Income Tax and Social Services Contribution Regulations (Amendment)

Administered by Department of the Treasury

Legislation au F1997B00288 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1964. No. 74.

 

REGULATIONS UNDER THE INCOME TAX AND SOCIAL SERVICES CONTRIBUTION ASSESSMENT ACT 1936-1964.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Income Tax and Social Services Contribution Assessment Act 1936-1964.

Dated this nineteenth day of June, 1964.

E. W. WOODWARD

Administrator.

By His Excellency’s Command,

Treasurer.

 

AMENDMENTS OF THE INCOME TAX AND SOCIAL SERVICES CONTRIBUTION REGULATIONS.†

Returns by companies.

1.—(1.) Regulation 11 of the Income Tax and Social Services Contribution Regulations is amended by omitting from sub-paragraph (iii) of paragraph (c) of sub-regulation (2.) the words “One hundred and four pounds” (wherever occurring) and inserting in their stead the words “Two hundred and eight pounds”.

(2.) The amendment made by the last preceding sub-regulation applies in relation to returns in respect of income of the year of income commencing on the first day of July, One thousand nine hundred and sixty-four, and in respect of income of all succeeding years of income.

Definitions.

2. Regulation 54AA of the Income Tax and Social Services Contribution Regulations is amended by omitting from the definition of “deduction value” the words “section 82B, 82C or 82D of the Act” and inserting in their stead the words “section 82B or section 82D of the Act”.

Form of declaration as to dependants.

3.—(1.) Regulation 54C of the Income Tax and Social Services Contribution Regulations is amended—

(a) by omitting from sub-regulation (5.) the words “section 82B, 82C or 82D of the Act” and inserting in their stead the words “section 82B or section 82D of the Act”; and

 

* Notified in the Commonwealth Gazette on 25th June, 1964.

† Statutory Rules 1936, No. 94, as amended by Statutory Rules 1939, Nos. 6 and 42; 1940, Nos. 138 and 289; 1941, Nos. 120 and 327; 1942, Nos. 339 and 553; 1943, Nos. 80, 127 and 151; 1944, Nos. 90 and 124; 1945, Nos. 12, 85, 169 and 192; 1946, No. 135; 1947, Nos. 77 and 173; 1948, Nos. 115 and 162; 1949, Nos. 25 and 50; 1950, Nos. 63 and 101; 1951, Nos. 136 and 157; 1952, Nos. 89, 90 and 102; 1953, Nos. 55 and 88; 1954, Nos. 11, 99 and 112; 1955, No. 23; 1956, Nos. 34, 35 and 96; 1957, Nos. 39 and 74; 1958, Nos. 27 and 70; 1959, Nos. 25 and 81; 1960, Nos. 44 and 74; and 1962, Nos. 15 and 44 and 112 and 1963, Nos. 53 and 92.

6111/64.—PRICE 6D 9/11.6.1964.


(b) by omitting sub-regulations (6.) and (6A.) and inserting in their stead the following sub-regulations:—

“(6.) A person is not a dependant of an employee in relation to any date if—

(a) the person is, at that date, in receipt of a separate net income as defined by sub-section (5.) of section 82B of the Act at a rate exceeding One pound five shillings per week; or

(b) the person has, since the thirtieth day of June last preceding that date, derived a separate net income as so defined of such an amount that the employee would not be entitled in his assessment in respect of income of the year of income to a deduction in pursuance of section 82B of the Act in respect of that person.

“(6A.) Where a person was not a dependant of an employee during a period in a year of income of the employee by reason of the operation of paragraph (a) of the last preceding sub-regulation, but the facts and circumstances that existed during that period were such that, if they continued unchanged during the remainder of that year of income, the employee would be entitled in his assessment in respect of income of that year of income to a deduction in pursuance of section 82B of the Act in respect of that person reduced in accordance with sub-section (3.) or subsection (4.) of that section, that person shall, notwithstanding anything contained in that paragraph, be deemed to be a dependant of the employee in that year of income for a period equal to the number of weeks ascertained in accordance with the next succeeding sub-regulation.”.

