Income Tax (Deferred Interest Securities) (Tax File Number Withholding Tax) Act 1991

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Income Tax (Deferred Interest Securities) (Tax File Number Withholding Tax) Act 1991

No. 215, 1991

Compilation No. 3

Compilation date:   19 June 2018

Includes amendments up to: Act No. 41, 2018

Registered:    20 June 2018

 

About this compilation

This compilation

This is a compilation of the Income Tax (Deferred Interest Securities) (Tax File Number Withholding Tax) Act 1991 that shows the text of the law as amended and in force on 19 June 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Short title

2 Commencement

3 Act to bind Crown

4 Imposition of tax

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

An Act to impose a tax on the nonquotation of tax file numbers in respect of certain deferred interest securities

1  Short title

  This Act may be cited as the Income Tax (Deferred Interest Securities) (Tax File Number Withholding Tax) Act 1991.

2  Commencement

  This Act commences, or is taken to have commenced, as the case requires, on the commencement of section 221YHZR of the Income Tax Assessment Act 1936.

3  Act to bind Crown

  This Act binds the Crown in the right of each of the States, of the Australian Capital Territory and of the Northern Territory.

4  Imposition of tax

  Tax payable in accordance with section 1455 in Schedule 1 to the Taxation Administration Act 1953 is imposed.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Income Tax (Deferred Interest Securities) (Tax File Number Withholding Tax) Act 1991

215, 1991

24 Dec 1991

24 Dec 1991 (s 2)

 

Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006

101, 2006

14 Sept 2006

Sch 2 (item 779) and Sch 6 (items 1, 6–11): 14 Sept 2006 (s 2(1) items 2, 4)

Sch 6 (items 1, 6–11)

Tax Laws Amendment (2008 Measures No. 4) Act 2008

97, 2008

3 Oct 2008

Sch 3 (item 174): 3 Oct 2008 (s 2(1) item 5)

Statute Update (Autumn 2018) Act 2018

41, 2018

22 May 2018

Sch 4 (item 8): 19 June 2018 (s 2(1) item 4)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 3.....................

am No 41, 2018

s 4.....................

am No 101, 2006; No 97, 2008

 

Overview

The Income Tax (Deferred Interest Securities) (Tax File Number Withholding Tax) Act 1991 was enacted to address the problem of non-quotation of tax file numbers in respect of certain deferred interest securities, which could potentially lead to tax evasion and loss of revenue for the Australian government. The Act was introduced by the Australian Parliament and its primary policy objective was to impose a tax on the non-quotation of tax file numbers for these securities. The tax is imposed in accordance with section 14-55 in Schedule 1 to the Taxation Administration Act 1953. The Act binds the Crown in the right of each of the States, of the Australian Capital Territory, and of the Northern Territory. The Act commenced on the commencement of section 221YHZR of the Income Tax Assessment Act 1936, and it has since been subject to amendments and updates, including those made by the Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006, the Tax Laws Amendment (2008 Measures No. 4) Act 2008, and the Statute Update (Autumn 2018) Act 2018. These amendments aimed to refine and update the Act to ensure its continued effectiveness in achieving its policy objectives.

Scope and Application

The Income Tax (Deferred Interest Securities) (Tax File Number Withholding Tax) Act 1991 imposes a tax on the non-quotation of tax file numbers in respect of certain deferred interest securities. This Act applies to any entity or individual involved in the issuance, sale, or redemption of deferred interest securities who fails to quote a tax file number, thereby subjecting them to withholding tax. The geographic reach of the Act is national, binding the Crown in the right of each of the States, the Australian Capital Territory, and the Northern Territory. The Act commenced on the same date as the relevant section of the Income Tax Assessment Act 1936, as stipulated in section 2. The imposition of tax is governed by section 14-55 in Schedule 1 to the Taxation Administration Act 1953, and any modifications or further details regarding the application of this Act can be found in subordinate instruments. This Act does not explicitly state any exclusions, exemptions, or thresholds, but these may be defined in related legislation or administrative guidelines.

Key Provisions

The Income Tax (Deferred Interest Securities) (Tax File Number Withholding Tax) Act 1991 imposes a tax on the non-quotation of tax file numbers in respect of certain deferred interest securities. This Act, which binds the Crown in the right of each of the States, the Australian Capital Territory, and the Northern Territory, is effective as of the commencement of section 221YHZR of the Income Tax Assessment Act 1936. The primary operative section of this Act, section 4, imposes tax payable in accordance with section 14-55 in Schedule 1 to the Taxation Administration Act 1953. The obligations and requirements imposed by this Act are primarily concerned with ensuring that tax file numbers are quoted in transactions involving deferred interest securities. Financial institutions and other entities involved in the issuance or trading of these securities must ensure that they obtain and quote the tax file numbers of the relevant parties to comply with the withholding tax requirements. This includes adhering to the specific provisions outlined in the Taxation Administration Act 1953, which details the withholding tax rates and the process for collecting and remitting the tax to the Australian Taxation Office. Breach of the provisions of this Act can result in civil and criminal consequences. While the Act does not explicitly state the penalties for non-compliance, it is understood that failure to comply with the withholding tax requirements can result in substantial fines and legal action. The penalties for non-compliance with withholding tax obligations are generally severe, as outlined in the Taxation Administration Act 1953, which includes provisions for penalties and interest on the unpaid tax. The maximum penalties can be significant, reflecting the importance of ensuring compliance with tax withholding obligations.

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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.