INCOME TAX AND SOCIAL SERVICES CONTRIBUTION ASSESSMENT.
No. 25 of 1956.
An Act to amend the Income Tax and Social Services Contribution Assessment Act 1936–1955, and for other purposes.
[Assented to 23rd May, 1956.]
[Date of commencement, 20th June, 1956.]
BE it enacted by the Queen’s 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 Assessment Act 1956.
(2.) The Income Tax and Social Services Contribution Assessment Act 1936–1955 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 Assessment Act 1936–1956.
Exemption of income from mining and treating uranium.
2. Section twenty-three d of the Principal Act is amended by omitting from sub-section (1.) the words “One thousand nine hundred and sixty” and inserting in their stead the words “One thousand nine hundred and sixty-five”.
Special depreciation allowance to primary producers.
3.—(1.) Section fifty-seven aa of the Principal Act is amended—
(a) by omitting sub-paragraph (ii) of paragraph (a) of sub-section (3.) and inserting in its stead the following sub-paragraph:—
“(ii) before the first day of July, One thousand nine hundred and fifty-nine, or, if the construction of the unit was commenced on or before that date, before the first day of July, One thousand nine hundred and sixty;”;
(b) by omitting sub-paragraph (ii) of paragraph (b) of sub-section (3.) and inserting in its stead the following sub-paragraph:—
“(ii) before the first day of July, One thousand nine hundred and fifty-nine; or” ; and
(c) by omitting from sub-section (4.) the words “Two thousand pounds” (wherever occurring) and inserting in their stead the words “Two thousand seven hundred and fifty pounds”.
(2.) The amendment made by paragraph (c) of the last preceding sub-section does not apply in relation to a structural improvement the construction of which was commenced before the first day of July, One thousand nine hundred and fifty-six.
Additional tax on undistributed amounts of private companies.
4. For the purposes of the application of section one hundred and four of the Principal Act, as amended by this Act, in relation to assessments of income tax and social services contribution imposed by the Income Tax and Social Services Contribution (Companies) Act 1956, that last-mentioned Act shall be deemed to be the Act imposing income tax for the year of tax.
Overview
The Income Tax and Social Services Contribution Assessment Act 1956 was enacted to amend the Income Tax and Social Services Contribution Assessment Act 1936–1955 and address certain fiscal and taxation issues. This Act was assented to on 23 May 1956 and commenced on 20 June 1956, reflecting the legislative intent to promptly update tax policies to better align with economic conditions and needs of the time. The Act was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, indicating a broad consensus on the need for these amendments. While the specific policy objectives are not detailed within the text, the amendments likely aimed to refine tax assessments and benefits, particularly in relation to income from mining and treating uranium, depreciation allowances for primary producers, and additional taxes on undistributed amounts of private companies.
Scope and Application
The Income Tax and Social Services Contribution Assessment Act 1956 applies to individuals, entities, and industries within Australia, governing the assessment of income tax and social services contributions. This Act amends the Income Tax and Social Services Contribution Assessment Act 1936–1955, with specific changes including the exemption of income from mining and treating uranium, adjustments to the special depreciation allowance for primary producers, and the imposition of additional tax on undistributed amounts of private companies. The Act is jurisdictional in scope, applying across the Commonwealth of Australia, and extends its application through subordinate instruments to ensure comprehensive coverage. There are no stated exclusions or exemptions in the Act itself, but specific provisions address certain thresholds and conditions that must be met for various allowances and deductions.
Key Provisions
The Income Tax and Social Services Contribution Assessment Act 1956 introduces several key amendments to the existing legislation, primarily focusing on changes to the exemption of uranium-related income, depreciation allowances for primary producers, and additional tax provisions for private companies. Under section 2, the amendment modifies the exemption of income from mining and treating uranium by updating the date from 1960 to 1965. This change can be found in the amendment to section twenty-three d of the Principal Act.
Section 3 of the Act alters the depreciation allowances for primary producers. The amendment to section fifty-seven aa of the Principal Act changes the eligibility criteria for a special depreciation allowance. Specifically, it updates the dates for when the construction of a unit must commence and be completed to qualify for the allowance. Additionally, the threshold for qualifying assets is increased from £2,000 to £2,750, though this does not apply to structural improvements commenced before 1 July 1956.
The obligations imposed by the Act require taxpayers and primary producers to adhere to the updated timelines and thresholds set forth. For example, taxpayers must ensure that any income from uranium mining or treatment activities is correctly classified under the new exemption criteria. Similarly, primary producers must be aware of the revised dates and asset value thresholds to correctly claim depreciation allowances.
Failure to comply with the provisions of this Act may result in penalties or additional taxes being imposed. For instance, under section one hundred and four of the Principal Act, private companies may be subject to additional tax on undistributed amounts if they do not meet the new requirements outlined in the Act. While specific penalties are not detailed in the text, it is understood that non-compliance could lead to financial repercussions, including interest on unpaid taxes and potential legal action.