(2.) The amendment made by paragraph (b) of the last preceding sub-regulation applies, and shall be deemed to have applied, in relation to declarations furnished by employees to their employers on or after the first day of October, 1963.

 

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1964 No. 74, made under the Income Tax and Social Services Contribution Assessment Act 1936-1964, aim to amend the Income Tax and Social Services Contribution Regulations. Enacted by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, these regulations were intended to address specific issues within the tax system by updating the Income Tax and Social Services Contribution Regulations. This legislative instrument was designed to ensure the tax regulations remain current and effective, reflecting changes in economic conditions and administrative requirements. The amendments include adjustments to income thresholds for company returns, modifications to definitions and criteria for deductions, and changes to the form of declarations regarding dependants. The objective is to streamline tax compliance and ensure that the tax system remains fair and efficient.

Scope and Application

The Income Tax and Social Services Contribution Assessment Act 1936-1964, as amended by the Statutory Rules 1964 No. 74, applies to individuals and entities, primarily focusing on the assessment and collection of income tax and social security contributions within the Commonwealth of Australia. This legislation encompasses the regulation of tax returns by companies, the adjustment of thresholds for certain tax-related matters, and the specification of conditions under which certain income deductions can be claimed. The regulations set forth in these statutory rules pertain to the administrative and procedural aspects of tax compliance and enforcement, impacting a broad spectrum of taxpayers and employers across various industries. The geographic reach of these regulations is nationwide, applying uniformly across all states and territories within Australia. While the Act generally applies to all taxpayers, there are specific exclusions and exemptions that may apply, such as the exclusion of certain types of income from the definition of "deduction value" and the stipulations regarding the status of dependants for tax deduction purposes. Additionally, the Act allows for the extension or restriction of its application through subordinate instruments, enabling the government to adapt the regulations to changing economic and social conditions.

Key Provisions

These Regulations, made under the Income Tax and Social Services Contribution Assessment Act 1936-1964, primarily amend the Income Tax and Social Services Contribution Regulations. Regulation 11 is modified by updating the threshold amount in sub-paragraph (iii) of paragraph (c) of sub-regulation (2.) from “One hundred and four pounds” to “Two hundred and eight pounds” (section 1). This amendment applies to returns for the year of income commencing on 1 July 1964 and all subsequent years. Additionally, the definition of “deduction value” in Regulation 54AA is altered by removing references to sections 82B, 82C, and 82D of the Act, inserting instead references to sections 82B and 82D only (section 2). Furthermore, Regulation 54C is amended to adjust the criteria for determining an employee's dependants, modifying sub-regulation (5.) to exclude references to sections 82B, 82C, and 82D of the Act, and adding new sub-regulations (6.) and (6A.) that specify conditions under which a person may be deemed a dependant despite earning a separate net income (section 3). The Regulations impose specific obligations on companies and employees regarding income tax returns and declarations about dependants. Companies are required to update their returns to reflect the new threshold amounts as specified in Regulation 11. Employees must accurately declare their dependants according to the new criteria set out in Regulation 54C, ensuring that they adhere to the specified income limits and conditions for claiming deductions for dependants. These obligations necessitate that both companies and employees review and possibly amend their tax documentation to comply with the updated Regulations. Failure to comply with the amended Regulations can result in legal consequences. While specific penalties are not detailed in the excerpt provided, breaches of tax regulations under the Income Tax and Social Services Contribution Assessment Act 1936-1964 can typically lead to financial penalties, interest on unpaid taxes, and potentially legal action by the Australian Taxation Office. The severity of penalties can vary depending on the nature and extent of the non-compliance, with more significant breaches potentially leading to higher fines or even criminal charges in severe cases.

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