement fund to which section forty-six of the Income Tax and Social Services Contribution Assessment Act (No. 3) 1964 applies,.

Rates of tax payable by persons other than companies.

4. Section six of the Principal Act is amended by omitting sub-sections (4.) and (5.) and inserting in their stead the following sub-sections:—

(4.) Except as provided by the next two succeeding subsections, the rate of tax payable by a trustee is as set out in the Fourth Schedule to this Act.


(5.) The rates of tax payable by a trustee of a superannuation fund in respect of the investment income of the fund are as set out in Part I. of the Fifth Schedule to this Act.

(5a.) The rate of tax payable by a trustee of a provident, benefit, superannuation or retirement fund, being a fund to which section forty-six of the Income Tax and Social Services Contribution Assessment Act (No. 3) 1964 applies, in respect of the taxable income of the fund is as set out in Part II. of the Fifth Schedule to this Act..

Schedules.

5. The Fourth and Fifth Schedules to the Principal Act are repealed and the following Schedules inserted in their stead:—

FOURTH SCHEDULE.

Section 6 (4.).

Rate of Tax Payable by a Trustee other than a Trustee of a Superannuation Fund or of a Provident, Benefit, Superannuation or Retirement Fund to which Section Forty-six of the Income Tax and Social Services Contribution Assessment Act (No. 3) 1964 Applies.

For every £1 of the taxable income in respect of which a trustee, not being a trustee of a superannuation fund or of a provident, benefit, superannuation or retirement fund to which section forty-six of the Income Tax and Social Services Contribution Assessment Act (No. 3) 1964 applies, is liable, in pursuance of either section ninety-eight or section ninety-nine of the Assessment Act, to be assessed and to pay tax, the rate of tax is the rate that would be payable under the First, Second or Third Schedule, as the case requires, if one individual were liable to be assessed and to pay tax on that taxable income.

FIFTH SCHEDULE.

Section 6 (5.) and (5a.).

Part I.

Rates of Tax Payable by a Trustee of a Superannuation Fund.

In the case of a trustee of a superannuation fund, the rates of tax are—

(a) for every £1 of so much of the investment income of the fund of the year of income in respect of which the trustee is liable, in pursuance of section one hundred and twenty-one d of the Assessment Act, to be assessed and to pay tax as does not exceed Five thousand pounds—Five shillings and sixpence; and

(b) for every £1 of the remainder of that investment income—Seven shillings and sixpence.

Part II.

Rate of Tax Payable by a Trustee of a Provident, Benefit, Superannuation or Retirement Fund to which Section Forty-six of the Income Tax and Social Services Contribution Assessment Act (No. 3) 1964 applies.

For every £1 of the taxable income of a provident, benefit, superannuation or retirement fund, being a fund to which section forty-six of the Income Tax and Social Services Contribution Assessment Act (No. 3) 1964 applies, in respect of which a trustee is liable, in pursuance of sub-section (7.) of that section, to be assessed and to pay tax, the rate of tax is Ten shillings..

Overview

The Income Tax and Social Services Contribution Act (No. 2) 1964 was enacted by the Parliament of Australia to amend the Income Tax and Social Services Contribution Act 1964. This legislation was introduced to address the need for modifications in the rates and application of income tax and social security contributions. Specifically, it aimed to refine the tax treatment of different types of funds, ensuring that the tax system was fair and accurately reflected the various categories of income. The policy objective of this Act was to provide clarity and specificity in the tax obligations of trustees of different funds, particularly superannuation and retirement funds, by establishing distinct tax rates for each type.

Scope and Application

The Income Tax and Social Services Contribution Act (No. 2) 1964 amends the Income Tax and Social Services Contribution Act 1964, thereby applying to individuals and entities subject to the original Act. This includes trustees of various funds, particularly superannuation and provident, benefit, superannuation or retirement funds. The Act operates on a Commonwealth level, affecting all of Australia. Specific exclusions include taxable incomes of funds to which section forty-six of the Income Tax and Social Services Contribution Assessment Act (No. 3) 1964 applies. The Act establishes new tax rates for trustees, with distinctions made between different types of funds, as outlined in the schedules. These rates are further defined and possibly adjusted through subordinate instruments, which may include regulations or further legislative amendments.

Key Provisions

The main operative sections of the Income Tax and Social Services Contribution (No. 2) Act 1964 include amendments to the Income Tax and Social Services Contribution Act 1964. Specifically, section 3 amends the Principal Act by modifying the definition of taxable income to exclude certain types of funds (section 5(3)). Section 4 then updates the tax rates for trustees, distinguishing between different types of funds and their respective tax rates (sections 6(4), 6(5) and 6(5a)). The new rates are detailed in the Fourth and Fifth Schedules, which replace the old ones. The Act imposes specific obligations and requirements on trustees and other entities governed by the Principal Act. Trustees of superannuation funds and provident, benefit, superannuation, or retirement funds are required to calculate and pay tax on the income of these funds at the rates specified in the Fifth Schedule (section 6(5) and 6(5a)). Trustees of other types of funds must adhere to the rates set out in the Fourth Schedule (section 6(4)). These obligations necessitate precise calculations and timely tax payments to ensure compliance with the Act. The Act also delineates the consequences for non-compliance. Although the Act does not explicitly state the penalties or consequences for breaches, under the broader framework of the Income Tax and Social Services Contribution Act 1964, breaches of tax laws can result in both civil and criminal penalties. Civil penalties may include fines and interest on unpaid taxes, while criminal penalties could involve imprisonment, depending on the severity and intent of the breach. The specific penalties are determined by the courts based on the nature and extent of the non-compliance.

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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.