Income Tax (Companies, Corporate Unit Trusts and Superannuation Funds) Act 1985

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Income Tax (Companies, Corporate Unit Trusts and Superannuation Funds) Act 1985

No. 125 of 1985

 

 

An Act to impose a tax upon incomes of companies, corporate unit trusts, superannuation funds and certain other trusts

[Assented to 28 October 1985]

BE IT ENACTED by the Queen, and 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 (Companies, Corporate Unit Trusts and Superannuation Funds) Act 1985.

Commencement

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

Interpretation

3. (1) In this Act, unless the contrary intention appears—

“Assessment Act” means the Income Tax Assessment Act 1936;

“corporate unit trust” means a unit trust that is a corporate unit trust within the meaning of Division 6b of Part III of the Assessment Act;

“ineligible approved deposit fund” means an ineligible approved deposit fund within the meaning of Division 9b of Part III of the Assessment Act;


“investment income” has the same meaning as in Division 9b of Part III of the Assessment Act;

“non-profit company” means—

(a) a company that is not carried on for the purposes of profit or gain to its individual members and is, by the terms of the company’s constituent document, prohibited from making any distribution, whether in money, property or otherwise, to its members; or

(b) a friendly society dispensary;

“registered organization” means a registered organization within the meaning of Division 8a of Part III of the Assessment Act;

“superannuation fund” means a provident, benefit, superannuation or retirement fund;

“tax” means income tax referred to in sub-section 5 (1).

(2) In this Act, a reference to investment income, net income or taxable income shall be read as a reference to investment income, net income or taxable income, as the case may be, of the year of income.

Incorporation

4. The Assessment Act is incorporated, and shall be read as one, with this Act.

Imposition of income tax

5. (1) Income tax is imposed in accordance with this Act and at the rates declared in this Act.

(2) This Act does not impose tax payable in accordance with section 121h, 126, 128b, 128n, 128t, 128v, 136a or 159c of the Assessment Act.

(3) This Act does not impose tax payable by—

(a) a natural person, other than—

(i) a person in the capacity of a trustee of a superannuation fund;

(ii) a person in the capacity of a trustee of a corporate unit trust;

(iii) a person in the capacity of a trustee of an ineligible approved deposit fund; or

(iv) a person in the capacity of a trustee of a trust estate, being a person who is liable to be assessed and to pay tax under sub-section 98 (3) of the Assessment Act; or

(b) a company in the capacity of a trustee, other than—

(i) a company in the capacity of a trustee of a superannuation fund;

(ii) a company in the capacity of a trustee of a corporate unit trust;


(iii) a company in the capacity of a trustee of an ineligible approved deposit fund; or

(iv) a company in the capacity of a trustee of a trust estate, being a company that is liable to be assessed and to pay tax under sub-section 98 (3) of the Assessment Act.

(4) This Act does not impose tax upon the taxable income of a non-profit company, not being a registered organization, where that taxable income does not exceed $416.

Rates of tax payable by companies

6. (1) The rates of tax payable by a company, other than a company in the capacity of a trustee, are as set out in the following provisions of this section.

(2) The rate of tax in respect of the taxable income of a company not being—

(a) a private company; or

(b) a registered organization,

is 46%.

(3) In the case of a company that is a private company, the rates of tax are—

(a) in respect of the taxable income—46%; and

(b) in respect of the undistributed amount in respect of which the company is liable under section 104 of the Assessment Act to pay additional tax—50%.

(4) The rate of tax in respect of the taxable income of a company that is a registered organization is 20%.

(5) Where the taxable income of a non-profit company, not being a registered organization, does not exceed $2,542, the amount of tax payable by the company shall not exceed 55% of the amount by which the taxable income exceeds $416 less any rebate or credit to which the company is entitled.

Rate of tax payable by trustees of corporate unit trusts

7. The rate of tax payable by a trustee of a corporate unit trust in respect of the net income of the corporate unit trust in respect of which the trustee is liable, under section 102k of the Assessment Act, to be assessed and to pay tax is 46%.

Rates of tax payable by trustees of superannuation funds

8. (1) The rate of tax payable by a trustee of a superannuation fund in respect of the taxable income of the fund in respect of which the trustee is liable, under section 121ca or 121cb of the Assessment Act, to be assessed and to pay tax is 50%.


(2) The rate of tax payable by a trustee of a superannuation fund in respect of investment income of the fund in respect of which the trustee is liable, under section 121cc of the Assessment Act, to be assessed and to pay tax is 30%.

(3) The rate of tax payable by a trustee of a superannuation fund in respect of the taxable income of the fund in respect of which the trustee is liable, under section 121da of the Assessment Act, to be assessed and to pay tax is 60%.

(4) The rate of tax payable by a trustee of a superannuation fund in respect of the taxable income of the fund in respect of which the trustee is liable, under section 121dab of the Assessment Act, to be assessed and to pay tax is 46%.

Rate of tax payable by trustees of ineligible approved deposit funds

9. The rate of tax payable by a trustee of an ineligible approved deposit fund in respect of the taxable income of the fund in respect of which the trustee is liable, under section 121daa of the Assessment Act, to be assessed and to pay tax is 46%.

Rate of tax payable by trustee to whom sub-section 98 (3) of Assessment Act applies

10. The rate of tax payable by a trustee of a trust estate in respect of a share of the net income of the trust estate in respect of which the trustee is liable to be assessed and to pay tax under sub-section 98 (3) of the Assessment Act is 46%.

Adjustment where amount payable does not exceed 49 cents

11. (1) This section applies for the purposes of the making of an assessment of tax under this Act in respect of the income of a taxpayer of a year of income where, upon the making of the assessment and the serving of notice of the assessment upon the taxpayer, there would, but for this section, be a net amount of not more than 49 cents payable by the Commissioner to the taxpayer, or by the taxpayer to the Commissioner, under the law relating to income tax, after taking into account all liabilities of the taxpayer, and all rebates and credits allowable to the taxpayer, under that law.

