Income Tax Rates Amendment Act 1994
No. 173 of 1994
An Act to amend the Income Tax Rates Act 1986, and for related purposes
[Assented to 16 December 1994]
The Parliament of Australia enacts:
Short title
1. This Act may be cited as the Income Tax Rates Amendment Act 1994.
Commencement
2. This Act commences on the day on which it receives the Royal Assent.
Principal Act
3. In this Act, "Principal Act" means the Income Tax Rates Act 19861.
Rates of tax payable by companies
4. Section 23 of the Principal Act is amended by omitting from subsection (6) "$50,000" and substituting "$49,999".
Application
5. The amendment made by this Act applies to assessments in respect of income of the 1994-95 year of income and of all later years of income.
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NOTE
Income Tax Rates Act 1986
1. No. 107, 1986, as amended. For previous amendments, see Nos. 60 and 138, 1987; Nos. 11, 78 and 118, 1988; Nos. 70, 98 and 106, 1989; No. 87, 1990; Nos. 48, 100 and 216, 1991; Nos. 98 and 197, 1992; and Nos. 7 and 18, 1993.
[Minister's second reading speech made in—
House of Representatives on 14 November 1994
Senate on 5 December 1994]
Overview
The Income Tax Rates Amendment Act 1994, enacted by the Parliament of Australia, was introduced to address a specific issue with the tax threshold for companies outlined in the Income Tax Rates Act 1986. The Act makes a minor amendment to the threshold at which companies begin to pay income tax, changing it from $50,000 to $49,999. This amendment was intended to ensure that the tax system remained consistent and accurate, reflecting the precise threshold intended by the original legislation. The Act applies to assessments of income starting from the 1994-95 year, ensuring that the adjustment is made in a timely manner to avoid any discrepancies in tax liabilities for the affected period.
Scope and Application
The Income Tax Rates Amendment Act 1994 applies to the amendment of the rates of tax payable by companies as outlined in the Income Tax Rates Act 1986. It specifies that the amendment affects the threshold for the tax rate for companies, changing it from $50,000 to $49,999. This amendment applies to assessments concerning income for the 1994-95 financial year and all subsequent years. The legislation is enacted at the Commonwealth level and applies to all companies operating within Australia, thereby impacting their tax obligations. The Act does not explicitly mention any exclusions, exemptions, or thresholds beyond the specified amendment to the tax rate. The application of this Act may be further defined or extended through subordinate instruments or regulations, although no such extensions or restrictions are noted in the provided text.
Key Provisions
The Income Tax Rates Amendment Act 1994 (No. 173 of 1994) is an Act that modifies the Income Tax Rates Act 1986. The principal amendments are found in section 4, which alters the threshold for company tax rates by changing the income limit from $50,000 to $49,999. This change, effective for assessments related to the 1994-95 income year and subsequent years, is made through an amendment to section 23(6) of the Principal Act.
Under the amended Act, entities such as companies must now adhere to the updated tax threshold. This change likely affects how companies are taxed and the corresponding rates they will pay, depending on their income levels. It is crucial for businesses to understand this amendment to ensure compliance with the new tax requirements. The obligation on companies is to accurately determine their income against the new threshold to correctly apply the applicable tax rates.
Failure to comply with the provisions of the amended Act may result in civil or criminal penalties. While the Act itself does not specify penalties, breaches of tax laws generally can lead to substantial fines and legal consequences. Companies found to be in non-compliance may face enforcement actions by the Australian Taxation Office, which could include the imposition of penalties and interest on the underpaid tax. It is imperative for legal practitioners to advise their clients on the implications of these changes and ensure that their tax filings are in line with the legislative requirements to avoid any potential legal repercussions.