Income Tax Regulations (Amendment)

STATUTORY RULES.

1943. No. 80.

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REGULATIONS UNDER THE INCOME TAX ASSESSMENT ACT 1936-1943.*

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 1936-1943.

Dated this twenty-seventh day of March, 1943.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

(SGD.) J. B. CHIFLEY

Treasurer.

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Amendments of the Income Tax Regulations. †

Commencement.

1. These Regulations shall come into operation on the first day of April, 1943.

2. After regulation 7a of the Income Tax Regulations the following regulation is inserted:—

Prescribed authorities under secs. 59a and 59b of Act.

 “7b. The Secretary of the Department of Aircraft Production and the Assistant Secretary (Finance) of that Department shall be prescribed authorities for the purposes of sub-section (2.) of section 59a and sub-section (2.) of section 59b of the Act.”.

3. Regulation 54a of the Income Tax Regulations is repealed and the following regulation inserted in its stead:—

Rates of deductions where no dependants.

 “54a. Where the salary or wages payable to an employee in respect of any week or part thereof exceed Two pounds, the rates at which the employer shall make deductions for the purposes of section 221c of the Act shall be—

(a) where the salary or wages does not exceed Thirty pounds ten shillings—in accordance with sub-column (i) of column 2 of the Third Schedule to these Regulations;

(b) where the salary or wages exceeds Thirty pounds ten shillings but does not exceed Fifty pounds ten shillings—for each pound, or part of a pound in excess of ten

* Notified in the Commonwealth Gazette on , 1943.

† 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; and 1942, Nos. 339 and 553.

shillings, an amount of eight shillings plus one and a half pence for each pound, or part of a pound in excess of ten shillings, by which the salary or wages exceeds Thirty pounds; or

(c) where the salary or wages exceeds Fifty pounds ten shillings—for each pound, or part of a pound in excess of ten shillings, an amount of ten shillings and six pence plus one penny for each pound, or part of a pound in excess of ten shillings, by which the salary or wages exceeds Fifty pounds:

Provided that the amount of the deduction shall not in any case exceed eighteen shillings for each pound, or part of a pound in excess of ten shillings, in the salary or wages.”.

Rates of deductions where employee has dependants.

4. Regulation 54b of the Income Tax Regulations is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Notwithstanding anything contained in the last preceding regulation, where an employee has furnished to his employer, in a form approved by the Commissioner or a Deputy Commissioner and in the manner prescribed by these Regulations, a declaration that, on the first day of April immediately preceding the date or dates on which deductions are to be made, he was wholly maintaining the dependants described in the declaration, the amount of the deduction under the last preceding regulation in respect of any week or part of a week shall, in the case of that employee, be—

(a) where the salary or wages does not exceed Thirty pounds ten shillings and the number of dependants described in the declaration does not exceed six—the amount set out in such of the sub-columns of column 2 of the Third Schedule to these Regulations as accords with the number of dependants described in the declaration;

(b) where the salary or wages does not exceed Eight pounds and the number of dependants described in the declaration exceeds six—the amount set out in sub-column (vii) of column 2 of the Third Schedule to these Regulations, less an amount of two shillings for each such dependant in excess of six;

(c) where the salary or wages exceeds Eight pounds but does not exceed Thirty pounds ten shillings and the number of dependants described in the declaration exceeds six—the amount set out in sub-column (vii) of column 2 of the Third Schedule to these Regulations, less an amount of three shillings for each such dependant in excess of six;

(d) where the salary or wages exceeds Thirty pounds ten shillings but does not exceed Fifty pounds ten shillings—an amount calculated in accordance with paragraph (b) of regulation 54a of these Regulations, less—

(i) in respect of the first dependant described in the declaration—seventeen shillings;

(ii) in respect of the second dependant described in the declaration—fifteen shillings; and

(iii) in respect of each additional dependant described in the declaration—three shillings; and

(c) where the salary or wages exceeds Fifty pounds ten shillings an amount calculated in accordance with paragraph (c) of regulation 54a of these Regulations, less—

(i) in respect of the first dependant described in the declaration—seventeen shillings;

(ii) in respect of the second dependant described in the declaration—seventeen shillings; and

(iii) in respect of each additional dependant described in the declaration—three shillings,”; and

(b) by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) In this regulation, ‘dependant’ means a person to whom, in respect of the employee, paragraph (a), (aa), (ab), (b), (ba) or (c) of sub-section (2.) of section 160 of the Act applies.”.

The Third Schedule.

5. The Third Schedule to the Income Tax Regulations is repealed and the following Schedule inserted in its stead:—

“THE THIRD SCHEDULE.

Rates of Deductions.