(2) Where this section applies in relation to the making of an assessment—

(a) if the amount of not more than 49 cents would be an amount payable to the taxpayer—additional tax equal to that amount is imposed by this Act in respect of the income of the taxpayer of the year of income; and

(b) if the amount of not more than 49 cents would be an amount payable to the Commissioner—the amount that, but for this section, would be the amount of income tax imposed by this Act in respect


of the income of the taxpayer of the year of income, before the allowance of any rebate to which the taxpayer is entitled, is reduced by so much of that amount of not more than 49 cents as does not exceed the amount calculated by deducting the amount of any such rebates from the amount that is to be so reduced.

(3) A reference in this section to a liability of the taxpayer shall be read as including a reference to a liability in respect of income tax notified to the taxpayer by the Commissioner, notwithstanding that the amount of the liability has not become due and payable.

(4) For the purposes of any calculation under the law relating to income tax that depends upon the amount of tax paid or payable by, or assessed in respect of the income of, a taxpayer, the tax assessed and payable under an assessment in relation to which this section applies shall be deemed to be the tax that would have been so assessed and payable if this section had not applied.

Levy of tax

12. (1) The tax imposed by this Act is levied, and shall be paid, for the financial year that commenced on 1 July 1985.

(2) Until the Parliament otherwise provides, the tax imposed by this Act is also levied, and shall be paid, for the financial year commencing on 1 July 1986.

Act to be deemed to be the Act declaring rates of income tax

13. For the purposes of sub-section 104 (1) of the Assessment Act, this Act shall be deemed to be the Act declaring the rates of income tax payable for the financial year that commenced on 1 July 1985.

Instalments of tax

14. Instalments of tax are payable by a company, and by a trustee of a corporate unit trust, in accordance with the provisions of Division 1a of Part VI of the Assessment Act, in respect of the year of income that commenced on 1 July 1985.

 

 

[Minister’s second reading speech made in—

House of Representatives on 19 September 1985

Senate on 15 October 1985]

Overview

The Income Tax (Companies, Corporate Unit Trusts and Superannuation Funds) Act 1985, enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia, was introduced to address the need for a specific legislative framework governing the taxation of companies, corporate unit trusts, and superannuation funds. The Act came into operation on the day it received Royal Assent, providing a clear and distinct legal basis for the taxation of these entities separate from the broader provisions outlined in the Income Tax Assessment Act 1936. This separation was intended to streamline and clarify the application of tax laws to these specific entities, ensuring that their unique characteristics and operations were appropriately considered in the tax framework. The policy objective of the Act was to establish a dedicated legislative structure for the taxation of companies, corporate unit trusts, and superannuation funds, thereby facilitating more precise and effective tax regulation for these entities.

Scope and Application

The Income Tax (Companies, Corporate Unit Trusts and Superannuation Funds) Act 1985 applies to companies, corporate unit trusts, superannuation funds, and trustees of such entities who are liable to pay tax under the Income Tax Assessment Act 1936. The Act sets out the rates of income tax for these entities, excluding natural persons not in the capacity of a trustee. It specifically imposes tax on companies, including private companies and registered organisations, and on trustees of corporate unit trusts, superannuation funds, and ineligible approved deposit funds. The tax rates vary based on the type of entity, with general companies and corporate unit trusts taxed at 46%, private companies taxed at 46% on taxable income and 50% on undistributed amounts, registered organisations taxed at 20%, and superannuation funds and ineligible approved deposit funds taxed at various rates depending on the type of income. The Act applies nationally across Australia as a Commonwealth Act. Additionally, the Act includes provisions for the adjustment of tax amounts to a minimum of 49 cents and specifies that the tax is levied for the financial years commencing on 1 July 1985 and 1 July 1986. The application and rates of tax can be further detailed and modified through subordinate instruments under the Assessment Act.

Key Provisions

The Income Tax (Companies, Corporate Unit Trusts and Superannuation Funds) Act 1985 imposes income tax on certain types of entities. Section 5 states that income tax is imposed at the rates declared in the Act, but it does not apply to natural persons or companies unless they are in the capacity of a trustee for specified types of funds. The tax rates vary depending on the type of entity and whether it is a registered organisation (Section 6). For instance, a company that is not a private company and not a registered organisation pays a tax rate of 46% on its taxable income. Trustees of corporate unit trusts, superannuation funds, and ineligible approved deposit funds also face specific tax rates, which can range from 30% to 60% depending on the type of income (Sections 7 to 9). Additionally, there are special provisions for small non-profit companies (Section 6(5)) and for minor amounts owed or receivable (Section 11). The Act imposes specific obligations on companies and trustees of various funds to ensure they comply with the tax requirements. Companies and trustees must calculate their taxable income according to the provisions of the Assessment Act and pay the appropriate tax rates. Trustees of superannuation funds, corporate unit trusts, and ineligible approved deposit funds must also file the necessary returns and pay the taxes as per their respective rates (Sections 5 to 9). Moreover, the Act requires the tax to be levied for the financial year commencing on 1 July 1985 and, until otherwise provided by Parliament, for the financial year commencing on 1 July 1986 (Section 12). Failure to comply with the provisions of the Act can result in various penalties and consequences. While the Act does not explicitly state penalties, breaches of tax obligations generally attract penalties under the Income Tax Assessment Act 1936. These can include fines, interest on unpaid taxes, and in severe cases, criminal prosecution. The specific penalties depend on the nature and extent of the breach, but they can be significant, particularly for entities that fail to meet their tax obligations consistently.

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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.