Income Tax and Social Services Contribution Regulations (Amendment)

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Legislation au F1997B00292 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1965 No. 187

 

REGULATIONS UNDER THE INCOME TAX ASSESSMENT ACT 1936-1965.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Income Tax Assessment Act 1936-1965.

Dated this fourteenth day of December, 1965.

Governor-General.

By His Excellency’s Command,

Treasurer.

 

AMENDMENTS OF THE INCOME TAX AND SOCIAL SERVICES CONTRIBUTION REGULATIONS

Short title.

1. Regulation 1 of the Income Tax and Social Services Contribution Regulations is amended by omitting the words “and Social Services Contribution”.

Parts.

2. Regulation 2 of the Income Tax and Social Services Contribution Regulations is amended—

(a) by omitting the words—

“Division 2.—Collection of Income Tax and Social Services Contribution by Instalments—”

and inserting in their stead the words—

“Division 2.—Collection of Income Tax by Instalments—”; and

(b) by omitting the words—

“Division 3.—Provisional Tax and Contribution (Regulation 54ZE).”

and inserting in their stead the words—

“Division 3.—Provisional Tax (Regulation 54ZE).”.

 

* Notified in the Commonwealth Gazette on 14th December, 1964.

† Statutory Rules 1936, No. 94, as amended to date. For previous amendments of the Income Tax and Social Services Contribution Regulation, see footnote † to Statutory Rules 1965, No. 133, and see also Statutory Rules 1965, Nos. 133.

15216/65.—Price 9d (8c). 9/3.12.1965


3. After regulation 4ac of the Income Tax and Social Services Contribution Regulations the following regulation is inserted:—

Special areas for purposes of section 23ac.

“4ad.—(1.) By reason of a state of disturbance in or affecting Borneo, the area specified in the Fourth Schedule to these Regulations, being an area outside Australia, shall be deemed to have become, on the first day of July, 1965, a special area for the purposes of section 23ac of the Act.

“(2.) By reason of a state of disturbance in or affecting Vietnam (Southern Zone), the territory of Vietnam (Southern Zone), being an area outside Australia, shall be deemed to have become, on the first day of July, 1965, a special area for the purposes of section 23ac of the Act.”.

Heading to Division 2 of Part VI.

4. The heading to Division 2 of Part VI. of the Income Tax and Social Services Contribution Regulations is amended by omitting the words “and Social Services Contribution”.

5. Division 3 of Part VI. of the Income Tax and Social Services Contribution Regulations is repealed and the following Division inserted in its stead:—

“Division 3.—Provisional Tax.

Provisional tax for year of income 1965-1966.

“54ze. For the purposes of sub-section (2.) of section 221yc of the Act, the manner in which the provisional tax otherwise payable by a taxpayer in respect of the income of the year of income ending on the thirtieth day of June, 1966, shall be increased is by increasing that provisional tax to an amount equal to the amount of provisional tax that would be payable—

(a) in a case where the provisional income of the taxpayer in respect of that year of income is equal to his taxable income for the year next preceding that year of income—if the amount of income tax assessed in respect of the taxable income of that next preceding year were increased by an amount equal to two and one-half per centum of the amount of that income tax; or

(b) in any other case—if the amount of income tax that would have been payable in respect of the taxable income of that next preceding year if the taxable income had been equal to the provisional income were increased by an amount equal to two and one-half per centum of the amount of that income tax.”.

Form 4.

6. Form 4 in the First Schedule to the Income Tax and Social Services Contribution Regulations is amended by omitting the words—

Income Tax and Social Services Contribution Assessment Act 1936-19 .”

and inserting in their stead the words—

Income Tax Assessment Act 1936-19 .”.

Form 10.

7. Form 10 in the First Schedule to the Income Tax and Social Services Contribution Regulations is amended by omitting the words “Income Tax and Social Services Contribution Assessment Act 1936-19              ,” and inserting in their stead the words “Income Tax Assessment Act 1936-19              ,”.


Fourth Schedule.

8. The Income Tax and Social Services Contribution Regulations are amended by adding at the end thereof the following Schedule:—

“FOURTH SCHEDULE

Regulation 4ad.

Area Relating to Borneo

“All that area of land and waters (other than islands and waters forming part of the territory of the Republic of the Philippines) bounded by a line commencing at the intersection of the northern shore of Borneo at high-water mark with the boundary between Kalimantan and Sarawak; thence proceeding generally south-easterly, easterly and northerly along that boundary to its junction with the boundary between Kalimantan and Sabah; thence proceeding generally easterly along that boundary to its intersection with the eastern shore of Borneo at high-water mark; thence proceeding in a straight line easterly to the intersection of the western shore of the island of Sebatik at high-water mark with the boundary between that part of that island that forms part of Sabah and that part of that island that forms part of Kalimantan; thence proceeding generally easterly along that boundary to its intersection with the eastern shore of the island of Sebatik at high-water mark; thence proceeding in a straight line easterly to a point 50 miles east (true) of the intersection of the eastern shore of Borneo at high-water mark with the boundary between Kalimantan and Sabah; thence proceeding generally northerly and south-westerly parallel to and at a distance of 50 miles from the eastern and northern shores, respectively, of Borneo at high-water mark to a point 50 miles north (true) of the point of commencement; thence proceeding in a straight line southerly to the point of commencement.”.

 

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

Overview

Statutory Rules 1965 No. 187, made under the Income Tax Assessment Act 1936-1965, were introduced to address the need for adjustments in tax regulations due to the cessation of the Social Services Contribution. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council, these regulations were issued on 14 December 1965 and notified in the Commonwealth Gazette on the same day. The objective of these amendments was to streamline the collection and provisional tax processes by removing references to the Social Services Contribution, thereby simplifying the regulatory framework in response to the evolving tax environment. This legislative instrument reflects the policy objective of adapting tax regulations to current economic conditions, ensuring they remain relevant and effective.

Scope and Application

The Statutory Rules 1965 No. 187, which make regulations under the Income Tax Assessment Act 1936-1965, primarily apply to taxpayers and entities involved in income tax matters within Australia. The regulations focus on amendments to the Income Tax and Social Services Contribution Regulations, particularly concerning the collection of income tax by instalments and provisional tax. These amendments were necessitated by the removal of social services contributions from the regulatory framework, as reflected in the revised headings and divisions. The regulations also extend to areas outside Australia, specifically Borneo and Vietnam (Southern Zone), which have been designated as special areas for tax purposes due to disturbances in these regions. The geographic reach of these regulations is national, affecting all taxpayers within the Commonwealth of Australia, while the inclusion of specific areas outside Australia indicates an extension of the jurisdictional scope for certain tax-related purposes. Exclusions and exemptions are addressed through the repeal of specific divisions related to social services contributions and the amendment of forms and schedules to reflect the updated regulatory framework.

Key Provisions

The primary sections of these regulations involve amendments to the Income Tax and Social Services Contribution Regulations under the Income Tax Assessment Act 1936-1965, aimed at updating the regulatory framework to align with changes in the legislative landscape. Specifically, the regulation modifies the title of the existing regulations (section 1), eliminates references to Social Services Contribution (sections 2(a) and 2(b)), and updates terminology in the heading to Division 2 of Part VI (section 4). Additionally, it repeals Division 3 concerning provisional tax and contribution, inserting a new Division 3 focused solely on provisional tax (section 5). The regulation also introduces a new regulation, 4ad, specifying areas in Borneo and Vietnam (Southern Zone) as special areas for tax purposes (section 3). Amendments to Forms 4 and 10 in the First Schedule (sections 6 and 7) ensure consistency with the updated title, and a new Fourth Schedule defines the area relating to Borneo (section 8). These regulations impose specific obligations on taxpayers, particularly those whose income is derived from the newly designated special areas in Borneo and Vietnam (Southern Zone). For these taxpayers, the regulations deem these areas as special areas under section 23ac of the Act, potentially affecting tax residency and the calculation of income tax. Furthermore, the changes to provisional tax calculation (section 54ze) necessitate taxpayers to adjust their provisional tax payments for the year ending 30 June 1966, based on an increase of two and a half per centum of the income tax assessed for the preceding year. Taxpayers must also ensure that forms and schedules referenced in the regulations are updated to reflect the new title, the Income Tax Assessment Act 1936-1965 (sections 6 and 7). Breach of these regulations can lead to various consequences. Failure to comply with the updated provisional tax calculation requirements can result in penalties under section 221yc of the Income Tax Assessment Act 1936-1965. The specific penalties include general penalties, interest on unpaid tax, and potentially additional charges for late or incorrect tax payments. Additionally, any misclassification of tax residency or income sourced from special areas might lead to reassessments and additional tax liabilities. While the regulations themselves do not explicitly state maximum penalties, the overarching Act provides a framework where penalties can range from fines to more severe legal actions in cases of deliberate non-compliance or tax evasion.

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